New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 12 - REQUIREMENTS FOR ACUTE CARE, LIMITED SERVICES AND SPECIAL HOSPITALS › Section 8.370.12.19 - POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
Every hospital shall have written policies approved by the
				  governing board and shall include provisions for implementation, and for access
				  by the patient, on:
A. Patient rights
				and responsibilities: a list of these patient rights and responsibilities shall
				be available in languages appropriate to the ethnic needs of the community;
(1) The policies on patient rights and
				responsibilities shall provide that:
(a)
				patients may not be denied appropriate hospital care because of the patient's
				race creed, color, national origin, religion, sex, sexual orientation, marital
				status, age, disability or source of payment;
(b) patients shall be treated with
				consideration, respect, and recognition of their individuality, including the
				need for privacy in treatment;
(c)
				the individual patient's medical records, including all computerized medical
				information, shall be kept confidential in accordance with applicable federal,
				state and local laws;
(d) the
				patient or any person authorized by statute or in writing by the patient shall
				have access to the patient's medical record but access to patient's psychiatric
				records may be limited by treating professionals when specific hospital
				policies specify requirements for limiting access;
(e) every patient shall be entitled to know
				who has overall responsibility for the patient's care;
(f) every patient, legally authorized person
				or any person authorized in writing by the patient, shall receive, from the
				appropriate person within the facility, information about his illness, course
				of treatment and prognosis for recovery in terms the patient can
				understand;
(g) every patient, or
				his designate representative, where appropriate, shall have the opportunity to
				participate to the fullest extent possible in planning for his care and
				treatment;
(h) every patient, or
				his designated representative, shall be given, at the time of admission, a copy
				of the patient's rights and responsibilities;
(i) except in emergencies, the consent of the
				patient, or their legally authorized representative, shall be obtained before
				treatment is administered;
(j) any
				patient may refuse treatment to the extent permitted by law and shall be
				informed of the medical consequences of the refusal;
(k) the patient, the patient's legally
				authorized representative, or person granted the power to authorize medical
				treatment, shall be fully informed and give consent for the patient's
				participation in any form of research or experimentation;
(l) except in emergencies, the patient may be
				transferred to another facility only with a full explanation of the reason for
				the transfer, provision for continuing care; and acceptance by the receiving
				institution;
(m) every patient may
				examine and receive an explanation of the patient's hospital bill regardless of
				source of payment, and may receive upon request, information relating to
				financial assistance available through the hospital;
(n) every patient shall be informed of his
				responsibility to comply with hospital rules, cooperate in the patient's own
				treatment, provide a complete and accurate medical history, be respectful of
				other patients, staff and property, and provide required information concerning
				payment of charges;
(o) every
				patient shall be informed in writing about the hospital's policies and
				procedures for initiation, review and resolution of patient complaints,
				including the address where complaints may be filed with the
				authority;
(p) every patient shall
				be allowed to designate who may be permitted to visit during the hospital stay
				in accordance with the hospital policy; and
(q) every patient shall have freedom from
				physical or verbal abuse, harassment and inappropriate physical and chemical
				restraints;
(r) hospitals must be
				in compliance with CMS's patient rights condition of participation.