CMS SOM App. B, Tag G412

The HHA must—(1) Provide the patient and

the patient's legal representative (if any), the following information during the initial

evaluation visit, in advance of furnishing care to the patient:]

(i) Written notice of the patient’s rights and responsibilities under this rule, and the

HHA’s transfer and discharge policies as set forth in paragraph (d) of this section.

Written notice must be understandable to persons who have limited English

proficiency and accessible to individuals with disabilities;

Interpretive Guidelines §484.50(a)(1)(i)

We expect HHA patients to be able to confirm, upon interview, that their rights and

responsibilities, as well as the transfer and discharge policies of the HHA, were

understandable and accessible.

To ensure patients receive appropriate notification:

• Written notice to the patient or their representative of their rights and

responsibilities under this rule should be provided via hard copy unless the patient

requests that the document be provided electronically.

• If a patient or his/her representative’s understanding of English is inadequate for

the patient’s comprehension of his/her rights and responsibilities, the information

must be provided in a language or format familiar to the patient or his/her

representative.

• Language assistance should be provided using competent bilingual staff, staff

interpreters, contracts or formal arrangements with local organizations providing

interpretation, translation services, or technology and telephonic interpretation

services.

• All agency staff should be trained to identify patients with any language barriers

which may prevent effective communication of the rights and responsibilities.

Staff that have on-going contact with patients who have language barriers, should

be trained in effective communication techniques, including the effective use of

an interpreter.

See §484.50(f) for discussion on communication of rights and responsibilities with

patients who have disabilities that may hinder communication with the HHA.