Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 93 - Hospitals
Subchapter B - Hospital Organizations and Services
Section I-9319 - Patient Rights and Privacy
Universal Citation: LA Admin Code I-9319
Current through Register Vol. 50, No. 9, September 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, being involved in care planning and
treatment, and being able to request or refuse treatment. This right must 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;
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;
20. the right to be informed in writing about
the hospital's policies and procedures for initiation, review and resolution of
patient complaints, including the address and telephone number of where
complaints 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; and
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 patients
post hospital aftercare at the patients residence.
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. 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.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2100-2115.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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