R432-700-16. Patients' Rights  


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  • (1) Written patients' rights shall be established and made available to the patient, guardian, next of kin, sponsoring agency, representative payee, and the public.

    (2) Agency policy may determine how patients' rights information is distributed.

    (3) The agency shall insure that each patient receiving care has the following rights:

    (a) To be fully informed of these rights and all rules governing patient conduct, as evidenced by documentation in the clinical record;

    (b) To be fully informed of services and related charges for which the patient or a private insurer may be responsible, and to be informed of all changes in charges;

    (c) To be fully informed of the patient's health condition, unless medically contraindicated and documented in the clinical record;

    (d) To be afforded the opportunity to participate in the planning of home health services, including referral to health care institutions or other agencies, and to refuse to participate in experimental research;

    (e) To refuse treatment to the extent permitted by law and to be informed of the medical consequences if treatment is refused;

    (f) To be assured confidential treatment of personal and medical records, and to approve or refuse their release to any individual outside the agency, except in the case of transfer to another agency or health facility, or as required by law or third-party payment contract;

    (g) To be treated with consideration, respect, and full recognition of dignity and individuality, including privacy in treatment and in care for personal needs;

    (h) To be assured the patient and the family or significant others will be taught about required services, so the patient can develop or regain self-care skills and the family or others can understand and help the patient;

    (i) To be assured that personnel who provide care demonstrate competency through education and experience to carry out the services for which they are responsible;

    (j) To receive proper identification from the individual providing home health services;

    (k) To receive information concerning the procedures to follow to voice complaints about services being performed.