Ala. Admin. Code r. 420-5-17-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-5-17-.04 - Patients' Rights

(1)Policies and Procedures regarding the rights and responsibilities of patients shall be written, implemented, and made available to patients, to any guardians, to any sponsor, next-of-kin, sponsoring agency (or agencies), representative payees, and to the public. Patients and sponsors will be informed on patient rights and given the toll-free complaint telephone number for the Alabama Department of Public Health, both verbally and in writing, at the time of admission. This shall be documented in the patient's record. The staff shall be trained and involved in the implementation of these policies and procedures. Posters clearly stating patient rights will be visible in key locations in the hospice. These posters will also include the toll-free complaint telephone number. These patients' rights polices and procedures ensure that, at least, each patient admitted to the hospice:

(a) Has the right to be fully informed, as evidenced by the patient's written acknowledgment prior to or at the time of admission and during stay, of these rights and of all rules and regulations governing patient conduct and responsibilities.

(b) Be fully informed of services available and of related charges including any charges for services not covered by third party payers.

(c) Be fully informed by a physician of his or her medical condition unless medically contraindicated (as documented by a physician in the medical record); and, is afforded the opportunity to participate in the planning of his or her medical treatment and the right to refuse treatment or participation in experimental research.

(d) Is not to be transferred or discharged except when transfer or discharge is necessary for the patient's welfare and the patient's needs can no longer be met or when the patient presents a direct threat to the health or safety of others, for medical reasons, or for his or her welfare or that of other patients, or for nonpayment for his or her stay. The hospice shall discuss discharge plans with the patient or their legal representative, the hospice Medical Director and/or attending physician and the appropriate interdisciplinary team members prior to the discharge. The hospice shall identify post hospice care needs and provide adequate discharge planning. The hospice patient or their legal representative shall be provided written discharge instructions on medication management and procurement, durable medical equipment, availability of community resources and other identified needs at the time of discharge. The required discharge forms must be completed timely. Such actions shall be documented in the medical record.

(e) Is encouraged and assisted throughout the period of stay to exercise rights as a patient and as a citizen, and to this end may voice grievances and recommend changes in policies and services to hospice staff and/or to outside representative of his or her choice without being subjected to restraint, interference, coercion, discrimination, or reprisal.

(f) May manage his or her personal financial affairs. Should a patient delegate responsibility to the hospice for the management of his or her financial affairs, said delegation shall be in writing, and the hospice shall provide the patient with at least a quarterly accounting of financial transactions made on his or her behalf.

(g) Is free from mental and physical abuse; and free from chemical and (except in emergencies) physical restraints, except as authorized in writing by a physician for a specified and limited period of time, or when necessary to protect the patient from injury to self or to others.

(h) Is assured confidential treatment of personal and medical records, and may approve or refuse their release to any individual outside the hospice except in case of transfer to another health care institution or as required by law or third-party payment contract.

(i) Is treated with consideration, respect, and with full recognition of his or her dignity in caring for personal needs.

(j) Is not required to perform services for the hospice that are not included for therapeutic purposes in the plan of care. The following apply to inpatient hospices:

1. May associate and communicate privately with persons of his or her choice, and send and receive personal mail unopened.

2. May meet with and participate in the activities of social, religious, and community groups at his or her discretion.

3. May retain and use personal clothing and possessions as space permits, unless to do so would infringe upon rights of other patients.

(k) If married, is assured privacy for visits by his/her spouse. If both are inpatients in the hospice, they are permitted to share a room.

The following apply to all hospices:

(2)Responsible Party (Parties).

(a) In the case of a patient adjudged incompetent under the laws of a state by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed under state law to act on the resident's behalf.

(b) In the case of a patient who has not been adjudged incompetent by the state court, any legal surrogate designated in accordance with state law may exercise the resident's rights to the extent provided by state law.

(3)Notification of Changes in Patient Status. The hospice shall have appropriate written policies and procedures relating to notification of the patient's attending physician and other responsible persons in the event of accident involving the patient, or other significant change in the patient's physical, mental or emotional status. Except in medical emergency, a patient shall not be transferred or discharged, nor treatment altered radically, without consultation with the patient or, if the patient is incompetent, without prior consultation with next-of-kin or sponsor.

Ala. Admin. Code r. 420-5-17-.04

New Rule: Filed August 20, 1993; effective September 23, 1993. Repealed and New Rule: Filed June 14, 2000; effective July 19, 2000. Amended: Filed July 22, 2013; effective August 26, 2013.

Author: Jimmy D. Prince

Statutory Authority:Code of Ala. 1975, §§ 22-21-20, et seq.