DHS Chapter 105.17 (1w)(b)
(b) Information to provide to the client. The provider shall provide, in writing, prior to or at the time of accepting an applicant as a client, each client or the client’s legal representative all of the following:
1. The provider’s rules and the client’s responsibilities under the provider’s rules.
2. The procedures indicating the complaint or grievance process which shall include a statement on how the client can make a complaint to the department.
3. A statement of client’s rights which shall include all of the following:
DHS 105.17(1w)(b)3.a. a. To be fully informed of these rights and of all of the provider’s rules governing client responsibilities.
b. To be fully informed of services available from the provider.
c. To be informed of all changes in services and charges as they occur.
Note: For clients who are Medicaid recipients, personal care services are not subject to recipient cost sharing, per s. 49.45 (18) (b) 11., Stats., and the provider is prohibited from charging the recipient for services in addition to or in lieu of obtaining Medicaid payment, per s. 49.49 (3m), Stats.
To participate in the planning of services, including referral to a health care institution or other provider and to refuse to participate in experimental research.
dm. To have access to information about the client’s health condition to the extent required by law.
Note: Section 146.83, Stats., and federal HIPAA regulations [45 CFR s. 164.524] generally require health care providers to make health care records available for inspection by the patient.
To refuse service and to be informed of the consequences of that refusal.
f. To confidential treatment of personal and medical records and to approve or refuse their release to any individual outside the provider, except in the case of transfer to another provider or to a health facility, or as otherwise permitted by law.
g. To be treated with consideration, respect and full recognition of dignity and individuality, including privacy in treatment and in care for personal needs.
h. To be taught the service required so that the client can, to the extent possible, help himself or herself.
i. To have a person designated by the client taught the service required, so that, to the extent possible, the person designated can understand and help the client.
j. To have one’s property treated with respect.
k. To complain about the care that was provided or not provided, and to seek resolution of the complaint without fear of recrimination.
L. To have the client’s legal representative exercise the client’s rights when the legal representative is legally authorized to do so.
If a client or client representative (anyone representing the clients interests) has a concern with the client’s care and treatment, believes that the clients’ rights have been violated, and/or that the Personal Care Agency has not resolved these concerns, a complaint may be filed using any of the following methods.
Writing to: Department of Health Services
Division of Quality Assurance / Bureau of Health Services
ATTN: PCA Complaint Coordinator P.O. BOX 2969 Madison, WI 53701-2969
Calling: Toll-free Wisconsin Home Health / Hospice Hotline 1-800-642-6552
Online: Completing online complaint form at http://dhs.wisconsin.gov/bqaconsumer/HealthCareComplaints.htm
The toll-free hotline operates a voice messaging system 24 hours a day. Calls received during the evenings, on weekends, on holidays are returned the next day.
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