THE PARTICIPANT’S BILL OF RIGHTS
When you join PACE Greater New Orleans program, you have certain rights and protections. PACE Greater New Orleans must fully explain your rights to you or someone acting on your behalf in a way you can understand at the time you join.
You have the right to be treated with dignity and respect at all times, to have all of your care kept private, and to get compassionate, and considerate care. You also have the right to:
- Get all of your health care in a safe, clean environment.
- Be free from abuse. This includes physical or mental abuse, neglect, physical punishment, being placed by yourself against your will, and any physical or chemical restraint that is used on you for discipline or convenience of staff and that you do not need to treat your medical symptoms.
- Be encouraged to use your rights in the PACE Greater New Orleans program.
- Get help, if you need it, to use the Medicare and Medicaid grievance and appeal processes, and your civil and other legal rights.
- Be encouraged and helped in talking to PACE Greater New Orleans staff about changes that should be made to policy and services.
- Use a telephone while at the PACE Center for private conversations in the local calling area.
- Not have to do work or perform services for the PACE Greater New Orleans program.
You have the right to protection against discrimination. Discrimination is against the law. Every company or agency working with Medicare and Medicaid must obey this law. Agencies cannot discriminate against you because of your: ethnic origin, sex, mental or physical ability, sexual orientation, or source of payment for your health care.
You have the right to get accurate, easy-to-understand information and to have someone help you make informed health care decisions. Specifically, you have the right to:
- Have someone help you if you have a language or communication barrier so you can understand all information given to you.
- Have PACE interpret the information into your preferred language, if your first language is not English and you can’t speak English well enough to understand the information being given to you.
- Get marketing materials and Participant rights in English and in any other frequently used language in your community. You can also get these materials in Braille, if necessary.
- Get a written copy of your rights from PACE Greater New Orleans. These rights must also be posted in a public place in the PACE Center where it is easy to see them.
- Be fully informed, in writing, of the services offered by PACE Greater New Orleans. This includes telling you which services are provided by contractors instead of PACE Greater New Orleans’ staff. You must be given this information before you join, at the time you join, and when there is a change in services.
- Look at the results of the most recent review of PACE Greater New Orleans by Federal and State agencies. You also have a right to review how PACE Greater New Orleans plans to correct any problems that are found at inspection.
You have the right to choose a health care provider within PACE Greater New Orleans’ network and to get quality health care. Women have the right to get services from a qualified women’s health care specialist for routine or preventive women’s health care services.
You have the right to get emergency services when and where you need them without PACE Greater New Orleans’ approval. A medical emergency is when you think your health is in serious danger. You can get emergency care anywhere in the United States.
You have the right to fully participate in all decisions related to your health care. If you cannot fully participate in your treatment decisions or you want to have someone you trust help you, you have the right to choose a person to act on your behalf. Specifically, you have the right to:
- Have all treatment options explained to you in a language you understand, to be fully informed of your health status and how well you are doing, and to make health care decisions. This includes the right not to get treatment or take medications. If you choose not to get treatment, you must be told how this will affect your health.
- Have the PACE program help you create an advance directive. An advance directive is a written document explaining how you want medical decisions to be made in case you cannot speak for yourself. You should give it to the person who will carry out your instructions and make health care decisions for you.
- Participate in making and carrying out your plan of care. You can ask for your plan of care to be reviewed at any time.
- Be given advance notice, in writing, of any plan to move you to another treatment setting and the reason you are being moved.
You have the right to talk with health care providers in private and to have your personal health care information kept private as protected under State and Federal laws. You also have the right to look at and receive copies of your medical records.
You have the right to complain about the services you receive, or the services you need and don’t receive, the quality of your care, or any other concerns or problems you have with PACE
You have the right to a fair and timely process for resolving concerns with your PACE program. Specifically, you have the right to:
- A full explanation of the grievance process.
- Be encouraged and helped to freely explain your complaints to PACE staff and outside representatives of your choice. You must not be harmed in any way for telling someone your concerns. This includes being punished, threatened, or discriminated against.
- Appeal any treatment decision by PACE staff, or contractors.
You have the right to leave the program at any time, if, for any reason, you do not feel PACE is what you want. PACE will assist you as needed in contacting the local Medicaid office before you leave the program to see if your Medicaid benefits will change.
You have the right to report any violations of your rights. If you think you have been discriminated against, you may report this by:
- Telling any staff member at PACE
- Calling the following outside agencies:
- 1-800-MEDICARE or 1-800-633-4227.
- Office for Civil Rights at 1-866-627-7748.
- Office of Aging and Adult Services at (866) 758-5035 and request the PACE Project Manager