Nev. Admin. Code § 449.5405

Current through June 11, 2024

Section 449.5405 - Rights of patients

1. In addition to the requirements set forth in NRS 449.700 to 449.730, inclusive, each facility shall adopt and comply with a policy which ensures that each patient of the facility is:

(a) Treated with respect, dignity and complete recognition of the individuality and personal requirements of the patient;

(b) Provided with sufficient privacy during treatment to ensure that any unwarranted exposure of the patient does not occur and to ensure confidentiality of the clinical record of that patient;

(c) Provided with a safe and comfortable environment for receiving any treatment provided by the facility;

(d) Provided with information concerning the patient's treatment in a manner which ensures that the patient or the legal representative of the patient understands that information;

(e) Informed by a physician of the medical status of the patient;

(f) Informed about all modalities and settings for the treatment of end-stage renal disease;

(g) Informed about and participates in, if requested by the patient, each aspect of care, including, without limitation, the right to refuse treatment and the medical consequences of refusing that treatment;

(h) Aware of any services that are available to the patient at the facility and the charges for those services; and

(i) Informed about any reuse of dialysis supplies by the facility, including hemodialyzers. If any brochures or other printed materials are used to describe the facility or any services provided by the facility, the facility shall ensure that the brochures or other printed materials include a statement specifying the policy of the facility concerning the reuse of those supplies.

2. Each facility shall ensure that each patient of the facility:

(a) Receives a reasonable response by the facility to any request or requirement of the patient for treatment or service in accordance with any applicable law or regulation and within the capacity of the facility to provide the requested treatment or service;

(b) Is transferred only for:

(1) A medical reason;

(2) The welfare of the patient or any other patient or member of the staff of the facility; or

(3) The nonpayment of fees owed by the patient to the facility;

(c) Is provided with information concerning advance directives and the provisions of NRS 450B.400 to 450B.590, inclusive, concerning do-not-resuscitate identification and do-not-resuscitate orders; and

(d) Is fully informed of:

(1) The rights specified in this subsection; and

(2) All rules established by the facility concerning the conduct and responsibilities of the patient during the period he or she is a patient of the facility.

3. Upon admission of a patient to a facility, the facility shall provide to the patient or his or her legal representative a written copy of the patient's rights and responsibilities. A copy of those rights and responsibilities must be posted:

(a) In the waiting room or other area of the facility to which the members of the general public have access; and

(b) In close proximity to the license of the facility.

4. A facility shall not transfer or discharge a patient of the facility for the nonpayment of fees by the patient unless the facility notifies the patient in writing of the intent of the facility to transfer or discharge the patient. The written notice must include a statement indicating the amount of the fees owed by the patient to the facility.

5. Upon admitting a patient to a facility, the facility shall provide to the patient a written statement that informs the patient of the manner in which he or she may file a complaint against the facility. The statement must include, without limitation:

(a) A statement indicating that the patient may direct such a complaint to the Bureau or file the complaint with the Division; and

(b) The telephone number of the local office of the Division.

6. Except as otherwise provided in subsection 7, if a facility has admitted more than eight patients who read the same language other than English, all written information provided by the facility to any of those patients pursuant to the provisions of this section must be written in that other language.

7. In lieu of providing written information in a language other than English pursuant to the provisions of subsection 6, a facility may use the services of an interpreter to provide that information to a patient specified in that subsection if, as determined by the Bureau, the facility maintains written documentation which indicates that the information conveyed by the interpreter to the patient was sufficient to ensure the ability of the patient to participate in the decisions made concerning his or her treatment at the facility.

Nev. Admin. Code § 449.5405

Added to NAC by Bd. of Health by R130-99, eff. 8-1-2001

NRS 449.0302