Okla. Admin. Code § 310:661-5-4.1 - Additional rights of the patient
(a)
General. The patient has the right to be informed of his or her
rights, and the hospice must protect and promote the exercise of these
rights.
(b)
Notice of rights
and responsibilities.
(1) During the
initial assessment visit in advance of furnishing care the hospice must provide
the patient or representative with verbal and written notice of the patient's
rights and responsibilities in a language and manner that the patient
understands.
(2) The hospice must
inform and distribute written information to the patient concerning its
policies on advance directives, including a description of applicable State
law.
(3) The hospice must obtain
the patient's or representative 's signature confirming that he or she has
received a copy of the notice of rights and
responsibilities.
(c)
Exercise of rights and respect for property and person.
(1) The patient has the right:
(A) To exercise his or her rights as a
patient of the hospice;
(B) To have
his or her property and person treated with respect;
(C) To voice grievances regarding treatment
or care that is (or fails to be) furnished and the lack of respect for property
by anyone who is furnishing services on behalf of the hospice; and
(D) To not be subjected to discrimination or
reprisal for exercising his or her rights.
(2) If a patient has been adjudged
incompetent under state law by a court of proper jurisdiction, the rights of
the patient are exercised by the person appointed pursuant to state law to act
on the patient's behalf.
(3) If a
state court has not adjudged a patient incompetent, any legal representative
designated by the patient in accordance with state law may exercise the
patient's rights to the extent allowed by state law.
(4) The hospice must:
(A) Ensure that all alleged violations
involving mistreatment, neglect, or verbal, mental, sexual, and physical abuse,
including injuries of unknown source, and misappropriation of patient property
by anyone furnishing services on behalf of the hospice, are reported
immediately by hospice employees and contracted staff to the hospice
administrator;
(B) Immediately
investigate all alleged violations involving anyone furnishing services on
behalf of the hospice and immediately take action to prevent further potential
violations while the alleged violation is being verified. Investigations and/or
documentation of all alleged violations shall be conducted in accordance with
established procedures;
(C) Take
appropriate corrective action in accordance with state law if the alleged
violation is verified by the hospice administration or an outside body having
jurisdiction, such as the State survey agency or local law enforcement agency;
and
(D) Ensure that verified
violations are reported to State and local bodies having jurisdiction
(including to the State survey and certification agency) within 5 working days
of becoming aware of the violation.
(d)
Rights of the patient. The
patient has a right to the following:
(1)
Receive effective pain management and symptom control from the hospice for
conditions related to the terminal illness;
(2) Be involved in developing his or her
hospice plan of care;
(3) Refuse
care or treatment;
(4) Choose his
or her attending physician ;
(5)
Have a confidential clinical record. Access to or release of patient
information and clinical records is permitted in accordance with State and
Federal law.
(6) Be free from
mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including
injuries of unknown source, and misappropriation of patient property;
(7) Receive information about the services
covered under the hospice benefit; and
(8) Receive information about the scope of
services that the hospice will provide and specific limitations on those
services.
Notes
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