S.C. Code Regs. § ch. 61, 61-78, 61-78.1100

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-78.1100 - RIGHTS AND ASSURANCES (II)

A. The Hospice shall comply with all relevant federal, state, and local laws and regulations related to patient care and protections, such as, Title VI, Section 601 of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), and ensure that there is no discrimination with regard to source of payment, recruitment of potential patients, location of patients, or provision of care, treatment, and services to patients. Care shall not be discontinued or diminished due to the inability to pay for the care until provisions can be made for transfer of the patient.

B. The following rights shall be guaranteed to the patient, and, at a minimum, the Hospice shall provide the patient a written and oral explanation of these rights:

1. Hospice Services.

a. To be informed of care to be provided and the opportunity to participate in care and treatment and to be informed about, and updated on changes in condition;

b. To refuse to participate in experimental research;

c. To choose a physician or other authorized healthcare provider;

d. Confidentiality of patient records;

e. Respect and security for the patient's property and in a Hospice Facility for the patient to keep personal possessions as space permits, unless it interferes with the rights and safety of other patients.

f. Advance directive options;

g. Freedom from abuse (physical or mental), neglect, and exploitation;

h. Freedom from physical restraint through the use of medications unless they are prescribed by a doctor.

i. Respect and dignity in receiving care, including privacy in receiving treatment or personal care.

2. Hospice Facility Services.

a. To choose meals and food as desired.

b. Immediate access to family members, other relatives, or responsible party without restriction or unreasonable delay.

c. Privacy in visits, including the right to associate and communicate privately with people of the patient's choice, including spousal visits of a conjugal nature.

d. Receive visitors at any reasonable hour, including small children.

e. Privacy when sending or receiving mail. The Hospice shall not open and read mail without patient permission either when received or prior to being mailed.

f. To share a patient room, unless contraindicated by their attending physician.

g. To receive a refund based on the actual number of days a patient is physically in the Hospice Facility (along with bed-hold days). The patient or responsible party shall be informed of the refund policy in writing at the time of admission and shall be notified in writing anytime the policy is changed.

C. The Hospice shall inform the patient or responsible party in writing of the grievance procedure should the patient consider one or more of his or her rights violated. The Hospice shall include the address and phone number of the Department in the grievance procedure.

D. The patient rights, the grievance procedure and other notices as required by law shall be prominently displayed in public areas of the Hospice Facility.

E. Patients being transferred or discharged for medical reasons or for the welfare of the patients or the welfare of other staff or patients must be given written notice of not less than ten (10) days prior to transfer or discharge. When the health, safety, or well-being of the patient or other patients in the facility would be endangered by the ten (10) day notice requirement, the time for giving notice shall be that which is practicable under the circumstances. A patient being transferred or discharged due to a change in his or her condition and who no longer qualifies for hospice care shall be given written notice of not less than forty-eight (48) hours.

F. The Hospice shall not retaliate against a patient who exercises his or her right to complain about a violation of his or her rights, such as, increasing charges, decreasing the services received; taking away any privileges; use of abuse, threatening language, or trying to force a patient to discontinue Hospice care or leave a Hospice Facility.

S.C. Code Regs. ch. 61, 61-78, 61-78.1100

Replaced and amended by State Register Volume 40, Issue No. 04, eff. 4/22/2016.