Section 16.03.14.220 - PATIENT RIGHTSA hospital must protect and promote each patient's rights. Patient rights are provided for and described in Sections 220 through 234 of these rules.
01.Informed in Advance of Patient Care. A hospital must inform each patient, or when appropriate, the patient's representative or caregiver, of the patient's rights in advance of furnishing or discontinuing patient care whenever possible.02.Identify Who Is Responsible for Medical Decisions. The hospital must identify who is responsible for making medical decisions and representing the patient if the patient is unable to make those decisions.03.Specify Procedures to Inform Patient of Patient Rights.a. The hospital must specify a procedure to inform patients, their representative, or caregiver of their rights before providing care.b. In an emergency, rights may be provided after emergent care is provided.c. The procedure must include a method to document that patients were informed of their rights or the reasons they were not informed before care was provided.04.Informed in Format Understandable to Patient/Patient's Representative. The patient and/or the patient's representative has the right to be informed of the patient's rights in a language or format that the patient and/or legal representative understands.05.Make Informed Decisions. The patient or patient's representative has the right to make informed decisions regarding patient's care.06.Informed and Involved in Care Plan. The patient has the right to be informed of health status, be involved in care planning and treatment, and 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.a. The hospital must obtain written consent for general treatment at the hospital. If the hospital is not able to obtain this consent, the reasons must be documented.b. The hospital must obtain an informed written consent from each patient or the patient's representative for the provision of specific medical and/or surgical care, except in medical emergencies. The consent must include an explanation of risks, benefits, and alternatives for high-risk procedures, sedation, and other procedures or services as defined by the governing body.07.Formulate Advance Directives. The patient has the right to formulate advance directives and to have hospital staff and practitioners who provide care in the hospital comply with these directives. The hospital must document whether the patient has an advance directive. If the patient has an advance directive, the hospital must document what it includes. If the patient does not have an advance directive, the hospital must offer the patient assistance to create one and document the patient's response.08.Privacy. The patient has the right to meet privately with an attorney, a physician, a licensed independent practitioner, a representative of the state protection and advocacy group, and adult/child protection agency.09.Personal Privacy. The patient has the right to personal privacy, including the right to privacy during all personal care, including hygiene activities such as bathing, dressing, and toileting. This right includes the right to treatment with dignity during personal care. a. A patient's right to privacy may be limited in situations when a treatment team determines a person must be continuously observed to ensure his or her safety. A decision to continuously observe a patient, either in person or by video and audio monitoring, must be based on an individualized assessment of the patient's needs and it must be part of the patient's individualized plan of care.b. When patients are video monitored, the hospital must turn the camera off or utilize an electronic privacy option during personal care and activities of daily living where the patient may be exposed, such as bathing, dressing, and toileting. Monitoring during these times must be done by staff members in person. Video and audio monitoring and recording must also be turned off during meetings with the patient and an attorney, a physician, a licensed independent practitioner, a representative of the state protection and advocacy group, and adult/child protection agency.c. When the hospital utilizes the continuous observation of patients, and/or video recording of patients, it must develop policies and procedures to direct staff in these activities.d. The hospital must obtain the patient's or patient's legal representative's written consent for video or audio recording except in common areas.e. Video or audio recordings of a patient for any reason must be included as part of the patient's medical record except in common areas.f. Monitors used for observing patients must not be visible or audible to unauthorized persons.10.Video Monitoring of Common Areas. Closed circuit television may be used to monitor common areas when signs are clearly posted that video monitoring or video recording is occurring. Patient consent is not required for common areas. Video recordings of common areas are not part of the patient's medical record.11.Safe Setting. The patient has the right to receive care in a safe setting.12.Free From Abuse, Neglect, and Harassment. The patient has the right to be free from all forms of abuse, neglect, and harassment. If hospital staff become aware of potential abuse or neglect of a patient, the hospital must protect the patient from future harm and report the suspicions to the appropriate legal entity.13.Confidentiality. The patient has the right to the confidentiality of his or her clinical records.14.Access to Patient's Own Records. The patient has the right to access information contained in his or her clinical records within three business days. The patient may request clinical record information as a paper copy or in an electronic format.a. The hospital may not charge the patient a rate for copies that is higher than that of the local library.b. When the patient requests the information electronically, the hospital must provide it on a currently popular media storage device. The information must be provided in a coherent format.15.State Agency Contact Information. The hospital must provide patients with contact information for the Idaho state survey agency, including the agency's physical and mailing addresses and telephone number.Idaho Admin. Code r. 16.03.14.220