CMS SOM App. B, Tag G406

The patient and representative (if any), have the right to be informed of the patient’s

rights in a language and manner the individual understands. The HHA must protect and

promote the exercise of these rights.

Interpretive Guidelines §484.50

Ensuring that patients (and representative, if any) are aware of their rights and how to

exercise them is vital to quality of care and patient satisfaction. HHAs must inform

patients of their rights and protect and promote the exercise of these rights, e.g., by

informing the patient how to exercise those rights.

The manner and degree of noncompliance identified in relation to the standard level tags

for §484.50 may result in substantial noncompliance with this CoP, requiring citation at

the condition level.

Survey Procedures: §484.50

When there is a team surveying the HHA, survey of the Patient rights Condition should

be coordinated by one surveyor. However, each surveyor, as they conduct their survey

assignments, should assess the HHA’s compliance with the Patient rights regulatory

requirements. It is particularly important for the surveyor who will be conducting home

visits to observe how the HHA’s actions protect and promote those patients’ exercise of

their rights.

• Determine whether the HHA provides patients (or their representatives, if any), with

notice of their rights, consistent with the standards under this condition. Review

documents in the home provided by the HHA to the patient if the patient (or authorized

representative) can provide them.

• Determine whether the HHA promotes the patients’ exercise of their rights (or their

representatives, as applicable), consistent with the standards under this condition.

Interview the patient (or authorized representative) to assess whether they were informed

that they are entitled to certain rights.