Current through Register Vol. 50, No. 12, December 20, 2024
A. Every patient
shall have the following rights, none of which shall be abridged by the
hospital or any of its staff. The hospital administrator shall be responsible
for developing and implementing policies to protect patient rights and to
respond to questions and grievances pertaining to patient rights. These rights
shall include at least the following:
1.
every patient, or his/her designated representative, shall whenever possible,
be informed of the patient's rights and responsibilities in advance of
furnishing or discontinuing patient care;
2. the right to have a family member, chosen
representative and/or his or her own physician notified promptly of admission
to the hospital;
3. the right to
receive treatment and medical services without discrimination based on race,
age, religion, national origin, sex, sexual preferences, handicap, diagnosis,
ability to pay or source of payment;
4. the right to be treated with
consideration, respect and recognition of their individuality, including the
need for privacy in treatment;
5.
the right to be informed of the names and functions of all physicians and other
health care professionals who are providing direct care to the patient. These
people shall identify themselves by introduction and/or by wearing a name
tag;
6. the right to receive, as
soon as possible, the services of a translator or interpreter to facilitate
communication between the patient and the hospital's health care
personnel;
7. the right to
participate in the development and implementation of his/her plan of
care;
8. every patient or his or
her representative (as allowed by state law) has the right to make informed
decisions regarding his or her care;
9. the patient's rights include being
informed of his/her health status, including whether being admitted as an
inpatient or being kept on observation status, being involved in care planning
and treatment, and being able to request or refuse treatment. This right shall
not be construed as a mechanism to demand the provision of treatment or
services deemed medically unnecessary or inappropriate;
10. the right to be included in experimental
research only when he or she gives informed, written consent to such
participation, or when a guardian provides such consent for an incompetent
patient in accordance with appropriate laws and regulations. The patient may
refuse to participate in experimental research, including the investigations of
new drugs and medical devices;
11.
the right to be informed if the hospital has authorized other health care
and/or educational institutions to participate in the patient's treatment. The
patient shall also have a right to know the identity and function of these
institutions, and may refuse to allow their participation in his/her
treatment;
12. the right to
formulate advance directives and have hospital staff and practitioners who
provide care in the hospital comply with these directives;
13. the right to be informed by the attending
physician and other providers of health care services about any continuing
health care requirements after his/her discharge from the hospital. The patient
shall also have the right to receive assistance from the physician and
appropriate hospital staff in arranging for required follow-up care after
discharge;
14. the right to have
his/her medical records, including all computerized medical information, kept
confidential;
15. the right to
access information contained in his/her medical records within a reasonable
time frame in accordance with the requirements in §9387;
16. the right to be free from restraints of
any form that are not medically necessary or are used as a means of coercion,
discipline, convenience or retaliation by staff;
17. the right to be free from all forms of
abuse and harassment;
18. the right
to receive care in a safe setting;
19. the right to examine and receive an
explanation of the patient's hospital bill regardless of source of payment, and
may receive upon request, information relating to financial assistance
available through the hospital. Such explanation shall include information in
relation to balance billing disclosure in accordance with
R.S.
22:1880 et seq., or current law;
20. the right to be informed in writing about
the hospital's policies and procedures for initiation, review and resolution of
patient complaints/grievances, including the address and telephone number of
where complaints/grievances may be filed with the department;
21. the right to be informed of his/her
responsibility to comply with hospital rules, cooperate in the patient's own
treatment, provide a complete and accurate medical history, be respectful of
other patients, staff and property, and provide required information regarding
payment of charges;
22. except in
emergencies, the patient may be transferred to another facility only with a
full explanation of the reason for transfer, provisions for continuing care and
acceptance by the receiving institution;
23. the right for each inpatient or, if
applicable, the patient's legal guardian, to have one opportunity to designate
an uncompensated caregiver following the patient's inpatient admission into a
hospital and prior to the patient's discharge, for provision of the patient's
post hospital aftercare at the patient's residence; and
24. the right to be informed of the
visitation policies of the hospital including any clinical restriction or
limitation on such rights; and to receive visitors whom the patient designates,
including, but not limited to, a spouse, a domestic partner, another family
member, or a friend; and the patient's right to withdraw or deny such consent
at any time.
B. The
policies on patient rights and responsibilities shall also provide that
patients who receive treatment for mental illness or developmental disability,
in addition to the rights listed herein, have the rights provided in the
Louisiana Mental Health Law.
C. The
policies on patient rights and responsibilities shall also provide that
patients who receive treatment for a miscarried child have the option of fetal
final disposition in accordance with
R.S.
8:651 et seq or current law.
D. Hospital staff assigned to provide direct
patient care shall be informed of and demonstrate their understanding of the
policies on patient rights and responsibilities through orientation and
appropriate in service training activities.
E. The hospital shall report allegations of
patient abuse, neglect, and/or exploitation in writing to HSS on the HSS
approved form within 24 hours of discovery. The hospital's final internal
investigation shall be completed and submitted to HSS within five business days
of the initial report.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.36:254 and
R.S.
40:2100-2115.
