Title: Section 793.1 - Patient rights

Section 793.1 Patient rights. (a) The governing authority shall establish written policies regarding the rights and responsibilities of the patient and shall ensure the development of procedures implementing such policies to ensure that, as a minimum, the patient has a right to:　

(1) be fully informed of these rights prior to or at the time of admission, verbally and in writing, in a language and manner that the patient understands, as evidenced by written acknowledgment of receipt signed by the patient or the patient’s representative, pursuant to subdivision (b) of this section;　

(2) be given a statement of the services provided by the hospice and covered under the hospice benefit, including any limitations on those services, and of related charges including charges for services not covered by third-party payors or not covered by the hospice basic rate;　

(3) be fully informed of the patient's medical condition;　

(4) adequate, appropriate and timely care and services, including effective pain management and symptom control for conditions relating to the patient’s terminal illness, for the duration of the illness for which hospice was elected;　

(5) be involved in developing his or her hospice plan of care;　

(6) choose his or her attending physician;　

(7) refuse to participate in experimental research;　

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

(9) voice complaints and recommend changes in policies and services to hospice staff, 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;　

(10) express complaints about the care and services provided and to have the program investigate such complaints as specified in section 794.1(l) of this Title. The program is responsible for notifying the patient or his/her designee that if the patient is not satisfied by the response the patient may complain to the Department of Health;　

(11) be treated with consideration, respect and full recognition of the patient’s dignity and individuality;　

(12) make independent personal decisions and have knowledge of available choices;　

(13) be assured of confidential treatment of patient records in accordance with applicable state and federal laws;　

(14) be informed of the name and function of any person and/or agency providing care and services; 　

(15) receive services and/or continue to receive services without regard to age, race, color, creed, gender, national origin, sexual orientation, disability or source of payment;　

(16) receive services without discontinuation or diminishment because of the inability to pay for care;　

(17) receive written information and assistance with executing advance directives as set forth in Article 29-CC of the Public Health Law and implementing regulations, as well as applicable federal regulations;　

(18) exercise his or her rights without fear of discrimination or reprisal;

(19) have his or her person and property treated with respect and to be free from mistreatment, neglect, or verbal, mental, sexual and/or physical abuse, including injuries of unknown source, and misappropriation of property; and

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

(b) 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.　

(c) The governing authority must:　

(1) ensure that all alleged violations involving mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including injuries of unknown source, and misappropriation of patient property, by anyone furnishing services on behalf of the hospice, are reported immediately by hospice employees and contracted staff to the hospice administrator;　

(2) immediately investigate all alleged violations involving anyone furnishing services on behalf of the hospice and immediately take action to prevent further potential violations while the alleged violation is being verified. Investigations and/or documentation of all alleged violations must be conducted in accordance with established procedures;　

(3) take appropriate corrective action in accordance with state law if the alleged violation is verified by the hospice administration or an outside body having jurisdiction, such as the Department of Health or local law enforcement agency; and　

(4) ensure that verified violations are reported to State and local bodies having jurisdiction including the Department of Health within 5 working days of becoming aware of the violation.