Section 1. Section ____ is added to the Health and Safety Code to read:
(a) The Legislature finds and declares that each disabled person is entitled to treatment in the most integrated setting possible for that person and that the provision of health services within an institution should not be construed as equivalent to that of home health care for those persons for whom home health care is medically appropriate.
(b) It is the intent of the Legislature in enacting these provisions to expressly set forth fundamental human rights to which all patients of home health agencies, as defined in Section 1727, shall be entitled, to ensure that such patients receive the highest level of care in the least restrictive environment consistent with the patient's needs and to prevent the inappropriate termination or reduction of home health services and subsequent unnecessary institutionalization.
Section 2. Section ___ is added to the Health and Safety Code to read:
Written policies regarding the rights of home health patients shall be established and shall be made available to the patient, to any legal representative, next of kin, sponsoring agency or representative payee, and to the public. Those policies and procedures shall ensure that each patient who receives home health services has the following rights and is notified of the following agency obligations, in addtion to those specified by regulation:
(a) The patient shall receive a written notice of patients' rights
(b) The patient shall receive a written notice of termination or reduction of services at least 30 days prior to the action.
(c) The notice shall inform the patient of his or her right to a hearing on the reduction or termination of services.
(d) The home health agency shall continue same level of services until a final determination of the hearing or in the case of termination of services by the home health agency, the agency shall arrange for equivalent home health services within the same setting/community.
(e) At the time of the plan of treatment is developed, the home care provider shall inform the patient of the location and telephone number of the nearest Independent Living Center and shall recommend that the patient request resource information and training in independent living skills appropriate to his/her disability.
(f) A licensee who violates this section shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), revocation of the license or both.
Section 3. Section ___ is added to the Health an Safety Code to read:
Any rights under this chapter of a patient judicially determined to be incompetent, or who is found to be medically incapable of understanding such information, shall devolve to such patient's legal representative, next of kin, sponsoring agency or agent.
Section 4. Amend Section 1733 of the Health and Safety Code to read:
add to last line: and in accordance with the least restrictive environment consistent with the patient's needs.