Oregon Bill of Rights

OAR 333-027-0080
Patients’ Rights

(1)   Bill of Rights: An agency must provide each patient with a written notice of the patient’s rights prior to furnishing care to the patient or during the initial evaluation visit prior to the initiation of treatment. This notice shall state that a patient of the agency has the following rights:

(a)  The right to have personal property treated with respect;

(b)  The right to voice grievances regarding treatment or care, a lack of respect for property by anyone furnishing services on behalf of the agency, or any other issue, without discrimination or reprisal for exercising such rights. The agency must investigate all complaints made by the patient or the patient’s family or guardian regarding the above and must document the investigation and the resolution of the complaint;

(c) The right to be informed, in advance, about the care to be furnished, any changes in the care to be furnished, the disciplines that will furnish care, and the frequency of visits proposed to be furnished;

(d)  The right to participate in the planning of care;

(e)  The right to have clinical records confidentially maintained by the agency;

(f)  The right to be advised, before care is initiated, of the extent that payment for the agency services may be expected from Medicare or other sources, and the extent that payment may be required from the patient. The agency must provide this information orally and in writing before care is initiated; and

(g)  The right to be advised orally and in writing of any changes in the information provided in accordance with subsection (1)(f) as soon as possible, but no later than 30 working days from the date that the agency becomes aware of a change.

(2)

Health Care Directives: An agency shall maintain written policies and procedures, applicable to any person 18 years of age or older, or to any adult as defined under ORS 127.505 (Definitions for ORS 127.505 to 127.660), who is receiving health care by, or through, the agency, that provide for:

(a)  Delivery to the patient or the patient’s legal representative of the following information and materials, in written form, without recommendation:

(A)  Information on the rights of the individual under Oregon law to make health care decisions;

(B)  Information on the policies of the agency with respect to the implementation of the rights of the individual under Oregon law to make health care decisions;

(C)  A copy of the advance directive set forth in ORS 127.531 along with a disclaimer attached to each form in at least 16-point bold type stating “You do not have to fill out and sign this form”; and

(D)  The name of a resource that can provide additional information concerning the forms for advance directives.

(b). Documentation placed prominently in the patient’s record and reflecting whether the patient has executed an advance directive.

(c). Compliance by the agency with Oregon law relating to advance directives; and

(d). Education of agency personnel and the community on issues relating to advance directives.

(3). An agency shall provide the written information described in section (2) to the patient not later than 15 days after the initial provision of care by the agency, but in any event before discharge of the patient;

(4). An agency need not furnish a copy of an advance directive to a patient or the patient’s legal representative if it has reason to believe that the patient has received a copy of an advance directive in the form set forth in ORS 127.531 within the preceding 12-month period or has previously executed an advance directive.

At Vancouver Home Health Care Agency, our commitment is rooted in caring and compassion, ensuring that your well-being remains at the heart of what we do.

Patient Responsibilities:

To ask questions of the staff about anything they do not understand concerning their treatment or services provided.

To provide complete and accurate information concerning their present health, medication, allergies, etc.

To inform staff of their health history, including past hospitalization, illnesses, injuries.

To involve themselves and/or Caregiver, as needed and as able, in developing, carrying out, and modifying their home healthcare and or home care service plan of care.

To review the Agency’s information on maintaining a safe and accessible home environment in their residence.

To request additional assistance or information on any phase of their health care plan they do not fully understand.

To inform the staff when a health condition or medication change has occurred.

To notify the Agency when they will not be home for a scheduled home care visit.

To notify the Agency prior to changing their place of residence or telephone.

To notify the Agency when encountering any problem with equipment or services.

To notify the Agency if they are to be hospitalized or if a physician modifies or ceases their home care prescription.

To make a conscious effort to comply with all aspects of the plan of care.

To notify the Agency when payment source changes.

To notify the Agency of any changes in or the execution of any advanced directives.

