Patient Rights

PATIENT RIGHTS AND RESPONSIBILITIES

You have the right:

  • Be informed about your rights and responsibilities as a patient before receiving or discontinuing patient care whenever possible.
  • Make informed decisions and participate in the development and implementation of your plan of care.
  • Have your personal and medical information kept confidential. The patient may approve or refuse record release to any individual outside the facility, except, in case of his/her transfer to another health care provider, or as required by law or third-party payment contract.
  • Request treatment that is medically appropriate or to refuse medical treatment to the extent permitted by law and be informed of medical consequences of refusing the treatment.
  • Choose a personal physician
  • Be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the patient’s well being.
  • Be free from all forms of abuse or harassment.
  • Have an advance directive that states your treatment choices if you can’t speak for yourself and have staff and practitioners who provide care; comply with your advance directive in accordance with federal and state laws. You will be informed in the event that your advance directive can not be followed for any reason.
  • File a patient grievance by completing a grievance form with is available from any employee.
  • The Nebraska Department of Health and Human Services is also available to address patient issues at (402) 471-0316. The facility must provide immediate access to any representative of the Secretary of the Department of Health and Human Services.
  • The prompt resolution of a grievance.
  • Receive care that is respectful of your physical, psychological, cultural, spiritual and family needs in an environment that is safe and healthful and provided by competent personnel.
  • Receive treatment that includes prevention or adequate relief of pain.
  • Expect that CMC will provide necessary health services to the best of its capability or facilitate referral or transfer.
  • Access the information in your medical records within a reasonable time frame.
  • Know the financial implications of your treatment choices and to have your bill and available payment methods explained.
  • If you have an emergency medical condition or are in labor, you have the right to receive, within the capabilities of the medical staff and facilities, an appropriate medical screening examination, necessary stabilizing treatment (including treatment for an unborn child) and if necessary, an appropriate transfer to another facility even if you cannot pay or do not have medical insurance or you are not entitled to Medicare or Medicaid.
  • Be free from restraints of any form or seclusion that is not medically necessary. Seclusion or a restraint can only be used if needed to improve your well-being and less restrictive interventions have been determined to be ineffective or in emergency situations if needed to ensure your physical safety and less restrictive interventions have been determined to be ineffective.
  • To receive visitors whom you designate, including, but not limited to: a spouse, a domestic partner (including a same-sex domestic partner), another family member, or a friend. You may withdraw or deny such consent at any time.

Swing Bed Patients:

