Home care consumers have listed rights to confidentiality, records access, disclosure, service planning, cost information, notice of changes, refusal, dignified care, and grievance/retaliation protection. Providers must give the rights in an accessible format.
In addition to any other rights recognized under state or federal law, a home care consumer has the following rights: (1) The right to confidentiality of all personal, financial, and medical information which is disclosed to a provider of home care services. A home care consumer also has the right of access to his or her own records and all written information from those records; (2) The right to receive disclosure from the provider of home care services in writing and in plain language (a) whether the provider of home care services is an employer, a joint employer, an employee leasing company, or a contractor, as applicable, and (b) that the home care consumer (i) may be considered an employer under law and, if the home care consumer is so considered, may be held responsible for the payment of federal and state taxes, including, but not limited to, federal and state income taxes, taxes under the Federal Insurance Contributions Act for purposes of social security and medicare, contributions under the Federal Unemployment Tax Act and the Employment Security Law, payment of overtime pay and minimum wage, workers’ compensation insurance, and any other applicable payments required under state or federal law and (ii) should consult a tax professional if the home care consumer is uncertain about his or her responsibility for such payments; (3) The right to be informed of the home care consumer’s rights under the Home Care Consumer Bill of Rights Act by a provider of home care services prior to receiving home care services. The provider of home care services shall provide a copy of the rights guaranteed by the Home Care Consumer Bill of Rights Act in the format accessible to the consumer which may include paper, electronic, audio, large print, or braille; (4) The right to be informed of the contact information for the entities the home care consumer may contact if the home care consumer’s rights are violated, including the Consumer Protection Division of the Office of the Attorney General, in order to have grievances addressed in an appropriate and timely manner and without retaliation; (5) The right to participate in the planning of his or her home care services, including, but not limited to, the right to make choices about aspects of the home care services that are important to him or her, choosing providers and schedules to the extent practicable, receiving reasonable accommodation of his or her needs and preferences, and involving anyone he or she chooses to participate with him or her in that planning; (6) The right to receive sufficient information to make informed decisions, to be fully informed in advance about any proposed changes in home care services, and to be involved in the decisionmaking process regarding those changes; (7) The right to refuse home care services; (8) The right to be informed of the cost of home care services prior to receiving those services, whether the cost of home care services is covered under health insurance, long-term care insurance, or other private or public programs, and any charges the home care consumer will be expected to pay for such home care services. A home care consumer has the right to thirty days' advance notice of any changes to such costs or services; (9) The right to receive care and services provided in a way that promotes his or her dignity and individuality; and (10) The right to (a) express grievances about the quality of the home care services, the number of hours of home care services, and any violations of the home care consumer’s rights under the Home Care Consumer Bill of Rights Act and (b) assert the rights under the act without retaliation. History: Laws 2016, LB698, § 4.