There should be a statutory law that grants a set of uniform rights to all patients based off of 42 CFR § 482.13 which currently only grants a set of rights exclusively to Medicare and Medicaid beneficiaries. The rights under that regulation that should be in the new law to all patients who are not beneficiaries of Medicare or Medicaid are as follows:
A hospital shall protect and promote each patient’s rights.
(a) Standard: Notice of rights.
(1) A hospital shall inform each patient, or when appropriate, the patient’s representative (as allowed under State law), of the patient’s rights, in advance of furnishing or discontinuing patient care whenever possible.
(2) The hospital shall establish a process for prompt resolution of patient grievances and shall inform each patient whom to contact to file a grievance. The hospital’s governing body shall approve and be responsible for the effective operation of the grievance process and shall review and resolve grievances, unless it delegates the responsibility in writing to a grievance committee. The grievance process shall include a mechanism for timely referral of patient concerns regarding quality of care or premature discharge to the appropriate Utilization and Quality Control Quality Improvement Organization. At a minimum:
(i) The hospital shall establish a clearly explained procedure for the submission of a patient’s written or verbal grievance to the hospital.
(ii) The grievance process shall specify time frames for review of the grievance and the provision of a response.
(iii) In its resolution of the grievance, the hospital shall provide the patient with written notice of its decision that contains the name of the hospital contact person, the steps taken on behalf of the patient to investigate the grievance, the results of the grievance process, and the date of completion.
(b) Standard: Exercise of rights.
(1) The patient shall have the right to participate in the development and implementation of his or her plan of care.
(2) The patient or his or her representative (as allowed under State law) shall have the right to make informed decisions regarding his or her care. The patient’s rights include being informed of his or her health status, being involved in care planning and treatment, and being able to request or refuse treatment. This right shall not be construed as a mechanism to demand the provision of treatment or services deemed medically unnecessary or inappropriate.
(3) The patient shall have the right to formulate advance directives and to have hospital staff and practitioners who provide care in the hospital comply with these directives, in accordance with § 489.100 of this part (Definition), § 489.102 of this part (Requirements for providers), and § 489.104 of this part (Effective dates).
(4) The patient shall have the right to have a family member or representative of his or her choice and his or her own physician notified promptly of his or her admission to the hospital.
(c) Standard: Privacy and safety.
(1) The patient shall have the right to personal privacy.
(2) The patient shall have the right to receive care in a safe setting.
(3) The patient shall have the right to be free from all forms of abuse or harassment.
(d) Standard: Confidentiality of patient records.
(1) The patient shall have the right to the confidentiality of his or her clinical records.
(2) The patient shall have the right to access their medical records, including current medical records, upon an oral or written request, in the form and format requested by the individual, if it is readily producible in such form and format (including in an electronic form or format when such medical records are maintained electronically); or, if not, in a readable hard copy form or such other form and format as agreed to by the facility and the individual, and within a reasonable time frame. The hospital shall not frustrate the legitimate efforts of individuals to gain access to their own medical records and shall actively seek to meet these requests as quickly as its record keeping system permits.
(e) Standard: Restraint or seclusion. All patients shall have the right to be free from physical or mental abuse, and corporal punishment. All patients shall have the right to be free from restraint or seclusion, of any form, imposed as a means of coercion, discipline, convenience, or retaliation by staff. Restraint or seclusion may only be imposed to ensure the immediate physical safety of the patient, a staff member, or others and shall be discontinued at the earliest possible time.