N.Y. Comp. Codes R. & Regs. tit. 9 § 7410.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7410.4 - Residents' rights as patients

(a) Consistent with the requirements of this Part, OCFS shall afford resident patients the right to:

(1) considerate and respectful care;

(2) obtain, upon request, the name of the physician responsible for coordinating their care;

(3) the name and function of any person providing health care services to the resident;

(4) obtain from the agency medical director or designee current information concerning a resident's diagnosis, treatment and prognosis in terms the resident can reasonably be expected to understand. When it is not medically advisable to give such information to the resident, the information shall be made available to an appropriate person on behalf of the resident;

(5) receive from the physician or qualified health professional information necessary for the resident, parent or legal guardian to give informed consent prior to the start of any procedure or treatment involving a non-emergency treatment procedure or surgery, diagnostic procedure, or medical test which involves invasion or disruption of the physical integrity of the body. Such information shall include, at a minimum: the specific procedure, treatment, or medical test, the reasonably foreseeable risks involved, and alternatives to care and treatment, if any;

(6) refuse treatment, diagnostic procedures, and medical tests to the extent permitted by law and to be informed of the medical consequences of this action;

(7) privacy, to the extent consistent with providing adequate medical care to the resident and consistent with the safety and good order of the facility; and

(8) privacy and confidentiality of all records pertaining to the resident's treatment, except as otherwise provided by law and consistent with the safety and good order of the facility.

(b) No punitive action shall be taken against any resident based exclusively upon their request for health care services, or exclusively upon assertion of the rights set forth in subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7410.4

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018