Policy Manual sample
MDT Home Health Care Agency, Inc. First, it is important to be sure that our staff/contractors understand what abandonment is so that risks associated with Home Care Services can be appropriately addressed. Both staff and contractors may, for example, be operating under the misconception that whenever patients go without services, there is almost automatic liability for abandonment. On the contrary, patients must show that all of the following requirements are met in order to prove liability for abandonment: • Agency unilaterally terminated the agency-patient relationship; • Without reasonable notice; and • When further attention is needed. Temporary disruptions of services may occur in the event of natural disasters, for example: Hurricane, Earthquake, Floods, etc, Injuries or damage to patients as a result of inability to provide services may support patients' claims that further attention was needed. As with negligence, patients must show either physical injury or damage or extreme and outrageous conduct on the part of providers. There are, however, practical strategies that agencies can use to manage risks of liability for abandonment in the event of equipment malfunctions and/or failure. These strategies include the following: Our staff must evaluate on admission whether patients can care for themselves in the event of temporary disruption of services. If patients have the capability to care for themselves, the admission nurse must discuss in detail the steps that patients should take when the disruption of services occur. For example, if patients' Blood Sugar level are being monitored regularly via Glucometer, patients should be taught alternative ways to monitor them (Family member help, neighbor, etc). They should also be taught how to report results to agency personnel and what constitutes abnormal results. Appropriate actions to take in the event of abnormal results must also be discussed in detail with patients. These discussions must be documented. Successful return demonstrations should also be documented when appropriate. When patients cannot care for themselves in the event of problems with any services, our staff should be certain that there is at least one primary caregiver, either paid or voluntary, who can assist patients. Primary caregivers should receive appropriate training about what to do under these circumstances. Training should be documented as described above. Agency staff members should continuously monitor the ability of patients to participate in their care. Patients' and/or primary caregivers' ability to do so may change over time. Patients who were active, appropriate participants upon admission may lose the ability to benefit from home health services as their conditions progress or deteriorate. When patients' ability to benefit has been compromised, agency personnel must take action to help ensure alternate sources or means of care. Agencies may also wish to confirm the obligations of patients/primary caregivers in the Home Health Agency Nursing Manual J-71
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