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Title: Section 763.2 - Patients' rights

Effective Date


763.2 Patients' rights.

(a) The governing authority shall develop and implement written policies and procedures regarding the rights of the patient. These rights, policies and procedures shall afford each patient the right to:

(1) be informed of these rights, and the right to exercise such rights, in writing prior to the initiation of care, as evidenced by written documentation in the clinical record;

(2) be given a statement of the services available from the agency and related charges;

(3) be advised before care is initiated of the extent to which payment for agency services may be expected from any third party payors and the extent to which payment may be required from the patient.

(i) The agency shall advise the patient of any changes in information provided under this paragraph or paragraph (2) of this subdivision as soon as possible, but no later than 30 calendar days from the date the agency becomes aware of the change.

(ii) All information required by this paragraph shall be provided to the patient both verbally and in writing;

(4) be informed of all treatments prescribed, when and how services will be provided, and the name and functions of any person and affiliated agency providing care and services;

(5) participate in the planning of his or her care and be advised in advance if any changes to the plan of care are warranted;

(6) refuse care and treatment after being fully informed of and understanding the consequences of such actions;

(7) submit patient complaints about care and services provided or not provided and complaints concerning lack of respect for property by anyone furnishing services on behalf of the agency, to be informed of the procedure for filing such complaints, and to have such complaints investigated by the agency in accordance with the provisions of paragraph (8) of subdivision (a) of section 763.11 of this Part;

(8) voice complaints and recommend changes in policies and services to agency personnel, the New York State Department of Health or any outside representative of the patient's choice. The expression of such complaints by the patient or his/her designee shall be free from restraint, interference, coercion, discrimination or reprisal;

(9) be treated with consideration, respect and full recognition of his or her dignity and individuality;

(10) privacy, including confidential treatment of patient records, and refusal of their release to any individual outside the agency except in the case of the patient's transfer to a health care facility, or as required by law or third-party payment contract;

(11) be advised in writing of the availability of the Department of Health toll-free hotline, the telephone number, the hours of its operation and that the purpose of the hotline is to receive complaints or answer questions about home care agencies; and

(12) refuse consent to advanced tasks performed by an advanced home health aide, in which case the agency shall provide for the performance of such tasks by a registered professional nurse.

(b) The governing authority shall make all personnel providing patient care services on behalf of the agency aware of the rights of patients and the responsibility of personnel to protect and promote the exercise of such rights.

(c) If a patient lacks capacity to exercise these rights, the rights shall be exercised by an individual, guardian or entity legally authorized to represent the patient.


VOLUME E (Title 10)