9916.1 Each home support agency shall develop a written statement of client rights and responsibilities that shall be given, upon admission, to each client who receives personal care services or the client representative, if applicable.

9916.2 Each home support agency shall develop policies to ensure that each client who receives personal care services has the following rights:

1. (a) To be treated with courtesy, dignity, and respect;
2. (b) To control his or her own household and life style;
3. (c) To be informed orally and in writing of the following:
4. (1) Services to be provided by the home support agency, including any limits on service availability;
5. (2) The amount charged for each service, and procedures for billing and non-payment;
6. (3) Prompt notification of acceptance, denial or reduction of services;
7. (4) Complaint process; and
8. (5) The telephone number of the Complaint Hotline maintained by the Department;
9. (d) To receive services consistent with the service agreement and with the client's service plan;
10. (e) To participate in the planning and implementation of his or her personal care services;
11. (f) To receive services by competent personnel who can communicate with the client;
12. (g) To refuse all or part of any service and to be informed of the consequences of refusal;
13. (h) To be free from mental and physical abuse, neglect, and exploitation by home support agency employees;
14. (i) To be assured confidential handling of client records as provided by law;

(j) To be educated about and trained in matters related to the services to be provided;

(k) To voice a complaint or other feedback to the Department or the home support agency in confidence and without fear of reprisal from the home support agency or any home support agency personnel, in writing or orally, including an in-person conference if desired, and to receive a timely response to a complaint as provided in these rules; and

(l) To have access to his or her own client records.

9916.3 Each home support agency shall inform all clients that they have the right to make complaints and to provide feedback concerning the services rendered by the home support agency to the Department, in confidence and without fear of reprisal from the home support agency or any home support agency personnel, in writing or orally, including an in person conference if desired.

9916.4 Each home support agency shall develop a statement of client responsibilities regarding the following:

(a) Treating home support agency personnel with respect and dignity;

(b) Providing accurate information when requested;

(c) Informing the home support agency when instructions are not understood or cannot be followed;

(d) Cooperating in making a safe environment for care within the home; and

(e) Providing prompt payment for services.

9916.5 Written policies on client rights and responsibilities shall be made available to the general public.

9916.6 The home support agency shall take appropriate steps to ensure that all information is conveyed, pursuant to these rules, to any client who cannot read or who otherwise needs accommodations in an alternative language or communication method. The home support agency shall document in the client's records the steps taken to ensure that the client has been provided effectively with all required information.

SOURCE: Final Rulemaking published at 67 DCR 9476 (August 7, 2020).