Okla. Admin. Code § 310:661-5-4

Current through Vol. 42, No. 7, December 16, 2024

Section 310:661-5-4 - Rights and responsibilities

(a) Every hospice must provide, before or at the time of admission, a written statement of rights and responsibilities to each patient, or patient representative, or available family member. The hospice shall ensure that all staff members are familiar with and observe the rights and responsibilities enumerated in the statement.

(b) The statement must inform the patient that he/she has a right to:

(1) A listing of available services, charges, billing process, and services that may be covered by private payment, private insurance, or state or federal medical care payment programs, including Medicaid or Medicare;

(2) Advance notice of any change in fees or billing as soon as possible but no later than thirty (30) calendar days before the effective date of the change;

(3) Receive information explaining the Medicare, Medicaid and insurance benefits which are no longer available to the patient while the patient receives hospice care, any applicable benefit periods, length of time of each benefit period, and the process of revoking and transferring from one hospice to another if the patient desires;

(4) Be informed of the right to participate in the planning of care, the right to be advised in advance of any changes in the plan of care, the disciplines that shall furnish care, the proposed frequency of care, the title of the person supervising the patient's care and the manner in which that person may be contacted;

(5) Revoke the hospice benefit, without coercion from the hospice;

(6) Expect that the hospice shall enter no further into family life and affairs than is required to meet the goals of the hospice care plan;

(7) A grievance procedure that includes the right to register a grievance with the hospice regarding treatment or care received or lack of treatment or care without reprisal or discrimination from the hospice; and

(8) File a complaint with the Oklahoma State Department of Health at its current mailing address.

(c) The statement must include the following hospice responsibilities:

(1) Accepting patients for service only if they meet hospice admission criteria and have been determined to be terminally ill by a licensed medical doctor or osteopathic physician;

(2) Providing services regardless of payment;

(3) Providing services if the patient is a nursing facility resident and indicating that care will be provided according to the hospice plan of care and that the nursing facility will be provided with the plan of care and all subsequent changes to ensure care is coordinated;

(4) Informing the patient representative or family of the patient's condition and what future changes may occur in the patient's condition and encouraging the patient or patient representative to express feelings and emotions without fear of reprisal;

(5) Providing caregivers who are non-judgmental and conduct themselves in a professional manner;

(6) Making and accepting referrals solely in the best interest of the patient;

(7) Ensuring that hospice owners, employees, and contractors do not knowingly initiate contact with a patient currently treated by another hospice for the purpose of attempting to persuade the patient to change hospice providers, and ensuring that a hospice which has knowledge of contacts initiated by its employees, owners or contractors will take reasonable and necessary steps to cease such contacts;

(8) Respecting and being sensitive to the ethnic, cultural, socioeconomic, religious and lifestyle diversity of the patients and their families;

(9) Ascertaining and honoring the wishes, concerns, priorities and values of the patient and the patient's family including refusal of routine care and treatment consistent with the organization's values as stated by hospice policy;

(10) Complying with the patient's advance directive, informing the patient of the right to revoke the advance directive at any time, and discussing the procedures required to revoke;

(11) Providing qualified personnel to meet the patient's needs;

(12) Supporting, affirming, and empowering families as caregivers while acknowledging and responding with sensitivity to the interruption of privacy that is necessitated by hospice care in the patient's residence; and

(13) Ensuring that contracted providers and volunteers are qualified and properly trained and provide care consistent with the values and philosophy of hospice.

(14) Ensuring hospice care is established to meet the patient's needs and not to supplement facility staffing if the patient resides in an inpatient facility.

Okla. Admin. Code § 310:661-5-4

Added at 14 Ok Reg 2106, eff 4-7-97 (emergency); Added at 14 Ok Reg 2269, eff 6-12-97; Amended at 19 Ok Reg 2094, eff 6-27-02; Amended at 21 Ok Reg 1303, eff 5-27-04

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022