Participant Rights and Responsibilities

You have the right to be treated with dignity and respect at all times, to have all of your care kept private and confidential, and to get compassionate, considerate care. You have the right:

• To get all of your health care in a safe, clean environment and in an accessible manner.
• To be free from harm. This includes excessive medication, 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.
• To be encouraged and helped to use your rights in the PACE program.
• To get help, if you need it, to use the Medicare and Medicaid complaint and appeal processes, and your civil and other legal rights.
• To be encouraged and helped in talking to PACE staff about changes in policy and services you think should be made.
• To use a telephone while at the PACE Center.
• To not have to do work or services for the PACE program.

Discrimination is against the law. Every company or agency that works with Medicare and Medicaid must obey the law. They cannot discriminate against you because of your:

• Race
• Ethnicity
• National Origin
• Religion
• Age
• Sex
• Mental or physical disability
• Sexual Orientation
• Source of payment for your health care (For example, Medicare or Medicaid)

If you think you have been discriminated against for any of these reasons, contact a staff member at the PACE program to help you resolve your problem.

If you have any questions, you can call the Office for Civil Rights at 1-800- 368-1019.

You have the right to get accurate, easy-to-understand information and to have someone help you make informed health care decisions. 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.
• To have the PACE program interpret the information into your preferred language in a culturally competent manner, if your first language is not English and you can’t speak English well enough to understand the information being given to you.
• To get marketing materials and PACE participant rights in English and in any other frequently used language in your community. You can also get these materials in Braille, if necessary.
• To have the Enrollment Agreement fully explained to you in a manner understood by you.
• To get a written copy of your rights from the PACE program. The PACE program must also post these rights in a public place in the PACE center where it is easy to see them.
• To be fully informed, in writing, of the services offered by the PACE program. This includes telling you which services are provided by contractors instead of the PACE staff. You must be given this information before you join, at the time you join, and when you need to make a choice about what services to receive.
• To be provided with a copy of individuals who provide care-related services not provided directly by Franciscan PACE upon request.
• To look at, or get help to look at, the results of the most recent review of your PACE program. Federal and State agencies review all PACE programs. You also have a right to review how the PACE program plans to correct any problems that are found at inspection.

You have the right to choose a health care provider, including your primary care provider and specialists, from within the PACE program’s 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 have reasonable and timely access to specialists as indicated by your health condition.

You also have the right to receive care across all care settings, up to and including placement in a long-term care facility when the Franciscan PACE can no longer maintain you safely in the community.

You have the right to get emergency services when and where you need them without the PACE program’s approval. A medical emergency is when you think your health is in serious danger— when every second counts. You may have a bad injury, sudden illness or an illness quickly getting much worse. You can get emergency care anywhere in the United States and you do not need to get permission from Franciscan PACE prior to seeking emergency services.

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 that person to act on your behalf. 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.
• To have the PACE program help you create an advance directive if you choose. An advance directive is a written document that says 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.
• To participate in making and carrying out your plan of care. You can ask for your plan of care to be reviewed at any time.
• To 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 a right to have your health information kept private.
• You have the right to talk with health care providers in private and to have your personal health care information kept private and confidential, including health data that is collected and kept electronically, as protected under State and Federal laws.
• You have the right to look at and receive copies of your medical records and request amendments.
• You have the right to be assured that your written consent will be obtained for the release of information to persons not otherwise authorized under law to receive it.
• You have the right to provide written consent that limits the degree of information and the persons to whom information may be given.

There is a patient privacy rule that gives you more access to your own medical records and more control over how your personal health information is used. If you have any questions about this privacy rule, call the Office for Civil Rights at (1800) 368-1019.

You have a right to file a complaint, request additional services or make an appeal. You have a right to complain about the services you receive or that you need and don’t receive, the quality of your care, or any other concerns or problems you have with your PACE program. You have the right to a fair and timely process for resolving concerns with your PACE program. You have the right:

To a full explanation of the complaint process.

To 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.

To contact 1-800-Medicare for information and assistance, including to make a complaint related to the quality of care or the delivery of a service. You have the right to request services from Franciscan PACE that you believe are necessary. You have the right to a comprehensive and timely process for determining whether those services should be provided. You also have the right to appeal any denial of a service or treatment decision by the PACE program, staff, or contractors.

You have a right to leave the program. If, for any reason, you do not feel that the PACE program is what you want, you have the right to leave the program at any time and have such disenrollment be effective the first day of the month following the date Franciscan PACE receives your notice of voluntary disenrollment.

Additional Help: If you have complaints about your PACE program, think your rights have been violated, or want to talk with someone outside your PACE program about your concerns, call 1-800-MEDICARE.