New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 751 - Organization And Administration › Section 751.9 - Patients' rights

Current through Register Vol. 46, No. 28, July 10, 2024
Policies and procedures shall be developed and
						implemented regarding the patients' rights. The operator shall have in effect a
						written statement of patients' rights which is prominently posted in patient
						care areas and a copy of which is given to the patient. Such statement shall
						include the patients' rights to:
(a)
					 receive service(s) without regard to age, race, color, sexual orientation,
					 religion, marital status, sex, gender identity, national origin or
					 sponsor;
(b) be treated with
					 consideration, respect and dignity including privacy in treatment;
(c) be informed of the services available at
					 the center;
(d) be informed of the
					 provisions for off-hour emergency coverage;
(e) be informed of the charges for services,
					 eligibility for third-party reimbursements and, when applicable, the
					 availability of free or reduced cost care;
(f) receive an itemized copy of his/her
					 account statement, upon request;
(g) obtain from his/her health care
					 practitioner, or the health care practitioner's delegate, complete and current
					 information concerning his/her diagnosis, treatment and prognosis in terms the
					 patient can be reasonably expected to understand;
(h) receive from his/her physician
					 information necessary to give informed prior to the start of any nonemergency
					 procedure or treatment or both. An informed consent shall include, as a
					 minimum, the provision of information concerning the specific procedure or
					 treatment or both, the reasonably foreseeable risks involved, and alternatives
					 for care or treatment, if any, as a reasonable medical practitioner under
					 similar circumstances would disclose in a manner permitting the patient to make
					 a knowledgeable decision;
(i)
					 refuse treatment to the extent permitted by law and to be fully informed of the
					 medical consequences of his/her action;
(j) refuse to participate in experimental
					 research;
(k) voice grievances and
					 recommend changes in policies and services to the center's staff, the operator
					 and the New York State Department of Health without fear of reprisal;
(l) express complaints about the care and
					 services provided and to have the center investigate such complaints. The
					 center is responsible for providing the patient or his/her designee with a
					 written response within 30 days if requested by the patient indicating the
					 findings of the investigation. The center is also responsible for notifying the
					 patient or his/her designee that if the patient is not satisfied by the center
					 response, the patient may complain to the New York State Department of
					 Health;
(m) privacy and
					 confidentiality of all information and records pertaining to the patient's
					 treatment;
(n) approve or refuse
					 the release or disclosure of the contents of his/her medical record to any
					 health-care practitioner and/or health-care facility except as required by law
					 or third-party payment contract;
(o) access his/her medical record pursuant to
					 the provisions of section
					 18 of the
					 Public Health Law, and Subpart 50-3 of this Title;
(p) authorize those family members and other
					 adults who will be given priority to visit consistent with your ability to
					 receive visitors;
(q) when
					 applicable, make known your wishes in regard to anatomical gifts. Persons
					 sixteen years of age or older may document their consent to donate their
					 organs, eyes and/or tissues, upon their death, by enrolling in the NYS Donate
					 Life Registry or by documenting their authorization for organ and/or tissue
					 donation in writing in a number of ways (such as health care proxy, will, donor
					 card, or other signed paper). The health care proxy is available from the
					 center;
(r) view a list of the
					 health plans and the hospitals that the center participates with; and
(s) receive an estimate of the amount that
					 you will be billed after services are rendered