VI. HIPAA, Patient’s Rights and Confidentiality

Our clients have the right to confidentiality, and it is to be respected and maintained. Our clients place their trust in us, and we must be very careful to protect their right to confidentially.

HIPAA

All protected patient information shall be kept safeguarded pursuant to the policies and procedures of SARA Companion Home Care Services, Inc. and in accordance with Health Insurance Portability and Accountability Act of 1996 (HIPAA), the regulations issued there under and any applicable state law to prevent impermissible disclosure, loss or misuse and to ensure that only authorized persons have access to such protected information. For more information, please refer to your HIPAA manual which is enclosed with your orientation packet.

Patient Rights

Our patients have the right:

1. To execute such rights, in writing prior to the initiation of care, as evidenced by written documentation in the clinical record;
2. Patients have the right to be treated by the physician of their choice, the right to participate in the planning of their care, and the unrestricted right to communicate with their physician and any other persons responsible for the planning of their care.
3. Patients have the right to health care that meets all professional standards and which is performed by personnel who are qualified through education and experience to carry out the services for which they are responsible.
4. Patients have the right to courteous, respectful, considerate, individualized and humane health care that is given without discrimination as to race, color, creed, sex, national origin or handicap.
5. Patients have the right to be treated with consideration, dignity, respect and full recognition of his/her dignity and individuality by all agency personnel, who are made aware of the “Patient’s Right and Grievance Procedure” by the governing body of SARA.
6. Patients have the right to request information about their diagnosis, prognosis, and treatment, including alternatives to care and risks involved in terms that they and their families can readily understand, so that they can give their informed consent.
7. Patients have the right to participate in the development of the plan of care and discharge plan and be advised of all treatments the agency is to provide, and when and how the services will be provided, and the names and function of any persons and/or affiliated agency providing such services.
8. Patients have the right to make decisions concerning: (a) Medical care, including rights to accept or refuse medical/surgical/nursing treatment and to be informed of the possible health consequences of this action.,(b) The right to participate in formulating advance directives.,(c) The written policies of the agency in respect to the implementation of these specific rights, and the patients have received a copy of such.
9. The agency may not discriminate against individuals on the basis of whether he/she has an advance directive.
10. The patient has the right to know that their medical record contains information as to whether he/she has signed an advance directive.
11. Patients have the right to coordination and continuity of health care.
12. Patients have the right to appropriate instruction from health care personnel so that they can achieve an optimal level of wellness and self-care.
13. Patients have the right to privacy, including confidential treatment of patient records, and to refuse release of records to any individual outside the agency except in the case of the patient’s transfer to a health care facility or as required by law or third-party payment contract.
14. Patients have the right to request all health records that pertain to them and also have (a) The right to challenge them., (b) The right to have their records corrected for accuracy.,(c) The right to transfer all such records in the case of continuing care.
15. Patients have the right to receive written information on all agency services and the charges for them as well as any or all charges for which the patient is personally responsible.
16. Patients have the right to be notified of any changes in policy or rates no later than 30 days to change. All changes will be given orally and in writing.
17. If a patient lacks capacity to exercise these rights, the right shall be exercised by an individual guardian or entity legally authorized to represent the patient.

Confidentiality

The New York State HIV confidentiality law (Article 27-F of the Public Health Law) strictly protects the confidentiality of information about individuals who have undergone HIV-related testing, have HIV infection, HIV-related illness or AIDS, or are the “contacts” of these individuals. SARA Companion Services recognizes that it is essential to protect the confidentiality of such information in order to encourage people to learn their HIV status, obtain the HIV-related care and services they may need, and limit the harms that may result from the inappropriate use or disclosure of HIV-related information.

Employees of this agency are authorized to access HIV-related information about a client, and/or to disclose such information about a client to other employees within this agency, only in the following circumstances:

~~~ the job title of the employees receiving and/or disclosing the client’s HIV-related information is as follows: Director of Patient Services, Nursing Department (Field nurse, Intake nurse)

~~~ the employee receiving and/or disclosing the client’s HIV-related information (a) has been educated about applicable confidentiality requirements and (b) has signed the Employee Attestation and

~~~ the employee accessing or receiving the client’s HIV-related information has a reasonable need for that information in order to perform his/her duties in connection with the provision, supervision or administration of agency’s services to the client. In all other circumstances, employees may access and/or disclose HIV-related information only with a client’s consent.

Advanced Directives

SARA Companion home Care Services recognizes that all persons have a fundamental right to make decisions relating to their own medical treatment, including the right to accept or refuse medical care. It is the policy SARA Companion Home Care Services to encourage individuals and their families/caregivers to participate in decisions regarding care and treatment. Valid advance directives, such as living wills, durable powers of attorney, health care proxy’s and MOLST (Medical Orders for Life-Sustaining Treatment) orders will be followed to the extent permitted and required by law.

1. Adult: a person 18 years or older, or a person legally capable of consenting to his/her own medical treatment.
2. Advance Directives: a document in which a person states choices for medical treatment.
3. Attending Physician: the physician who is primarily responsible for the medical care of a patient while receiving home health care services.
4. MOLST (Medical Orders for Life-Sustaining Treatment): a medical order to help physicians and other health care providers discuss and convey a patient’s wishes regarding end-of- life care, including cardiopulmonary resuscitation (CPR), other life-sustaining treatments, as well as comfort care measures such as pain and symptom management.
5. Patient Self Determination Act: a federal statute enacted as part of the 1990 Omnibus Budget Reconciliation Act (OBRA) (PL 101-508) which requires, among other things, that health care facilities provide information regarding the right to formulate advance directives concerning health care decisions.
6. Patient Representative: a person appointed to make decisions for someone else. They may be formally appointed (as in a durable power of attorney or health care proxy for health care) or in the absence of a formal appointment, may be recognized by virtue of a relationship with the patient (such as the patient’s next of kin or close family/caregiver).