(1) Before or upon admission or, in the case
of an outpatient, before treatment is begun, the patient shall be notified
orally and given a written copy of his or her rights in accordance with s.
51.61(1) (a),
Stats., and this chapter. Oral notification may be accomplished by showing the
patient a video about patient rights under s.
51.61, Stats., and this chapter.
The guardian of a patient who is incompetent and the parent of a minor patient
shall also be notified, if they are available. Notification is not required
before admission or treatment when there is an emergency.
Note: The statute does not make distinctions among types of
treatment facilities when it comes to protecting patients' rights. Some rights
may be more applicable to patients in inpatient facilities than to patients in
less restrictive facilities such as sheltered workshops or outpatient clinics.
When informing patients of their rights, facility directors may emphasize those
rights that are most applicable to the particular facility, program or services
but s. 51.61, Stats., requires
notification that other rights exist and may, under some circumstances, apply
in a given situation.
(2)
Before, upon or at a reasonable time after admission, a patient shall be
informed in writing, as required by s.
51.61(1) (w),
Stats., of any liability that the patient or any of the patient's relatives may
have for the cost of the patient's care and treatment and of the right to
receive information about charges for care and treatment services.
(3) Patients who receive services for an
extended period of time shall be orally re-notified of their rights at least
annually and be given another copy of their rights in writing if they request a
copy or if there has been a statutory change in any of their rights since the
time of their admission.
(4) If a
patient is unable to understand the notification of rights, written and oral
notification shall be made to the parent or guardian, if available, at the time
of the patient's admission or, in the case of an outpatient, before treatment
is begun, and to the patient when the patient is able to understand.
(5) All notification of rights, both oral and
written, shall be in language understood by the patient, including sign
language, foreign language or simplified language when that is necessary. A
simplified, printed version of patients rights shall be conspicuously posted in
each patient area.
Notes
Wis. Admin. Code Department
of Health Services
DHS 94.04
Cr. Register, January,
1987, No. 373, eff. 2-1-87; am. (1), renum. (2), (3) to be (4), (5), cr. (2),
(3), Register, June, 1996, No. 486, eff.
7-1-96.
A simplified version of patient rights in poster form is
available from the Division of Mental Health and Substance Abuse Services, P.O.
Box 7851, Madison, WI 53707 or at www.dhs.wisconsin.gov/clientrights [File Link
Not Available].
