Section 7.12.320. Advance health care directives; client rights.

	(a)  Before initiation of care or services, a hospice agency shall provide each client who is 18 years of age or older, or the client's legal representative, with forms and information regarding  
		(1) the client's right to make health care decisions, including the right to accept or refuse medical or surgical treatment, and the right to execute an advance health care directive and durable health care power of attorney;  
		(2) agency policies for implementing the client's right to make health care decisions;  
		(3) living wills and do-not-resuscitate orders; and  
		(4) persons who can provide additional information concerning advance health care directives and durable health care powers of attorney.  
	(b)  The governing body of the hospice agency shall protect and promote the rights of each hospice client, by assuring that  
		(1) before services are provided, the client and the client's family are informed orally and in writing, in a language the client and the client's family understand, of the respective rights and obligations of the agency and the client; the agency shall document receipt of the notification of these rights and obligations by the client and the client's family;  
		(2) each client receiving hospice services has the right to  
			(A) courteous and respectful treatment of person and property;  
			(B) be free from physical and mental abuse, neglect, or mistreatment;  
			(C) care or services from employees or contractors properly trained to perform assigned tasks;  
			(D) proper identification by name and title of each employee, contractor, or volunteer who provides hospice care to that client;  
			(E) the following information in advance of care or services:  
				(i) the care and services to be provided;  
				(ii) any changes in the care or services to be provided;  
				(iii) the frequency of proposed visits for care or services;  
				(iv) the agency's expectation of the client's responsibilities to participate in the client's own care or services;  
				(v) the name of the person supervising the care or services, and how to contact the agency;  
			(F) confidentiality with regard to information about the client's health, social life, and activities in the client's home;  
			(G) have the client's medical history released only as required by law or as authorized by the client or the client's legal representative;  
			(H) access information in the client's medical record within two working days after submitting a written request to the agency;  
			(I) be informed, orally and in writing, before a service is initiated, of the expected source of payment for the care or services provided by the agency, its employees, or its contractors; the requirements of this subparagraph do not apply to a volunteer hospice agency;  
			(J) submit a grievance to the agency about the service or lack of service provided by the agency, its employees, its contractors, or its volunteers; the agency shall  
				(i) investigate and respond to the client or person who submitted the grievance; and  
				(ii) provide information to the client or person who submitted the grievance about how to contact the department to file a complaint;  
			(K) be informed of the reason for impending discharge, transfer to another agency or facility, change in the level of care, ongoing care requirements, and other available services and options, if needed; and  
			(L) participate in developing the client's plan of care and changes in care or treatment.  

Authorities

47.32.010;47.32.030

Notes

Reference

7 AAC 12.310
7 AAC 12.339

Authority

AS 47.32.010 AS 47.32.030

History

Eff. 5/24/2007, Register 182