{"ref":"PA-HC-CR-03","title":"Consumer Control, Choice, and the Consumer’s Representative","category":"Client rights","summary":"Puts the consumer in control of their own home care services, as 28 Pa. Code Chapter 611 requires: the consumer, or the consumer’s representative, directs which services are given and how; staff respect choices, including the choice to refuse a task; the Agency checks who may act as the consumer’s representative and what they may decide; and no employee ever acts as a consumer’s power of attorney or guardian.","inShort":["The consumer is in charge. Ask how they want each task done and follow their direction within the service plan.","A consumer may refuse a task. Do not insist. Offer it again later, record the refusal, and call your supervisor if it could cause harm.","Check Form PA-HC-CR-03-A to see who may make decisions or receive information for the consumer.","Speak to the consumer, not about them, even when family is present.","Never act as a consumer’s power of attorney, guardian, or health care agent, even if asked."],"primaryCitation":"28 Pa. Code §611.5","citations":["28 Pa. Code §611.5","28 Pa. Code §611.55(b)(2)","28 Pa. Code §611.57(a)(1)","28 Pa. Code §611.57(b)","35 P.S. §448.806b(a)","35 P.S. §10225.103","20 Pa.C.S. Chapter 54","55 Pa. Code §52.25(c)","55 Pa. Code §52.25(d)"],"federalCitations":[],"surveyorAsks":["What does consumer control mean in your agency? Ask a direct care worker to explain it.","What does a worker do when a consumer refuses a bath or a task in the plan?"],"forms":[{"ref":"PA-HC-CR-03-A","title":"Designation of Consumer Representative"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (28 Pa. Code §611.5)","5. Consumer Control in Everyday Practice","6. Choices the Consumer Makes","7. When a Consumer Refuses a Task or a Visit","8. The Consumer’s Representative","8.1 Who may act for the consumer","8.2 What a representative may and may not do","8.3 When the consumer and the representative disagree","8.4 When the consumer may not be able to decide","9. Staff Never Act as a Representative","10. Waiver Participants","11. Responsibilities","12. Records and Compliance Monitoring","13. Staff Training","14. References","15. Related Policies and Forms","16. Approval","17. Revision History"],"version":"1.0","sample":false,"pack":"pa-hca","state":"Pennsylvania","service":"Home care","guides":[{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}