HF 1940

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 12:55pm

A bill for an act
relating to health; modifying the hospice bill of rights; amending Minnesota Statutes
2016, section 144A.751, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 144A.751, subdivision 1, is amended to read:

Subdivision 1.

Statement of rights.

An individual who receives hospice care has the
right to:

(1) receive written information about rights in advance of receiving hospice care or
during the initial evaluation visit before the initiation of hospice care, including what to do
if rights are violated;

(2) receive care and services according to a suitable hospice plan of care and subject to
accepted hospice care standards and to take an active part in creating and changing the plan
and evaluating care and services;

(3) be told in advance of receiving care about the services that will be provided, the
disciplines that will furnish care, the frequency of visits proposed to be furnished, other
choices that are available, and the consequence of these choices, including the consequences
of refusing these services;

(4) be told in advance, whenever possible, of any change in the hospice plan of care and
to take an active part in any change;

(5) refuse services or treatment;

(6) know, in advance, any limits to the services available from a provider, and the
provider's grounds for a termination of services;

(7) know in advance of receiving care whether the hospice services may be covered by
health insurance, medical assistance, Medicare, or other health programs in which the
individual is enrolled;

(8) receive, upon request, a good faith estimate of the reimbursement the provider expects
to receive from the health plan company in which the individual is enrolled. A good faith
estimate must also be made available at the request of an individual who is not enrolled in
a health plan company. This payment information does not constitute a legally binding
estimate of the cost of services;

(9) know that there may be other services available in the community, including other
end of life services and other hospice providers, and know where to go for information
about these services;

(10) choose freely among available providers and change providers after services have
begun, within the limits of health insurance, medical assistance, Medicare, or other health
programs;

(11) have personal, financial, and medical information kept private and be advised of
the provider's policies and procedures regarding disclosure of such information;

(12) be allowed access to records and written information from records according to
sections 144.291 to 144.298;

(13) be served by people who are properly trained and competent to perform their duties;

(14) be treated with courtesy and respect and to have the patient's property treated with
respect;

(15) voice grievances regarding treatment or care that is, or fails to be, furnished or
regarding the lack of courtesy or respect to the patient or the patient's property;

(16) be free from physical and verbal abuse;

(17) reasonable, advance written notice of changes in services or charges, including at
least ten 30 calendar days' advance written notice of the termination of a service by a
provider, except in cases where:

(i) the recipient of services engages in conduct that alters the conditions of employment
between the hospice provider and the individual providing hospice services, or creates an
abusive or unsafe work environment for the individual providing hospice services; or

(ii) an emergency for the informal caregiver or a significant change in the recipient's
condition has resulted in service needs that exceed the current service provider agreement
and that cannot be safely met by the hospice provider; or

(iii) the recipient is no longer certified as terminally ill;

(18) written information with any termination of hospice services about the right to
receive advocacy services from the Office of Ombudsman for Long-Term Care with the
current office contact information, telephone number, and e-mail address. Every notice will
have the following statement:

"You, as a recipient of hospice, have a right to receive advocacy services from the Office
of Ombudsman for Long-Term Care about this termination of hospice services. The Office
of Ombudsman for Long-Term Care provides advocacy services at no charge, can answer
questions, and can assist you through the process of this termination of hospice services.
To initiate these advocacy services, please contact the Office of Ombudsman for Long-Term
Care.";

(18) (19) a coordinated transfer when there will be a change in the provider of services;

(19) (20) know how to contact an individual associated with the provider who is
responsible for handling problems and to have the provider investigate and attempt to resolve
the grievance or complaint;

(20) (21) know the name and address of the state or county agency to contact for
additional information or assistance;

(21) (22) assert these rights personally, or have them asserted by the hospice patient's
family when the patient has been judged incompetent, without retaliation; and

(22) (23) have pain and symptoms managed to the patient's desired level of comfort.