California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 3 - Skilled Nursing Facilities › Article 5 - Administration › Section 72527 - Patients' Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Patients have the rights enumerated in this section and the facility shall
				  ensure that these rights are not violated. The facility shall establish and
				  implement written policies and procedures which include these rights and shall
				  make a copy of these policies available to the patient and to any
				  representative of the patient. The policies shall be accessible to the public
				  upon request. Patients shall have the right:
(1) To be fully informed, as evidenced by the
				  patient's written acknowledgement prior to or at the time of admission and
				  during stay, of these rights and of all rules and regulations governing patient
				  conduct.
(2) To be fully informed,
				  prior to or at the time of admission and during stay, of services available in
				  the facility and of related charges, including any charges for services not
				  covered by the facility's basic per diem rate or not covered under Titles XVIII
				  or XIX of the Social Security Act.
(3) To be fully informed by a physician of
				  his or her total health status and to be afforded the opportunity to
				  participate on an immediate and ongoing basis in the total plan of care
				  including the identification of medical, nursing and psychosocial needs and the
				  planning of related services.
(4)
				  To consent to or to refuse any treatment or procedure or participation in
				  experimental research.
(5) To
				  receive all information that is material to an individual patient's decision
				  concerning whether to accept or refuse any proposed treatment or procedure. The
				  disclosure of material information for administration of psychotherapeutic
				  drugs or physical restraints or the prolonged use of a device that may lead to
				  the inability to regain use of a normal bodily function shall include the
				  disclosure of information listed in Section
				  72528(b).
(6) To be transferred or discharged only for
				  medical reasons, or the patient's welfare or that of other patients or for
				  nonpayment for his or her stay and to be given reasonable advance notice to
				  ensure orderly transfer or discharge. Such actions shall be documented in the
				  patient's health record.
(7) To be
				  encouraged and assisted throughout the period of stay to exercise rights as a
				  patient and as a citizen, and to this end to voice grievances and recommend
				  changes in policies and services to facility staff and/or outside
				  representatives of the patient's choice, free from restraint, interference,
				  coercion, discrimination or reprisal.
(8) To be free from discrimination based on
				  sex, race, color, religion, ancestry, national origin, sexual orientation,
				  disability, medical condition, marital status, or registered domestic partner
				  status.
(9) To manage personal
				  financial affairs, or to be given at least a quarterly accounting of financial
				  transactions made on the patient's behalf should the facility accept written
				  delegation of this responsibility subject to the provisions of Section
				  72529.
(10) To be free from mental and physical
				  abuse.
(11) To be assured
				  confidential treatment of financial and health records and to approve or refuse
				  their release, except as authorized by law.
(12) To be treated with consideration,
				  respect and full recognition of dignity and individuality, including privacy in
				  treatment and in care of personal needs.
(13) Not to be required to perform services
				  for the facility that are not included for therapeutic purposes in the
				  patient's plan of care.
(14) To
				  associate and communicate privately with persons of the patient's choice, and
				  to send and receive personal mail unopened.
(15) To meet with others and participate in
				  activities of social, religious and community groups.
(16) To retain and use personal clothing and
				  possessions as space permits, unless to do so would infringe upon the health,
				  safety or rights of the patient or other patients.
(17) If married or registered as a domestic
				  partner, to be assured privacy for visits by the patient's spouse or registered
				  domestic partner and if both are patients in the facility, to be permitted to
				  share a room.
(18) To have daily
				  visiting hours established.
(19) To
				  have visits from members of the clergy at any time at the request of the
				  patient or the patient's representative.
(20) To have visits from persons of the
				  patient's choosing at any time if the patient is critically ill, unless
				  medically contraindicated.
(21) To
				  be allowed privacy for visits with family, friends, clergy, social workers or
				  for professional or business purposes.
(22) To have reasonable access to telephones
				  and to make and receive confidential calls.
(23) To be free from any requirement to
				  purchase drugs or rent or purchase medical supplies or equipment from any
				  particular source in accordance with the provisions of Section
				  1320
				  of the Health and Safety Code.
(24)
				  To be free from psychotherapeutic drugs and physical restraints used for the
				  purpose of patient discipline or staff convenience and to be free from
				  psychotherapeutic drugs used as a chemical restraint as defined in Section
				  72018, except in an emergency
				  which threatens to bring immediate injury to the patient or others. If a
				  chemical restraint is administered during an emergency, such medication shall
				  be only that which is required to treat the emergency condition and shall be
				  provided in ways that are least restrictive of the personal liberty of the
				  patient and used only for a specified and limited period of time.
(25) Other rights as specified in Health and
				  Safety Code, Section
				  1599.1.
(26) Other rights as specified in Welfare and
				  Institutions Code, Sections
				  5325
				  and
				  5325.1,
				  for persons admitted for psychiatric evaluations or treatment.
(27) Other rights as specified in Welfare and
				  Institutions Code Sections
				  4502,
				  4503
				  and
				  4505
				  for patients who are developmentally disabled as defined in Section
				  4512
				  of the Welfare and Institutions Code.