N.Y. Comp. Codes R. & Regs. tit. 10 § 751.9

Current through Register Vol. 46, No. 53, December 31, 2024

Section 751.9 - Patients' rights

Policies and procedures shall be developed and implemented regarding the patients' rights. The operator shall have in effect a written statement of patients' rights which is prominently posted in patient care areas and a copy of which is given to the patient. Such statement shall include the patients' rights to:

(a) receive service(s) without regard to age, race, color, sexual orientation, religion, marital status, sex, gender identity, national origin or sponsor;

(b) be treated with consideration, respect and dignity including privacy in treatment;

(c) be informed of the services available at the center;

(d) be informed of the provisions for off-hour emergency coverage;

(e) be informed of the charges for services, eligibility for third-party reimbursements and, when applicable, the availability of free or reduced cost care;

(f) receive an itemized copy of his/her account statement, upon request;

(g) obtain from his/her health care practitioner, or the health care practitioner's delegate, complete and current information concerning his/her diagnosis, treatment and prognosis in terms the patient can be reasonably expected to understand;

(h) receive from his/her physician information necessary to give informed prior to the start of any nonemergency procedure or treatment or both. An informed consent shall include, as a minimum, the provision of information concerning the specific procedure or treatment or both, the reasonably foreseeable risks involved, and alternatives for care or treatment, if any, as a reasonable medical practitioner under similar circumstances would disclose in a manner permitting the patient to make a knowledgeable decision;

(i) refuse treatment to the extent permitted by law and to be fully informed of the medical consequences of his/her action;

(j) refuse to participate in experimental research;

(k) voice grievances and recommend changes in policies and services to the center's staff, the operator and the New York State Department of Health without fear of reprisal;

(l) express complaints about the care and services provided and to have the center investigate such complaints. The center is responsible for providing the patient or his/her designee with a written response within 30 days if requested by the patient indicating the findings of the investigation. The center is also responsible for notifying the patient or his/her designee that if the patient is not satisfied by the center response, the patient may complain to the New York State Department of Health;

(m) privacy and confidentiality of all information and records pertaining to the patient's treatment;

(n) approve or refuse the release or disclosure of the contents of his/her medical record to any health-care practitioner and/or health-care facility except as required by law or third-party payment contract;

(o) access his/her medical record pursuant to the provisions of section 18 of the Public Health Law, and Subpart 50-3 of this Title;

(p) authorize those family members and other adults who will be given priority to visit consistent with your ability to receive visitors;

(q) when applicable, make known your wishes in regard to anatomical gifts. Persons sixteen years of age or older may document their consent to donate their organs, eyes and/or tissues, upon their death, by enrolling in the NYS Donate Life Registry or by documenting their authorization for organ and/or tissue donation in writing in a number of ways (such as health care proxy, will, donor card, or other signed paper). The health care proxy is available from the center;

(r) view a list of the health plans and the hospitals that the center participates with; and

(s) receive an estimate of the amount that you will be billed after services are rendered

N.Y. Comp. Codes R. & Regs. Tit. 10 § 751.9

Amended New York State Register January 9, 2019/Volume XLI, Issue 02, eff. 1/9/2019

Amended New York State Register November 13, 2019/Volume XLI, Issue 46, eff. 11/13/2019