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 766 - Licensed Home Care Services Agencies-minimum Standards › Section 766.1 - Patient rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 governing authority shall establish written policies regarding the rights of
					 the patient and shall ensure the development of procedures implementing such
					 policies. 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 by the agency and related charges;
(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 orally and in
					 writing;
(4) be informed
					 of all services the agency is to provide, 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 of any
					 changes to the plan of care;
(6)
					 refuse care and treatment after being fully informed of and understanding the
					 consequences of such actions;
(7)
					 be informed of the procedures for submitting patient complaints;
(8) voice complaints and recommend changes in
					 policies and services to agency 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 interference,
					 coercion, discrimination or reprisal;
(9) submit patient complaints about the care
					 and services provided or not provided and complaints concerning lack of respect
					 for property by anyone furnishing service on behalf of the agency, to be
					 informed of the procedure for filing such complaints, and to have the agency
					 investigate such complaints in accordance with the provisions of section
					 766.9(j) of this
					 Part. The agency is also 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's Office of Health Systems
					 Management;
(10) be treated with
					 consideration, respect and full recognition of his/her dignity and
					 individuality;
(11) privacy,
					 including confidential treatment of patient records, and to refuse release of
					 records 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; 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.