Mont. Medicaid Hospice Policy Manual, Policy 301

MEMBER

RIGHTS

The member has the right to be informed of his or her rights,

and the hospice must protect and promote the exercise of

these rights.

NOTICE OF

RIGHTS AND

RESPONSIBILITIES

During the initial assessment visit, in advance of furnishing

care, the hospice must provide the member or

representative with verbal and written notice of the member's

rights and responsibilities in a language and manner that the

member understands.

1. The hospice must comply with the

requirements regarding advance directives.

2. The hospice must inform and distribute written

information to the member concerning its

policies on advance directives, including a

description of applicable State law.

3. The hospice must obtain the member's or

representative's signature confirming that he or

she has received a copy of the notice of rights

and responsibilities.

EXERCISE OF RIGHTS

AND RESPECT FOR

PROPERTY

AND PERSON

The member has the right to:

1. Exercise his or her rights as a member of the

hospice;

2. Have his or her property and person treated

with respect;

3. Voice grievances regarding treatment or care

that is (or fails to be) furnished and the lack of

respect for property by anyone who is

furnishing services on behalf of the hospice;

and

4. Not be subjected to discrimination or reprisal

for exercising his or her rights.

If a member has been ruled incompetent under State law by

a court of proper jurisdiction, the rights of the member are

exercised by the person appointed pursuant to State law to

act on the member's behalf.

If a State court has not ruled a member incompetent, any

legal representative, designated by the member in

accordance with State law, may exercise the member's

rights to the extent allowed by State law. The hospice must:

1. Ensure that all alleged violations involving

mistreatment, neglect, or verbal, mental,

sexual, and physical abuse, including injuries

of unknown source, and misappropriation of

member property by anyone furnishing

services on behalf of the hospice, are reported

immediately by hospice employees and

contracted staff to the hospice administrator;

2. Immediately investigate all alleged violations

involving anyone furnishing services on behalf

of the hospice and immediately take action to

prevent further potential violations while the

alleged violation is being verified.

Investigations and/or documentation of all

alleged violations must be conducted in

accordance with established procedures;

3. Take appropriate corrective action in

accordance with state law if the alleged

violation is verified by the hospice

administration or an outside body having

jurisdiction, such as the State survey agency or

local law enforcement agency; and

4. Ensure that verified violations are reported to

State and local bodies having jurisdiction

(including to the State survey and certification

agency) within five working days of becoming

aware of the violation.

RIGHTS OF

THE MEMBER

The member has a right to the following:

1. Receive effective pain management and

symptom control from the hospice for

conditions related to the terminal illness;

2. Be involved in developing his or her hospice

plan of care;

3. Refuse care or treatment;

4. Choose his or her attending physician;

5. Have a confidential clinical record;

NOTE: Access to or release of member

information and clinical records is

permitted.

6. Be free from mistreatment, neglect, or verbal,

mental, sexual, and physical abuse, including

injuries of unknown source, and

misappropriation of member property;

7. Receive information about the services

covered under the hospice benefit; and

8. Receive information about the scope of

services that the hospice will provide and

specific limitations on those services.