California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 4 - Administration › Section 73523 - 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 acknowledgment 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 facilities' basic per diem rate or not covered under Title 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
				  73524(c).
(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 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 his or her written delegation
				  of this responsibility subject to the provisions of Section
				  73557.
(9) To be free from mental and physical
				  abuse.
(10) To be assured
				  confidential treatment of financial and health records and to approve or refuse
				  their release, except as authorized by law.
(11) To be treated with consideration,
				  respect and full recognition of dignity and individuality, including privacy in
				  treatment and in care for personal needs.
(12) 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.
(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 his or her
				  personal mail unopened.
(15) To
				  meet with and participate in activities of social, religious and community
				  groups at the patient's discretion.
(16) To retain and use his or her 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 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 both 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 and/or 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
				  73012, 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.