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Patient's Bill of Rights

Firm Profile
"JUSTICE IN RED" Description: The shield of innocence, the guard of truth. Justice and equity portrayed, as they are throughout history, as innate attributes of the feminine nature.

Original painting by Trevor Goring in the private collection of Powers & Santola, LLP.

As a patient in a hospital in New York State, you have the right, consistent with law, to:

  1. Understand and use these rights. If for any reason you do not understand or you need help, the hospital MUST provide assistance, including an interpreter.

  2. Receive treatment without discrimination as to race, color, religion, sex, national origin, disability, sexual orientation or source of payment.

  3. Receive considerate and respectful care in a clean and safe environment free of unnecessary restraints.

  4. Receive emergency care if you need it.

  5. Be informed of the name and position of the doctor who will be in charge of your care in the hospital.

  6. Know the names, positions and functions of any hospital staff involved in your care and refuse their treatment, examination or observation.

  7. A no smoking room.

  8. Receive complete information about your diagnosis, treatment and prognosis.

  9. Receive all the information that you need to give informed consent for any proposed procedure or treatment. This information shall include the possible risks and benefits of the procedure or treatment.

  10. Receive all the information you need to give informed consent for an order not to resuscitate. You also have the right to designate an individual to give this consent for you if you are too ill to do so. If you would like additional information, please ask for a copy of the pamphlet "Do Not Resuscitate Orders -- A Guide for Patients and Families."

  11. Refuse treatment and be told what effect this may have on your health.

  12. Refuse to take part in research. In deciding whether or not to participate, you have the right to a full explanation.

  13. Privacy while in the hospital and confidentiality of all information and records regarding your care.

  14. Participate in all decisions about your treatment and discharge from the hospital. The hospital must provide you with a written discharge plan and written description of how you can appeal your discharge.

  15. Review your medical record without charge. Obtain a copy of your medical record for which the hospital can charge a reasonable fee. You cannot be denied a copy solely because you cannot afford to pay.

  16. Receive an itemized bill and explanation of all charges.

  17. Complain without fear of reprisals about the care and services you are receiving and to have the hospital respond to you and if you request it, a written response. If you are not satisfied with the hospital's response, you can complain to the New York State Health Department. The hospital must provide you with the Health Department telephone number.

  18. Authorize those family members and other adults who will be given priority to visit consistent with your ability to receive visitors.

  19. Make known your wishes in regard to anatomical gifts. You may document your wishes in your health care proxy or on a donor card, available from the hospital.

Public Health Law( PHL) 2803 (1)( g) Patient’s Rights, 10NYCRR, 405.7,405.7( a)( 1), 405.7(c)

 

Federal Patients’ Bill of Rights

  1. Information Disclosure
    You have the right to receive accurate and easily understood information about your health plan, health care professionals, and health care facilities. If you speak another language, have a physical or mental disability, or just don’t understand something, assistance will be provided so you can make informed health care decisions.

  2. Choice of Providers and Plans
    You have the right to a choice of health care providers that is sufficient to provide you with access to appropriate high-quality health care.

  3. Access to Emergency Services
    If you have sever pain, an injury, or sudden illness that convinces you that your health is in serious jeopardy, you have the right to receive screening and stabilization emergency services whenever and wherever needed, without prior authorization or financial penalty.

  4. Participation in Treatment Decisions
    You have the right to know all your treatment options and to participate in decisions about your care. Parents, guardians, family members, or other individuals that you designate can represent you if you cannot make your own decisions.

  5. Respect and Nondiscrimination
    You have a right to considerate, respectful and nondiscriminatory care from your doctors, health plan representatives, and other health care providers.

  6. Confidentiality of Health Information
    You have the right to talk in confidence with health care providers and to have your health care information protected. You also have the right to review and copy your own medical record and request that your physician amend your record if it is not accurate, relevant, or complete.

  7. Complaints and Appeals
    You have the right to a fair, fast, and objective review of any compliant you have against your health plan, doctors, hospitals or other health care personnel. This includes complaints about waiting times, operating hours, the conduct of health care personnel, and the adequacy of health care facilities.



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