Termination of services: Legal pitfalls for home health care providers

Abstract

Home care providers are at risk of legal liability when they terminate services to patients. As payers become more aggressive about controlling the costs of health care services, agencies are more likely to encounter instances in which they must terminate services to patients because they cannot afford to continue care without payment. Violence or threatened violence, noncom pliance by patients or primary caregivers, or inappropriateness for home care may also warrant termination of services. Practitioners are understandably concerned about the possibility of le gal liability associated with the termination of beneficial services. Specifically they frequently express concern about the possibility of liability for abandonment of patients. The purpose of this article is to help providers understand what patients must prove to establish liability for abandonment and thus what practitioners can do to avoid this type of liability. Key words: legal issues, termination of services