N.Y. Public Health Law § 2803-c: Rights of patients in certain medical facilities

§ 2803-c. Rights of patients in certain medical facilities. 1. The

principles enunciated in subdivision three hereof are declared to be the

public policy of the state and a copy of such statement of rights and

responsibilities shall be posted conspicuously in a public place in each

facility covered hereunder.

2. The commissioner shall require that every nursing home and facility

providing health related service, as defined in subdivision two and

paragraph (b) of subdivision four of section twenty-eight hundred one of

this article, shall adopt and make public a statement of the rights and

responsibilities of the patients who are receiving care in such

facilities, and shall treat such patients in accordance with the

provisions of such statement.

3. Said statement of rights and responsibilities shall include, but

not be limited to the following:

a. Every patient's civil and religious liberties, including the right

to independent personal decisions and knowledge of available choices,

shall not be infringed and the facility shall encourage and assist in

the fullest possible exercise of these rights.

b. Every patient shall have the right to have private communications

and consultations with his or her physician, attorney, and any other

person.

c. Every patient shall have the right to present grievances on behalf

of himself or herself or others, to the facility's staff or

administrator, to governmental officials, or to any other person without

fear of reprisal, and to join with other patients or individuals within

or outside of the facility to work for improvements in patient care.

d. Every patient shall have the right to manage his or her own

financial affairs, or to have at least a quarterly accounting of any

personal financial transactions undertaken in his or her behalf by the

facility during any period of time the patient has delegated such

responsibilities to the facility.

e. Every patient shall have the right to receive adequate and

appropriate medical care, to be fully informed of his or her medical

condition and proposed treatment unless medically contraindicated, and

to refuse medication and treatment after being fully informed of and

understanding the consequences of such actions.

f. Every patient shall have the right to have privacy in treatment and

in caring for personal needs, confidentiality in the treatment of

personal and medical records, and security in storing personal

possessions.

g. Every patient shall have the right to receive courteous, fair, and

respectful care and treatment and a written statement of the services

provided by the facility, including those required to be offered on an

as-needed basis.

h. Every patient shall be free from mental and physical abuse and from

physical and chemical restraints, except those restraints authorized in

writing by a physician for a specified and limited period of time or as

are necessitated by an emergency in which case the restraint may only be

applied by a qualified licensed nurse who shall set forth in writing the

circumstances requiring the use of restraint and in the case of use of a

chemical restraint a physician shall be consulted within twenty-four

hours.

i. A statement of the facility's regulations and an explanation of the

patient's responsibility to obey all reasonable regulations of the

facility and to respect the personal rights and private property of the

other patients.

j. A statement that should the patient be adjudicated incompetent and

not be restored to legal capacity, or if a conservator should be

appointed for the patient, the above rights and responsibilities shall

be exercised by the appointed committee or conservator in a

representative capacity.

k. Every patient shall have the right to receive upon request kosher

food or food products prepared in accordance with sections two hundred

one-a, two hundred one-b and two hundred one-c of the agriculture and

markets law.

k-1. Every patient shall have the right to receive upon request halal

food or food products prepared in accordance with sections two hundred

one-e, two hundred one-f and two hundred one-g of the agriculture and

markets law.

l. Pursuant to regulations promulgated by the commissioner, no

facility or individual and no general hospital providing medical care to

persons having been admitted from such facilities or from adult care

facilities covered by the provisions of section four hundred sixty-one-b

of the social services law, or to applicants for readmission to such

facilities or to adult care facilities covered by the provisions of

section four hundred sixty-one-b of the social services law, shall

restrict or prohibit the access to the facility or general hospital nor

interfere with the performance of the official duties, including

confidential visits with residents, of duly designated persons

participating in the long term care ombudsman program as provided for in

section two hundred eighteen of the elder law.

m. Pursuant to regulations promulgated by the commissioner in

consultation with the director of the office for the aging, no facility

shall restrict or prohibit access by records access ombudsmen specially

designated under section five hundred forty-four of the executive law to

the medical or personal records of any patient or resident if such

patient or resident, or, where appropriate, committee for an

incompetent, has given express written consent to such disclosure;

provided, however, that (i) in the case of medical records, disclosure

may be exclusive of the personal notes of the physician as defined in

such regulations and (ii) access may be limited to such times as may be

specified in such regulations. Such records shall be made available by a

member or members of the facility's staff who shall be designated by the

facility to provide access to and, where necessary, interpretation of

such records to such records access ombudsman, who shall have the right

to photocopy such records. The facility may charge a reasonable fee for

photocopying pursuant to such regulations. Disclosure to a records

access ombudsman of records of any patient or resident pursuant to the

written consent of such patient or resident shall not give rise to any

claim against the facility, its staff, or the patient's or resident's

physician based solely on the fact of such disclosure pursuant to such

written consent. Nothing in this paragraph shall be construed to limit

or abridge any right of access to records, including financial records,

otherwise available to ombudsmen, patients or residents, or any other

person.

n. Pursuant to regulations promulgated by the commissioner in

consultation with the director of the office for the aging, no facility

or individual shall retaliate or take reprisals against any resident,

employee, or other person for having filed a complaint with, or having

provided information to, any long term care patient ombudsman

functioning in accordance with section five hundred forty-four or five

hundred forty-five of the executive law, nor shall any facility or

individual interfere with the official duties of any such ombudsman.

Such regulations shall provide for appropriate sanctions with respect to

such retaliation, reprisals, or interference.

(o) Every patient shall have the right to authorize those family

members and other adults who will be given priority to visit consistent

with the patient's or resident's ability to receive visitors.

p. A statement informing the patient of his or her right to make

organ, tissue or whole body donations, and the means by which the

patient may make such a donation. The commissioner shall promulgate any

rules and regulations necessary to implement the provisions of this

paragraph.

q. A statement indicating the policy of the facility regarding the

granting of physician privileges to residents.

r. Every patient shall have the right to remain in care unless the

patient is appropriately discharged or transferred in accordance with

section two thousand eight hundred three-z of this article and a

residential health care facility shall not attempt to compel or

retaliate against an individual that chooses to remain in care.

4. Each facility shall give a copy of the statement to each patient at

or prior to the time of admission to the facility, or to the appointed

personal representative at the time of appointment and to each member of

the facility's staff.

5. Each facility shall prepare a written plan and provide appropriate

staff training to implement each patient's right included in the

statement.

6. The department shall translate and make available to all facilities

the statement in the ten most common non-English languages spoken by

individuals with limited-English proficiency in New York state as based

on the most recent United States census. Each facility shall post and

make available copies of said statement for residents under subdivisions

one, two, and four of this section.