New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 763 - Certified Home Health Agencies, Long Term Home Health Care Programs And Aids Home Care Programs Minimum Standards › Section 763.2 - Patients' rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 governing authority shall develop and implement written policies and procedures
					 regarding the rights of the patient. These rights, policies and procedures
					 shall afford each patient the right to:
(1)
					 be informed of these rights, and the right to exercise such rights, in writing
					 prior to the initiation of care, as evidenced by written documentation in the
					 clinical record;
(2) be given a
					 statement of the services available from the agency and related charges;
					 and
(3) be advised before care is
					 initiated of the extent to which payment for agency services may be expected
					 from any third-party payors and the extent to which payment may be required
					 from the patient;
(i) the agency shall advise
					 the patient of any changes in information provided under this paragraph or
					 paragraph (2) of this subdivision as soon as possible, but no later than 30
					 calendar days from the date the agency becomes aware of the change;
(ii) all information required by this
					 paragraph shall be provided to the patient both verbally and in
					 writing;
(4) be informed
					 of all treatments prescribed, when and how services will be provided, and the
					 name and functions of any person and affiliated agency providing care and
					 services;
(5) participate in the
					 planning of his or her care and be advised in advance if any changes to the
					 plan of care are warranted;
(6)
					 refuse care and treatment after being fully informed of and understanding the
					 consequences of such actions;
(7)
					 submit patient complaints about care and services provided or not provided and
					 complaints concerning lack of respect for property by anyone furnishing
					 services on behalf of the agency, to be informed of the procedure for filing
					 such complaints, and to have such complaints investigated by the agency in
					 accordance with the provisions of section
					 763.11(a)(8) of
					 this Part;
(8) voice complaints and
					 recommend changes in policies and services to agency personnel, the New York
					 State Department of Health or any outside representative of the patient's
					 choice. The expression of such complaints by the patient or his/her designee
					 shall be free from restraint, interference, coercion, discrimination or
					 reprisal;
(9) be treated with
					 consideration, respect and full recognition of his or her dignity and
					 individuality;
(10) privacy,
					 including confidential treatment of patient records, and refusal of their
					 release to any individual outside the agency except in the case of the
					 patient's transfer to a health care facility, or as required by law or
					 third-party payment contract;
(11)
					 be advised in writing of the availability of the Department of Health toll-free
					 hotline, the telephone number, the hours of its operation and that the purpose
					 of the hotline is to receive complaints or answer questions about home care
					 agencies; and
(12) refuse consent
					 to advanced tasks performed by an advanced home health aide, in which case the
					 agency shall provide for the performance of such tasks by a registered
					 professional nurse.