Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter D - MINIMUM STANDARDS FOR PATIENT CARE AND TREATMENT › Section 117.42 - Patient Rights

Current through Reg. 49, No. 28; July 12, 2024
Each facility shall adopt, implement, and enforce policies
					 and procedures appropriate to the patient population served which ensure each
					 patient is:
(1) treated with respect,
				  dignity, and full recognition of the patient's individuality and personal
				  needs;
(2) provided privacy and
				  confidentiality, for the patient and the clinical record;
(3) provided a safe, sanitary, and
				  comfortable treatment environment;
(4) provided information in a manner to
				  facilitate understanding by the patient and the patient's legal representative,
				  family member, or significant other. Written patient information materials
				  shall be available, with materials in languages other than English. In lieu of
				  written materials in the patient's primary language, an interpreter,
				  interpreter service, visual and hearing impaired assistance shall be provided.
				  Staff shall document in the patient's clinical record how consent forms for
				  treatment requiring a signature were explained, and the patient's consent
				  obtained, and how patient rights and responsibilities were explained to the
				  patient;
(5) informed by a
				  physician of the patient's medical status;
(6) informed of and receive education
				  regarding all treatment modalities and settings, including self-care and
				  transplant for the treatment of end stage renal disease on an annual
				  basis;
(7) informed about and
				  participates in, if desired, all aspects of care, including the right to refuse
				  treatment, and informed of the medical consequences of such refusal;
(8) aware of all services available in the
				  facility and the charges for services provided;
(9) informed about the facility's reuse of
				  dialysis supplies, including hemodialyzers. If printed materials such as
				  brochures are used to describe a facility and its services, the brochures shall
				  contain a statement with respect to reuse;
(10) assured of a reasonable response by the
				  facility to the patient's requests and needs for treatment or service, within
				  the facility's capacity, the facility's stated mission, and applicable law and
				  regulation;
(11) provided hours of
				  dialysis that are scheduled for patient convenience whenever feasible or
				  possible. Consideration shall be given to a patient's work or school
				  schedule;
(12) transferred or
				  discharged only for medical reasons, for the patient's welfare or that of other
				  patients or staff members, or for nonpayment of fees. A patient shall be given
				  30 calendar days advance notice to ensure orderly transfer or discharge, except
				  in cases where the patient presents an immediate risk to others;
(13) given an opportunity and assistance to
				  improve problematic behavior prior to dismissal from the facility. A facility
				  shall establish, implement, and enforce a policy whereby a disruptive patient
				  or family member or noncompliant patient is given an opportunity and assistance
				  to improve the problematic behavior prior to dismissal from the facility. The
				  policy shall include the requirements at §
										117.45(a)(8)
				  of this title (relating to Provision and Coordination of Treatment and
				  Services);
(14) provided protection
				  from abuse, neglect, or exploitation as those terms are defined in §
										1.204
				  of this title (relating to Investigations of Abuse, Neglect, or Exploitation of
				  Children or Elderly or Disabled Persons);
(15) provided information regarding advance
				  directives and allowed to formulate such directives to the extent permitted by
				  law. This includes documents executed under the Health and Safety Code, Chapter
				  166, Advance Directives Act;
(16)
				  aware of the mechanisms and agencies to express a complaint against the
				  facility without fear of reprisal or denial of services. A facility shall
				  provide to each individual who is admitted to the facility a written statement
				  that informs the individual that a complaint against the facility may be
				  directed to the department. The statement shall be provided at the time of
				  admission and shall advise the patient that registration of complaints may be
				  filed with the Department of State Health Services, Health Facility Compliance
				  Group, Mail Code 2835, P.O. Box 149347, Austin, TX 78714-9347, (888) 973-0022.
				  Correctional institutions shall not be required to include the 888 number in
				  information provided to patients in these facilities;
(17) fully informed of the rights listed in
				  this section, the responsibilities established by the facility, and all rules
				  and regulations governing patient conduct and responsibilities. A written copy
				  of the patient's rights and responsibilities shall be provided to each patient
				  or the patient's legal representative upon admission, and a copy shall be
				  posted with the facility license certificate; and
(18) fully informed of the patient plan of
				  care process, including but not limited to the necessary services outlined in
				  the patient plan of care.