§ 23-17-19.1 - Rights of patients.
SECTION 23-17-19.1
§ 23-17-19.1 Rights of patients. –Every health care facility licensed under this chapter shall observe thefollowing standards and any other standards that may be prescribed in rules andregulations promulgated by the licensing agency with respect to each patientwho utilizes the facility:
(1) The patient shall be afforded considerate and respectfulcare.
(2) Upon request, the patient shall be furnished with thename of the physician responsible for coordinating his or her care.
(3) Upon request, the patient shall be furnished with thename of the physician or other person responsible for conducting any specifictest or other medical procedure performed by the health care facility inconnection with the patient's treatment.
(4) The patient shall have the right to refuse any treatmentby the health care facility to the extent permitted by law.
(5) The patient's right to privacy shall be respected to theextent consistent with providing adequate medical care to the patient and withthe efficient administration of the health care facility. Nothing in thissection shall be construed to preclude discreet discussion of a patient's caseor examination of appropriate medical personnel.
(6) The patient's right to privacy and confidentiality shallextend to all records pertaining to the patient's treatment except as otherwiseprovided by law.
(7) The health care facility shall respond in a reasonablemanner to the request of a patient's physician, certified nurse practitionerand/or a physician's assistant for medical services to the patient. The healthcare facility shall also respond in a reasonable manner to the patient'srequest for other services customarily rendered by the health care facility tothe extent the services do not require the approval of the patient's physician,certified nurse practitioner and/or a physician's assistant or are notinconsistent with the patient's treatment.
(8) Before transferring a patient to another facility, thehealth care facility must first inform the patient of the need for andalternatives to a transfer.
(9) Upon request, the patient shall be furnished with theidentities of all other health care and educational institutions that thehealth care facility has authorized to participate in the patient's treatmentand the nature of the relationship between the institutions and the health carefacility.
(10) Except as otherwise provided in this subparagraph, ifthe health care facility proposes to use the patient in any human subjectsresearch, it shall first thoroughly inform the patient of the proposal andoffer the patient the right to refuse to participate in the project.
(b) No facility shall be required to inform prospectively thepatient of the proposal and the patient's right to refuse to participate when:(i) the facility's human subjects research involves the investigation ofpotentially lifesaving devices, medications and/or treatments and the patientis unable to grant consent due to a life-threatening situation and consent isnot available from the agent pursuant to chapter 23-4.10 of the general laws orthe patient's decision maker if an agent has not been designated or anapplicable advanced directive has not been executed by the patient; and (ii)the facility's institutional review board approves the human subjects researchpursuant to the requirements of 21 CFR Part 50 and/or 45 CFR Part 46 (relatingto the informed consent of human subjects). Any health care facility engagingin research pursuant to the requirements of subparagraph (b) herein shall filea copy of the relevant research protocol with the department of health, whichfiling shall be publicly available.
(11) Upon request, the patient shall be allowed to examineand shall be given an explanation of the bill rendered by the health carefacility irrespective of the source of payment of the bill.
(12) Upon request, the patient shall be permitted to examineany pertinent health care facility rules and regulations that specificallygovern the patient's treatment.
(13) The patient shall be offered treatment withoutdiscrimination as to race, color, religion, national origin, or source ofpayment.
(14) Patients shall be provided with a summarized medicalbill within thirty (30) days of discharge from a health care facility. Uponrequest, the patient shall be furnished with an itemized copy of his or herbill. When patients are residents of state-operated institutions andfacilities, the provisions of this subsection shall not apply.
(15) Upon request, the patient shall be allowed the use of apersonal television set provided that the television complies withunderwriters' laboratory standards and O.S.H.A. standards, and so long as thetelevision set is classified as a portable television.
(16) No charge shall be made for furnishing a health recordor part of a health record to a patient, his or her attorney or authorizedrepresentative if the record or part of the record is necessary for the purposeof supporting an appeal under any provision of the Social Security Act, 42U.S.C. § 301 et seq., and the request is accompanied by documentation ofthe appeal or a claim under the provisions of the Workers' Compensation Act,chapters 29 – 38 of title 28. A provider shall furnish a health recordrequested pursuant to this section within thirty (30) days of the request.Further, for patients of school based health centers, the director isauthorized to specify by regulation an alternative list of age appropriaterights commensurate with this section.
(17) The patient shall have the right to have his or her painassessed on a regular basis.
(18) Notwithstanding any other provisions of this section,upon request, patients receiving care through hospitals, nursing homes,assisted living residences and home health care providers, shall have the rightto receive information concerning hospice care, including the benefits ofhospice care, the cost, and how to enroll in hospice care.