To inform staff of their health history, including past hospitalization, illnesses.

At Vancouver Home Health Care Agency, our commitment is rooted in caring and compassion, ensuring that your well-being remains at the heart of what we do.

Before the care is initiated,
the agency must inform a patient orally and in writing of the following:

The extent to which payment may be expected from third party payers;

The charges for services that will not be covered by third party payers;

Services to be billed to third party payers;

The method of billing and payment for services;

The charges that the patient may have to pay;

A schedule of fees and charges for services;

The nature and frequency of services to be delivered and the purpose of the service;

Any anticipated effects of treatment, as applicable;

The agency must inform a patient orally and in writing of any changes in these charges as soon as possible, but no later than five (5) days from the date the home health agency provider becomes aware of the change;

If an agency is implementing a scheduled rate increase to all clients, the agency shall provide a written notice to each affected consumer at least 30 days before implementation;

The requirements of notice for cancellation or reduction in services by the organization and the client; and The refund policies of the organization.

The agency shall not assume power of attorney or guardianship over a consumer utilizing the services of the agency, require a consumer to endorse checks over to the agency or require a consumer to execute or assign a loan, advance, financial interest, mortgage or other property in exchange for future services.

At Vancouver Home Health Care Agency, our commitment is rooted in caring and compassion, ensuring that your well-being remains at the heart of what we do.

Patient Privacy and Security Policy

Personnel are encouraged to keep the patient covered at all times and to provide a drape when directly working with the patient. Visitors are asked to leave when service is given unless the patient asked them to stay. Any photos taken are for the purpose of documentation and are taken only with the patient/representative’s written consent.

The agency will ensure clinical record and data entry personnel are trained to maintain clinical records and files confidentially. Patient information will not be visible on computer monitors when not in use. Clinical records in the home will be labeled as confidential and kept in a secure place by the patient/representative. Information given to personnel will be limited to a “need to know” basis.

All personnel will be oriented to the privacy requirements on hire and annually, and the consequences of patient privacy violations up to and including termination.

Security

Patient and family are encouraged to keep emergency telephone numbers visible and near the telephone. Patients are instructed to notify the agency if property, money, or valuables are missing or damaged. The agency recommends that patients notify police and household insurance carrier in the event of loss or theft.

The agency will fully cooperate with the investigation. In the event an admission of theft is made, every attempt will be made to recover the loss from the employee involved. A guilty employee’s employment with the agency will be terminated. In the event the agency is to blame regarding property loss or damage, every effort will be made to return or replace property.

All information maintained in computer records will be password protected and only authorized personnel will have access. All personnel having passwords to access the agency and patient information will keep the password protected and not allow others to know the password or use it.

Passwords will be changed periodically and when an employee resigns or job duties are reassigned. Sharing passwords with others is not allowed and will be treated as a breach in confidentiality resulting in corrective action.

Patient records and PHI will be maintained in agency records and on computers as needed. All personnel with access to patient information will be required to log in using their personal password when accessing clinical records.

Personnel will have access to only those records needed to complete their work. If mobile devices are used by field personnel, the agency will enforce the following HITECH ACT controls on mobile devices used to document patient service by personnel, contractors, and business associates:

The agency software with PHI access is encrypted.

User authentication and passwords will be required.

The agency has activated wiping/and or remote disabling.

The agency has an active firewall and security system.

The agency has disabled file-sharing applications.

The agency prohibits downloading of mobile applications without permission.

Staff will be required to follow security measures if sending or receiving PHI over public Wi-Fi networks.

Personnel are required to maintain physical control over their assigned mobile devices and store them in a secure and protected location when not in use. Agency-owned mobile devices may not be used for personal use. The mobile device must be returned to the agency for deletion of all PHI before discarding or reusing the device.

At Vancouver Home Health Care Agency, our commitment is rooted in caring and compassion, ensuring that your well-being remains at the heart of what we do.