New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 9 - Hospice Operation › Part 793 - Patient/family Care Services › Section 793.1 - Patient rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 governing authority shall establish written policies regarding the rights and
					 responsibilities of the patient and shall ensure the development of procedures
					 implementing such policies to ensure that, as a minimum, the patient has a
					 right to:
(1) be fully informed of these
					 rights prior to or at the time of admission, verbally and in writing, in a
					 language and manner that the patient understands, as evidenced by written
					 acknowledgment of receipt signed by the patient or the patient's
					 representative, pursuant to subdivision (b) of this section;
(2) be given a statement of the services
					 provided by the hospice and covered under the hospice benefit, including any
					 limitations on those services, and of related charges including charges for
					 services not covered by third-party payors or not covered by the hospice basic
					 rate;
(3) be fully informed of the
					 patient's medical condition;
(4)
					 adequate, appropriate and timely care and services, including effective pain
					 management and symptom control for conditions relating to the patient's
					 terminal illness, for the duration of the illness for which hospice was
					 elected;
(5) be involved in
					 developing his or her hospice plan of care;
(6) choose his or her attending
					 physician;
(7) refuse to
					 participate in experimental research;
(8) refuse medication, care and treatment
					 after being fully informed of and understanding the consequences of such
					 actions;
(9) voice complaints and
					 recommend changes in policies and services to hospice staff, 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;
(10) express complaints about the care and
					 services provided and to have the program investigate such complaints as
					 specified in section
					 794.1(l) of this
					 Title. The program is responsible for notifying the patient or his/her designee
					 that if the patient is not satisfied by the response the patient may complain
					 to the Department of Health;
(11)
					 be treated with consideration, respect and full recognition of the patient's
					 dignity and individuality;
(12)
					 make independent personal decisions and have knowledge of available
					 choices;
(13) be assured of
					 confidential treatment of patient records in accordance with applicable State
					 and Federal laws;
(14) be informed
					 of the name and function of any person and/or agency providing care and
					 services;
(15) receive services
					 and/or continue to receive services without regard to age, race, color, creed,
					 gender, national origin, sexual orientation, disability or source of
					 payment;
(16) receive services
					 without discontinuation or diminishment because of the inability to pay for
					 care;
(17) receive written
					 information and assistance with executing advance directives as set forth in
					 article 29-CC of the Public Health Law and implementing regulations, as well as
					 applicable Federal regulations;
(18) exercise his or her rights without fear
					 of discrimination or reprisal;
(19) have his or her person and property
					 treated with respect and to be free from mistreatment, neglect, or verbal,
					 mental, sexual and/or physical abuse, including injuries of unknown source, and
					 misappropriation of property; and
(20) refuse consent to advanced tasks
					 performed by an advanced home health aide, in which case the hospice shall
					 provide for the performance of such tasks by a registered professional
					 nurse.