Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 511 - LIMITED SERVICES RURAL HOSPITALS › Subchapter C - OPERATIONAL REQUIREMENTS › Section 511.63 - Patient's Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) A limited
				  services rural hospital (LSRH) shall protect and promote each patient's
				  rights.
(b) An LSRH shall adopt,
				  implement, and enforce a policy to ensure patients' rights are upheld within
				  the limits of law. The LSRH's written patient's rights policy shall include the
				  following:
(1) the right to participate in the
				  development and implementation of their plan of care;
(2) the right to make informed decisions
				  regarding their care, including being informed of their health status, and
				  being able to request or refuse treatment;
(3) the right to formulate advance directives
				  and to have LSRH staff and practitioners who provide care in the LSRH comply
				  with these directives, in accordance with Code of Federal Regulations Title 42
				  (42 CFR) §§489.100 (relating to Definitions), 489.102 (relating to
				  Requirement for Providers), and 489.104 (relating to Effective Dates) and Texas
				  Health and Safety Code Chapter 166 (relating to Advance Directives);
(4) the right to have personal
				  privacy;
(5) the right to receive
				  medical standard of care in a safe setting;
(6) the right to be free from all forms of
				  abuse, neglect, exploitation, and harassment;
(7) the right to have confidentiality of
				  their medical records;
(8) the
				  right to the LSRH's reasonable response to the patient's requests and needs for
				  treatment or service, within the LSRH's capacity, stated mission, and
				  applicable law and regulation;
(9)
				  the right to considerate and respectful care, which includes:
(A) the care of the patient includes
				  consideration of the psychosocial, spiritual, and cultural variables that
				  influence perceptions of illness; and
(B) the care of a dying patient optimizes the
				  comfort and dignity of the patient through;
(i) treating primary and secondary symptoms
				  that respond to treatment as desired by the patient or surrogate decision
				  maker;
(ii) effectively managing
				  pain; and
(iii) acknowledging the
				  psychosocial and spiritual concerns of the patient and the family regarding
				  dying and the expression of grief by the patient and family;
(10) the right of the
				  patient or their legally authorized representative (LAR) to, in collaboration
				  with the patient's physician, make decisions involving their health care,
				  including:
(A) the right to accept medical
				  care or to refuse treatment to the extent permitted by law and to be informed
				  of the medical consequences of such refusal; and
(B) the right to formulate advance directives
				  and to appoint a surrogate to make health care decisions on their behalf to the
				  extent permitted by law;
(11) a mechanism to ascertain the existence
				  of, and, as appropriate, assist in the development of advance directives at the
				  time of the patient's admission;
(12) the right to not have the provision of
				  care conditioned on the existence of an advance directive;
(13) the right of a patient to the
				  information necessary to enable them to make treatment decisions reflecting
				  their wishes;
(14) the right of a
				  patient to receive at the time of admission information about the LSRH's
				  patient rights policy or policies and the mechanism for the initiation, review,
				  and, when possible, resolution of patient complaints concerning the quality of
				  care;
(15) the right to receive
				  information about the patient's rights in advance of receiving or discontinuing
				  patient care whenever possible;
(16) the right of the patient or the
				  patient's legally authorized representative to participate in the consideration
				  of ethical issues that arise in the care of a patient;
(17) a mechanism for the consideration of
				  ethical issues arising in the care of patients and to provide education to care
				  givers and patients on ethical issues in health care;
(18) the right of the patient to be informed
				  of and consent to any human experimentation or other research or educational
				  projects affecting their care or treatment;
(19) the right of the patient or the
				  patient's legally authorized representative to access the information contained
				  in the patient's medical record, on oral or written request; and
(20) the right of the patient's guardian,
				  next of kin, or LAR to exercise, to the extent permitted by law, the rights
				  delineated on behalf of the patient if the patient:
(A) has been adjudicated incompetent in
				  accordance with the law;
(B) is
				  found by their physician to be medically incapable of understanding the
				  proposed treatment or procedure;
(C) is unable to communicate their wishes
				  regarding treatment; or
(D) is a
				  minor.