AMENDED IN SENIOR ASSEMBLY OCTOBER 20, 2008

SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 8

INTRODUCED BY SENIOR ASSEMBLY MEMBER SOWMA

LEGISLATIVE COUNSEL'S DIGEST

AFP 8: MEDICARE: HOME HEALTH AGENCIES: PATIENT RIGHTS.

UNDER EXISTING FEDERAL LAW, THE MEDICARE PROGRAM, A BENEFICIARY RECEIVING HOME HEALTH SERVICES PROVIDED BY A HOME HEALTH AGENCY (HHA) HAS THE RIGHT TO BE INFORMED OF HIS OR HER RIGHTS AND THE HHA IS REQUIRED TO PROTECT AND PROMOTE THE EXERCISE OF THESE RIGHTS.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD ESTABLISH DETAILED PROCEDURES TO ENSURE THAT A MEDICARE BENEFICIARY RECEIVING HOME HEALTH SERVICES PROVIDED BY AN HHA IS INFORMED OF HIS OR HER RIGHTS AND THAT THE HHA PROTECTS
AND PROMOTES THE EXERCISE OF THESE RIGHTS.

VOTE: MAJORITY.

AFP 8: RELATING TO MEDICARE

WHEREAS, A MEDICARE BENEFICIARY RECEIVING HOME HEALTH SERVICES PROVIDED BY A HOME HEALTH AGENCY (HHA) HAS THE RIGHT TO BE INFORMED OF HIS OR HER RIGHTS, AND THE HHA IS REQUIRED TO PROTECT AND PROMOTE THE EXERCISE OF THESE RIGHTS AS REQUIRED BY SECTION 484.10 OF TITLE 42 OF THE CODE OF FEDERAL REGULATIONS; AND

WHEREAS, FEDERAL STANDARDS GOVERN THE NOTICE OF RIGHTS, THE EXERCISE OF RIGHTS AND RESPECT FOR PROPERTY AND PERSON, THE CONFIDENTIALITY OF MEDICAL RECORDS, PATIENT LIABILITY FOR PAYMENT, AND NOTICE REGARDING THE AVAILABILITY AND PURPOSE OF A TOLL-FREE HHA HOTLINE IN THE STATE; AND

WHEREAS, THE UNIT OF PAYMENT FOR AN HHA IS A NATIONAL 60‑DAY EPISODE RATE WITH APPLICABLE ADJUSTMENTS. A PATIENT HAS THE RIGHT TO TRANSFER FROM ONE HHA TO ANOTHER WITHIN A 60-DAY EPISODE AND MAY ALSO BE DISCHARGED WITHIN A GIVEN 60-DAY EPISODE FOR REASONS THAT INCLUDE AN INTERVENING HOSPITAL OR SKILLED NURSING FACILITY ADMISSION, A HOSPICE ELECTION, THE PATIENT’S DEATH, THE LOSS OF ELIGIBILITY, OR THE REFUSAL OF SERVICES; AND

WHEREAS, WHEN AN HHA ACCEPTS A PATIENT FOR TREATMENT OR CARE, THE AGENCY IS REQUIRED TO ADVISE THE PATIENT IN WRITING OF THE TELEPHONE NUMBER OF THE HOME HEALTH HOTLINE ESTABLISHED BY THE STATE, THE HOURS OF ITS OPERATION, AND THAT THE PURPOSE OF THE HOTLINE IS TO RECEIVE COMPLAINTS OR QUESTIONS ABOUT LOCAL HHAS, NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT A DETAILED PROCEDURES BE ESTABLISHED TO ENSURE THAT A MEDICARE BENEFICIARY RECEIVING HOME HEALTH SERVICES PROVIDED BY AN HHA IS INFORMED OF HIS OR HER RIGHTS AND THAT THE HHA PROTECTS AND PROMOTES THE EXERCISE OF THESE RIGHTS; AND BE IT FURTHER

RESOLVED THAT THE HHA SPECIFICALLY PROMOTE THE RIGHT OF PATIENTS TO CHANGE THEIR CARE AS NEW CONDITIONS WARRANT AND TRANSFER THEIR CARE FRO ONE HHA TO ANOTHER; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

RN 08 21884

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