Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart B - General and Special Hospitals › Chapter 103 - GOVERNANCE AND MANAGEMENT › Subchapter A - GOVERNING PROCESS › PATIENT'S BILL OF RIGHTS › Section 103.22 - Implementation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The hospital
						governing body shall establish a Patient's Bill of Rights not less in substance
						and coverage than the minimal Patient's Bill of Rights provided by subsection
						(b).
(b) The following are minimal
						provisions for the Patient's Bill of Rights:
(1) A patient has the right to respectful
						care given by competent personnel.
(2) A patient has the right, upon request, to
						be given the name of his attending physician, the names of all other physicians
						directly participating in his care, and the names and functions of other health
						care persons having direct contact with the patient.
(3) A patient has the right to every
						consideration of his privacy concerning his own medical care program. Case
						discussion, consultation, examination, and treatment are considered
						confidential and should be conducted discreetly.
(4) A patient has the right to have all
						records pertaining to his medical care treated as confidential except as
						otherwise provided by law or third-party contractual arrangements.
(5) A patient has the right to know what
						hospital rules and regulations apply to his conduct as a patient.
(6) The patient has the right to expect
						emergency procedures to be implemented without unnecessary delay.
(7) The patient has the right to good quality
						care and high professional standards that are continually maintained and
						reviewed.
(8) The patient has the
						right to full information in layman's terms, concerning his diagnosis,
						treatment, and prognosis, including information about alternative treatments
						and possible complications. When it is not medically advisable to give such
						information to the patient, the information shall be given on his behalf to the
						patient's next of kin or other appropriate person.
(9) Except for emergencies, the physician
						must obtain the necessary informed consent prior to the start of any procedure
						or treatment, or both. Informed consent is defined in section 103 of the Health
						Care Services Malpractice Act (40 P. S. §
														1301.103).
(10) A patient or, in the event the patient
						is unable to give informed consent, a legally responsible party, has the right
						to be advised when a physician is considering the patient as a part of a
						medical care research program or donor program, and the patient, or legally
						responsible party, must give informed consent prior to actual participation in
						such a program. A patient, or legally responsible party, may, at any time,
						refuse to continue in any such program to which he has previously given
						informed consent.
(11) A patient
						has the right to refuse any drugs, treatment, or procedure offered by the
						hospital, to the extent permitted by law, and a physician shall inform the
						patient of the medical consequences of the patient's refusal of any drugs,
						treatment, or procedure.
(12) A
						patient has the right to assistance in obtaining consultation with another
						physician at the patient's request and own expense.
(13) A patient has the right to medical and
						nursing services without discrimination based upon race, color, religion, sex,
						sexual preference, National origin or source of payment.
(14) The patient who does not speak English
						should have access, where possible, to an interpreter.
(15) The hospital shall provide the patient,
						or patient designee, upon request, access to all information contained in his
						medical records, unless access is specifically restricted by the attending
						physician for medical reasons.
(16)
						The patient has the right to expect good management techniques to be
						implemented within the hospital considering effective use of the time of the
						patient and to avoid the personal discomfort of the patient.
(17) When medically permissible, a patient
						may be transferred to another facility only after he or his next of kin or
						other legally responsible representative has received complete information and
						an explanation concerning the needs for and alternatives to such a transfer.
						The institution to which the patient is to be transferred must first have
						accepted the patient for transfer.
(18) The patient has the right to examine and
						receive a detailed explanation of his bill.
(19) The patient has a right to full
						information and counseling on the availability of known financial resources for
						his health care.
(20) A patient has
						the right to expect that the health care facility will provide a mechanism
						whereby he is informed upon discharge of his continuing health care
						requirements following discharge and the means for meeting them.
(21) A patient cannot be denied the right of
						access to an individual or agency who is authorized to act on his behalf to
						assert or protect the rights set out in this section.
(22) A patient has the right to be informed
						of his rights at the earliest possible moment in the course of his
						hospitalization.