  • The facility must inform you both orally and in writing in a language that you understand of your rights and all rules and regulations governing patient conduct and responsibilities during the stay in the facility. Such notification must be made prior to or upon admission and during the patient’s stay. Receipt of such information, and any amendments to it, must be acknowledged in writing.
  • Upon an oral or written request, to access all records pertaining to him or herself including current clinical records within 24 hours (excluding weekends and holidays).
  • After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or any portions of them upon request and 2 working days advance notice to the facility.
  • To be fully informed in  language that he or she can understand of his/her total health status, including but not limited to, his or her medical condition;
  • To refuse treatment, to refuse to participate in experimental research, and to formulate an advance directive. An advance directive [a living will (also called a Rights of the Terminally Ill Declaration) or a power of attorney for health care] states your treatment choices if you can’t speak for yourself.
  • The facility must inform each patient who is entitled to Medicaid benefits, in writing, at the time of admission to the nursing facility or, when the patient becomes eligible for Medicaid of the items and services that are included in facility services under the State plan and for which the patient must not be charged; those other items and services that the facility offers and for which the patient may be charged, and the amount of charges for those services; and when changes are made to the items and services.
  • The facility must inform each patient before, or at the time of admission, and periodically during the patient’s stay, of services available in the facility and of charges for those services, including any charges for services not covered under Medicare or by the facility’s per diem rate.
  • Choose a personal attending Practitioner.
  • Be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the patient’s well-being.
  • Unless adjudged incompetent or otherwise found to be incapacitated under the laws of the State, participate in planning care and treatment or changes in care and treatment.
  • To personal privacy and confidentiality of his or her personal and clinical records. Personal privacy includes accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and patient groups, but this does not require the facility to provide a private room for each patient.
  • The patient may approve or refuse the release of personal and clinical records to any individual outside the facility. This does not apply when the patient is transferred to another health care institution or record release is required by law.
  • To refuse to perform services for the facility.
  • To perform services for the facility, if he or she chooses, when the facility has documented the need or desire for work in the plan of care; the plan specifies the nature of the services performed and whether the services are voluntary or paid; compensation for paid services is at or above prevailing rates; and the patient agrees to the work arrangement described in the plan of care.
  • To privacy in written communications, including the right to send and promptly receive mail that is unopened; and have access to stationery, postage, and writing implements at the patient’s own expense.
  • The patient has a right and the facility must provide immediate access to any patient of the following: Immediate family or other relatives of the patient (Subject to the patient’s right to deny or withdraw consent at any time); and others who are visiting with the consent of the patient (Subject to reasonable restrictions and the patient’s right to deny or withdraw consent at any time).
  • To retain and use personal possessions, including some furnishings, and appropriate clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other patients.
  • To share a room with his or her spouse when married patients live in the same facility and both spouses consent to the arrangement.
  • The facility must permit each patient to remain in the facility, and not transfer or discharge the patient from the facility unless the transfer or discharge is necessary for the patient’s welfare and the patient’s needs cannot be met in the facility; the transfer or discharge is appropriate because the patient’s health has improved sufficiently so that the patient no longer needs the services provided by the facility; the safety of individuals in the facility is endangered; the health of individuals in the facility would otherwise be endangered; the patient has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility. For a patient who becomes eligible for Medicaid after admission to a facility, the facility may charge a patient only allowable charges under Medicaid; or the facility ceases to operate.
  • Before a facility transfers or discharges a patient, the facility must notify the patient and, if known, a family member or legal representative of the patient of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand. Record the reasons in the patient’s clinical record.
  • The notice of transfer or discharge must be made by the facility at least 30 days before the patient is transferred or discharged. Notice may be made as soon as practicable before transfer or discharge when the safety of individuals in the facility would be endangered; the health of individuals in the facility would be endangered; the patient’s health improves sufficiently to allow a more immediate transfer or discharge; an immediate transfer or discharge is required by the patient’s urgent medical needs; or the patient has not resided in the facility for 30 days.
  • The written notice must include the following: The reason for transfer or discharge; the effective date of transfer or discharge; the location to which the patient is transferred or discharged; a statement that the patient has the right to appeal the action to the State; the name, address and telephone number of the State long term care ombudsman; for facility patients with developmental disabilities, the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under Part C of the Developmental Disabilities Assistance and Bill of Rights Act; and for facility patients who are mentally ill, the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under the Protection and Advocacy for Mentally Ill Individuals Act.
  • A facility must provide sufficient preparation and orientation to patients to ensure safe and orderly transfer or discharge from the facility.
  • To be free from any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the patient’s medical symptoms.
  • To be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.
  • To receive visitors whom you designate, including, but not limited to: a spouse, a domestic partner (including a same-sex domestic partner), another family member, or a friend. You may withdraw or deny such consent at any time.  

Along with your rights go responsibilities. You have the responsibility to:

  • Read this Rights and Responsibilities Form or request it be read to you.
  • Ask questions about those parts you do not understand.
  • Provide accurate and complete information about current illnesses, medication, any pain or discomfort, past complaints, hospitalizations and other matters related to your health.
  • Provide a copy of your written advance directives or ask a staff member if you would like more information about advance directives.
  • Report unexpected changes in your condition to your practitioner or nurse.
  • Follow the treatment plan that you and your practitioner agreed on or accept responsibility if you do not follow this plan.
  • Follow CMC rules and regulations and respect property, materials and equipment belonging to other people and to the facility.
  • Keep your belongings in a safe place; CMC is not responsible for replacing lost or broken items.
  • Consider the rights of others regarding noise, lights, telephone, television and visitors.
  • Ensure payment of the healthcare bill is made promptly and completely.

 Community Medical Center does not discriminate on the basis of race, creed, color, sex, national origin, religion, age, disability, gender identity, sexual orientation, the presence or absence of any communicable diseases, marital or veteran status or any other protected class under relevant federal or state law in the employment of personnel or in the admission, placement, method of payment, treatment of patients or patient visitation privileges.                                   OD: Unknown
RD: 7/01, 5/04, 3/08, 11/09, 1/11