Your rights as a home health patient, and who to call

Every Medicare-certified home health agency has to honor the same patient rights, and has to give them to the person in writing before care starts.¹ Most days they stay in the background. They matter when something goes wrong: a visit that doesn’t happen, a bill nobody explained, care that ends sooner than the family expected. This note lists the rights in plain words and says who to call, in order, when something isn’t right.

The short answer

• Before care starts, the agency gives the person a written notice of their rights, in a form they can understand, and the person signs to show they got it.¹
• The person has the right to take part in planning their care, and to agree to or refuse any part of it.¹
• The person has the right to be told what Medicare pays and what they’ll owe, and to written notice before care is cut back or ended.¹
• The person can complain without fear of retaliation, and the agency has to investigate.¹
• If the agency doesn’t fix a problem, the state, Medicare’s quality reviewer and 1-800-MEDICARE are each a phone call away.^2,3,4

The rights, in plain words

Medicare’s rules for home health agencies give every patient these rights:¹

• Respect. To have their home, their belongings and themselves treated with respect.
• Safety. To be free from abuse, neglect and having their property taken. Staff who see abuse or neglect have to report it right away.
• A say in their care. To take part in planning their care, to be told about the assessment, the plan, the services, how often visits come, the goals and the risks and benefits, and to agree to or refuse any of it.
• The care in the plan. To receive all the services in their plan of care.
• Privacy. To have their clinical record kept confidential.
• Clear costs. To be told, out loud and in writing, what Medicare or another program pays and what they’ll owe, before care starts, and to hear about any change as soon as possible.
• Notice before changes. To get written notice in advance if a service may not be covered, and before care is cut back or ended.
• Help with language and disability. To get interpreters, translated documents and disability aids at no cost.
• Speaking up safely. To complain about their care or how they’re treated, and to be free from discrimination or retaliation for doing it.
• Information. To be given the state’s toll-free home health hotline and the local organizations that can help.

If a court has found that the person can’t make their own decisions, a court-appointed representative exercises these rights. Otherwise, the person can choose a representative, who gets the written notice too.¹

The right to your records

The person also has the right to see and get a copy of their health records.⁵ California sets a faster clock than federal law for home health agencies: a chance to look at the records within 5 working days of a written request, and copies within 15 days.⁶ Request your medical records explains how to ask HealthView.

Who to call, in order

Local help the agency has to tell you about

The agency also has to give the person contact information for local organizations that serve their area: the agency on aging, the center for independent living, the protection and advocacy agency, the aging and disability resource center, and the quality improvement organization.¹ Ask for that list at the first visit if it isn’t in the folder.