Patient Bill of Rights
Public Policy Declaration
It is declared to be in public policy of this state that the interests of each patient be protected by a declaration of a patient’s bill of rights, which shall include but not be limited to the rights specified in this statement. Full statement of a Patient’s Bill of Rights is in the Supplement to the HealthEast Patient Information Handout.
- Information About Rights
Patients shall, at admission, be told that there are legal rights for their protection during their stay at the facility or throughout their course of treatment and maintenance in the community. Reasonable accommodations shall be made for those with communication impairments and those who speak a language other than English.
- Courteous Treatment
Patients have the right to be treated with courtesy and respect for their individuality by employees of or persons providing service in a health care facility.
- Appropriate Health Care
Patients shall have the right to appropriate medical and personal care based on individual needs. This right is limited where the service is not reimbursable by public or private resources.
- Physician’s Identity
Patients shall have or be given, in writing, the name, business address, telephone number, and specialty, if any, of the physician responsible for coordination of their care. Where it is medically inadvisable, as documented by the attending physician in a patient’s care record, the information shall be given to the patient’s guardian or other person designated by the patient as their representative.
- Relationship with other Health Services
Patients who receive services from an outside provider are entitled, upon request, to be told the identity of the provider. Information shall include the name of the outside provider, the address, and a description of the service rendered. Where it is medically inadvisable, as documented by the attending physician in a patient’s care record, the information shall be given to the patient’s guardian or other person designated by the patient as their representative.
- Information About Treatment
Patients shall be given complete and current information concerning their diagnosis, treatment, alternatives, risks, and prognosis as required by the physician’s legal duty to disclose. This information shall be in terms and language the patients can reasonably be expected to understand. A family member or other chosen representative may accompany patients. This information shall include the likely medical or major psychological results of the treatment and its alternatives. Where it is medically inadvisable, as documented by the attending physician in a patient’s medical record, the information shall be given to the patient’s guardian or other person designated by the patient as their representative. Individuals have the right to refuse this information.
- Participation in Planning Treatment; Notification of Family Members
Patients shall have the right to participate in the planning of their health care. This right includes the opportunity to discuss treatment and alternatives with individual caregivers, the opportunity to request and participate in formal care conferences, and the right to include a family member or other chosen representative. In the event that the patient cannot be present, a family member or other representative chosen by the patient may be included in such conferences.
If a patient who enters a facility is unconscious or comatose or is unable to communicate, the facility shall make reasonable efforts to notify either a family member or a person designated in writing by the patient as the person to contact in an emergency that the patient has been admitted to the facility. The facility shall allow the family member to participate in treatment planning, unless the facility knows or has reason to believe the patient has an effective advance directive to the contrary.
- Continuity of Care
Patients shall have the right to be cared for with reasonable regularity and continuity of staff assignment as far as facility policy allows.
- Right to Refuse Care
Competent patients shall have the right to refuse treatment based on the information required in Right No. 6 In cases where a patient is incapable of understanding the circumstances but has not been adjudicated incompetent, or when legal requirements limit the right to refuse treatment, the conditions and circumstances shall be fully documented by the attending physician in the patient’s medical record.
- Experimental Research
Written, informed consent must be obtained prior to patient’s participation in experimental research. Patients have the right to refuse participation. Both consent and refusal shall be documented in the individual care record.
- Freedom From Maltreatment
Patients shall be free from maltreatment as defined in the Vulnerable Adults Protection Act. “Maltreatment” means the intentional and non-therapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress. Every patient shall also be free from non-therapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by a patient’s physician for a specified and limited period of time, and only when necessary to protect the patient from self-injury or injury to others.
- Treatment Privacy
Patients shall have the right to respectfulness and privacy as it related to their medical and personal care program. Case discussion, consultation, examination and treatment are confidential and shall be conducted discreetly. Privacy shall be respected during toileting, bathing, and other activities of personal hygiene, except as needed for patient safety or assistance.
- Confidentiality of Records
Patients shall be assured confidential treatment of their personal and medical records, and may approve or refuse their release to any individual outside the facility. Copies of records and written information from the records shall be made available.
- Disclosure of Services Available
Patients shall be informed, prior to or at the time of admission and during their stay, of services, which are included in the facility’s basic daily room rate, and that other services are available at additional charges. Facilities shall make every effort to assist patients in obtaining information regarding whether the Medicare or Medical Assistance program will pay for any or all services.
- Responsive Service
Patients shall have the right to a prompt and reasonable response to their questions and requests.
- Personal Privacy
Patients shall have the right to every consideration of their privacy, individually, and cultural identity as related to their social, religious, and psychological well-being.
- Grievances
Patients shall be encouraged and assisted, throughout their stay in a facility or their course of treatment, to understand and exercise their rights as patients and citizens. Patients may voice grievances and recommend changes in policies and services to facility staff and others of their choice, free from restraint, interference, coercion, discrimination, or reprisal, including threat of discharge.
- Communication Privacy
Patients may talk privately with persons of their choice and enter and, except as provided by the Minnesota Commitment Act, leave the facility as they choose. Patients shall have access, at their expense, to writing instruments, stationery, and postage. There shall be access to a telephone where patients can make and receive calls as well as speak privately. Facilities, which are unable to provide a private area, shall make reasonable arrangements to accommodate the privacy of patients’ calls.
- Personal Property
Patients may retain and use their personal clothing and possessions as space permits, unless to do so would infringe upon the rights of other patients, and unless medically contraindicated for documented medical, safety, or programmatic reasons.
- Services for the Facility
Patients shall not perform labor or services for the facility unless those activities are included for therapeutic purposes and appropriately goal-related in their individual medical record.
- Protection and Advocacy Services
Patients shall have the right of reasonable access at reasonable times to any available rights protection services and advocacy services so that the patients may receive assistance in understanding, exercising, and protecting the rights described in this section and in other law. This right shall include the opportunity for private communication between the patient and a representative of the rights protections service or advocacy service.
- Right to Associate
Upon admission to a facility where federal law prohibits unauthorized disclosure of patient identifying information to callers and visitors, the patient, or the legal guardian or conservator of the patient, shall be given the opportunity to authorize disclosure of the patient’s presence in the facility to callers and visitors who may seek to communicate with the patient.
- Isolation and Restraints
A minor patient who has been admitted to a residential program has the right to be free from physical restraint and isolation except in emergency situations involving likelihood that the patient will physically harm the patient’s self or others. These procedures may not be used for disciplinary purposes, to enforce program rules, or for the convenience of staff. Isolation or restraint may be used only upon the prior authorization of a physician, psychiatrist, or licensed consulting psychologist, only when less restrictive measures are ineffective or not feasible and only for the shortest time necessary.
- Treatment Plan
A minor patient who has been admitted to a residential program as defined in Section 7 has the right to a written treatment plan that describes in behavioral terms the case problems, the precise goals of the plan, and the procedures that will be utilized to minimize the length of time that the minor requires inpatient treatment. The plan shall also state goals for release to less restrictive facility and follow-up treatment measures and services, if appropriate. To the degree possible, the minor patient and his or her parents or guardian shall be involved in the development of the treatment and discharge plan.
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