Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-5-17 - HOSPICES › Section 420-5-17-.04 - Patients' Rights

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Policies and Procedures
regarding the rights and responsibilities
			 of patients shall be written, implemented, and made available to patients, to
			 any guardians, to any sponsor, next-of-kin, sponsoring agency (or agencies),
			 representative payees, and to the public. Patients and sponsors will be
			 informed on patient rights and given the toll-free complaint telephone number
			 for the Alabama Department of Public Health, both verbally and in writing, at
			 the time of admission. This shall be documented in the patient's record. The
			 staff shall be trained and involved in the implementation of these policies and
			 procedures. Posters clearly stating patient rights will be visible in key
			 locations in the hospice. These posters will also include the toll-free
			 complaint telephone number. These patients' rights polices and procedures
			 ensure that, at least, each patient admitted to the hospice:
(a) Has the right to be fully informed, as
			 evidenced by the patient's written acknowledgment prior to or at the time of
			 admission and during stay, of these rights and of all rules and regulations
			 governing patient conduct and responsibilities.
(b) Be fully informed of services available
			 and of related charges including any charges for services not covered by third
			 party payers.
(c) Be fully informed
			 by a physician of his or her medical condition unless medically contraindicated
			 (as documented by a physician in the medical record); and, is afforded the
			 opportunity to participate in the planning of his or her medical treatment and
			 the right to refuse treatment or participation in experimental
			 research.
(d) Is not to be
			 transferred or discharged except when transfer or discharge is necessary for
			 the patient's welfare and the patient's needs can no longer be met or when the
			 patient presents a direct threat to the health or safety of others, for medical
			 reasons, or for his or her welfare or that of other patients, or for nonpayment
			 for his or her stay. The hospice shall discuss discharge plans with the patient
			 or their legal representative, the hospice Medical Director and/or attending
			 physician and the appropriate interdisciplinary team members prior to the
			 discharge. The hospice shall identify post hospice care needs and provide
			 adequate discharge planning. The hospice patient or their legal representative
			 shall be provided written discharge instructions on medication management and
			 procurement, durable medical equipment, availability of community resources and
			 other identified needs at the time of discharge. The required discharge forms
			 must be completed timely. Such actions shall be documented in the medical
			 record.
(e) Is encouraged and
			 assisted throughout the period of stay to exercise rights as a patient and as a
			 citizen, and to this end may voice grievances and recommend changes in policies
			 and services to hospice staff and/or to outside representative of his or her
			 choice without being subjected to restraint, interference, coercion,
			 discrimination, or reprisal.
(f)
			 May manage his or her personal financial affairs. Should a patient delegate
			 responsibility to the hospice for the management of his or her financial
			 affairs, said delegation shall be in writing, and the hospice shall provide the
			 patient with at least a quarterly accounting of financial transactions made on
			 his or her behalf.
(g) Is free from
			 mental and physical abuse; and free from chemical and (except in emergencies)
			 physical restraints, except as authorized in writing by a physician for a
			 specified and limited period of time, or when necessary to protect the patient
			 from injury to self or to others.
(h) Is assured confidential treatment of
			 personal and medical records, and may approve or refuse their release to any
			 individual outside the hospice except in case of transfer to another health
			 care institution or as required by law or third-party payment
			 contract.
(i) Is treated with
			 consideration, respect, and with full recognition of his or her dignity in
			 caring for personal needs.
(j) Is
			 not required to perform services for the hospice that are not included for
			 therapeutic purposes in the plan of care. The following apply to inpatient
			 hospices:
1. May associate and communicate
			 privately with persons of his or her choice, and send and receive personal mail
			 unopened.
2. May meet with and
			 participate in the activities of social, religious, and community groups at his
			 or her discretion.
3. May retain
			 and use personal clothing and possessions as space permits, unless to do so
			 would infringe upon rights of other patients.
(k) If married, is assured privacy for visits
			 by his/her spouse. If both are inpatients in the hospice, they are permitted to
			 share a room.
The following apply to all hospices: