Page:United States Statutes at Large Volume 101 Part 2.djvu/861

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-67

tion 1876(f)(3) of the Social Security Act effective with respect to individuals enrolling with the organization after the date the Secretary notifies the organization of such noncompliance.".

Subpart B—Home Health Quality SEC. 4021. CONDITIONS AGENCIES.

OF

PARTICIPATION

FOR

HOME

HEALTH

(a) DEFINITION OF HOME HEALTH AGENCY.—Section 1861(o)(6) of the Social Security Act (42 U.S.C. 1395x(o)(6)) is amended by inserting "the conditions of participation specified in section 1891(a) and" after "meets". (b) CONDITIONS OF PARTICIPATION.—Title XVIII of such Act is amended by adding at the end the following new section: "CONDITIONS OF PARTICIPATION FOR HOME HEALTH AGENCIES; HOME HEALTH QUAUTY

"SEC. 1891. (a) The conditions of participation that a home health 42 USC I395bbb. agency is required to meet under this subsection are as follows: "(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: "(A) The right to be fully informed in advance about the care and treatment to be provided by the sigency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual's well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. "(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without '-•"' discrimination or reprisal for voicing grievances. "(C) The right to confidentiality of the clinical records described in section 1861(o)(3). "(D) The right to have one's property treated with respect. "(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— "(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this title, "(ii) the coverage available for such items and services under this title, title XIX, and any other Federal program of which the agency is reasonably aware, "(iii) any charges for items and services not covered under this title and any charges the individual may have to pay with respect to items and services fur; nished by (or under arrangements with) the agency, and "(iv) any changes in the charges or items and services described in clause (i), (ii), or (iii). "(F) The right to be fully informed in writing (in advance of coming under the care of the agency) of the individual's rights and obligations under this title.

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