Joy in Service Senior Home Care Agency, LLC Support Your Rights
Do you know about Nebraska’s Home Care Consumer Bill of Rights Act? We want all home care consumers to know their rights before they receive services. If you need this information in another format (audio, large print, electronic, braille) just let us know. We are happy to provide it.
You have the right to receive care and services provided in a way that promotes your dignity and individuality.
You have the right to participate in the planning of your home care services. This includes, but isn’t limited to, making choices about aspects of those services that are important to you; choosing providers and schedules to the extent practicable; receiving reasonable accommodation of your needs and preferences; and involving anyone you choose to participate with you in that planning.
You have the right to receive sufficient information to make informed decisions, to be fully informed in advance about any proposed changes to your home care services, and to be fully involved the decision-making process regarding those changes.
You have the right to confidentiality of all your personal, financial and medical information that you disclose to a provider of home care services. You also have the right to access your own records and all written information from those records.
You have the right to be informed of the cost of home care services prior to receiving them. You have the right to know whether the cost of those services is covered under health insurance, long-term care insurance, or any other program. And you have the right to know about any charges you will be expected to pay services. You have the right to 30 day advance notice of any changes to such costs or services.
You have the right to the assistance of an agent, attorney, an individual designated pursuant to a power of attorney, or an individual otherwise designated in writing by you, to act on your behalf in securing your home care rights.
You have the right to (a) express grievances about the quality of the home care services you receive, the number of hours of home care services, and any violations of your rights under Nebraska’s Home Care Consumer Bill of Rights Act, and (b) assert your rights under the act without retaliation.
You have the right to receive disclosure from any home care services provider, in writing and in plain language (a) whether that provider is an employer, a joint employer, an employee leasing company, or a contractor, as applicable, and (b) that you (i) may be considered an employer under law and, if you are so considered, you may be held responsible for the payment of federal and state taxes, including, but not limited to, federal and state income taxes, taxes under the Federal Insurance Contributions Act for purposes of social security and Medicare, contributions under the Federal Unemployment Tax Act and the Employment Security Law, payment of overtime pay and minimum wage, worker’s compensation insurance, and any other applicable payments required under state or federal law and (ii) should consult a tax professional if you are uncertain about your responsibility for such payments.
You have the right to file a civil action to recover actual damages, attorney’s fees, court costs and any other remedies provided by law, if you have suffered a loss or harm as the result of a violation of the Home Care Consumer Bill of Rights Act.
If you believe your rights as a home care consumer have been violated, you may contact the Consumer Protection Division of the Office of the Attorney General, in order to have your grievance addressed in an appropriate and timely manner and without retaliation, at the Consumer Mediation Center, Attorney General’s Office, 2115 State Capitol, Lincoln, NE 68509, (402)-471-2683, or at https://ago.nebraska.gov/forms/consumer_complaint.