Home Health Care
Learn about Rights and Responsibilities
A number of legal protections apply specifically to home health care — some derived from the written contract the patient and care agency sign, and some afforded by state and federal laws that regulate such care.
Patient Rights
A patient’s rights are guaranteed under state and federal laws. Home health agencies must comply with these legal standards — or risk losing their licenses. Most home health care agencies will require their clients to sign a written contract listing the rights related to their treatment and the relationship with the agency before any plan of care begins. And that contract is another source for the client’s legal rights.
It is a good idea to review the rights and responsibilities outlined here and compare them to those specified in the contract to make sure services are as promised. Specifically, individuals receiving home health care have the rights to:
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Information about the plans for their care, service costs, and changes in care and agency policies;
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Quality care and treatment, including planning care, receiving safe and adequate care, and getting referrals to more fitting care if necessary;
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Privacy and dignity both while receiving care and in handling medical records; and
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Timely and adequate responses to complaints about treatment and services, including a prompt procedure for hearing and rectifying any complaints.
Patient Responsibilities
The patient also has a number of responsibilities to the agency providing the care, including the duties to:
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Notify any changes of conditions, schedules, and preferences for care;
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Follow prescribed care, including understanding treatment and accepting consequences for not following it;
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Report problems with services that are inadequate;
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Be financially responsible by paying for services as agreed; and
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Treat personnel respectfully by providing a safe environment and respecting home health care personnel and their property.
Provider Rights
In some cases, a home health care agency determines that it cannot meet an individual’s needs for care. The agency has the right to refuse to accept a client — and to make a referral to another agency.
