Home Health & Hospice Week

You have 2 visits to get an interpreter involved after furnishing a written notice in the patient’s language.

The new Conditions of Participation that take effect in January have a seriously beefed up patient rights mandate, and it includes duties relating to patients’ languages. Read on to see what the CoP has to say about the language requirements surveyors will be judging you on.

§ 484.50 Condition of participation: Patient rights. 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.

(a) Standard: Notice of rights. 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; …

(3) Provide verbal notice of the patient’s rights and responsibilities in the individual’s primary or preferred language and in a manner the individual understands, free of charge, with the use of a competent interpreter if necessary, no later than the completion of the second visit from a skilled professional as described in § 484.75. …

(c) Standard: Rights of the patient. The patient has the right to — …

(12) Be informed of the right to access auxiliary aids and language services as described in paragraph

(f) of this section, and how to access these services.  …

(f) Standard: Accessibility. Information must be provided to patients in plain language and in a manner that is accessible and timely to —

(1) Persons with disabilities, including accessible Web sites and the provision of auxiliary aids and services at no cost to the individual in accordance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

(2) Persons with limited English proficiency through the provision of language services at no cost to the individual, including oral interpretation and written translations.