Patient Bill of Rights

Subd. 1. Legislative intent.

It is the intent of the legislature and the purpose of this section to promote the interests and well being of the patients and residents of health care facilities. No health care facility may require a patient or resident to waive these rights as a condition of admission to the facility.

Any guardian or conservator of a patient or resident or, in the absence of a guardian or conservator, an interested person, may seek enforcement of these rights on behalf of a patient or resident. An interested person also may seek enforcement of these rights on behalf of a patient or resident who has a guardian or conservator through administrative agencies or in district court having jurisdiction over guardianships and conservatorships.

Pending the outcome of an enforcement proceeding the health care facility may, in good faith, comply with the instructions of a guardian or conservator. It is the intent of this section that every patient’s civil and religious liberties, including the right to independent personal decisions and knowledge of available choices, shall not be infringed and that the facility shall encourage and assist in the fullest possible exercise of these rights.

Subd. 2. Definitions.

For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, “patient” also means a person who receives health care services at an outpatient surgical center.

Subd. 4. Information about rights.

Patients shall, at admission, be told that there are legal rights for their protection during their stay at the facility or throughout their course of treatment and maintenance in the community and that these are described in an accompanying written statement of the applicable rights and responsibilities set forth in this section. Reasonable accommodations shall be made for those with communication impairments and those who speak a language other than English.

Current facility policies, inspection findings of state and local health authorities, and further explanation of the written statement of rights shall be available to patients, their guardians or their chosen representatives upon reasonable request to the administrator or other designated staff person, consistent with chapter 13, the Data Practices Act, and section 626.557, relating to vulnerable adults.

Subd. 5. Courteous treatment.

Patients have the right to be treated with courtesy and respect for their individuality by employees of or persons providing service in a health care facility.

Subd. 6. Appropriate health care.

Patients shall have the right to appropriate medical and personal care based on individual needs.

Subd. 7. Physician’s identity.

Patients shall have or be given, in writing, the name, business address, telephone number and specialty, if any, of the physician responsible for coordination of their care.

In cases where it is medically inadvisable, as documented by the attending physician in a patient’s care record, the information shall be given to the patient’s guardian or other person designated by the patient as a representative. Patients have the right to change providers if other qualified providers are available, assistance will be provided upon request of this change.

Subd. 8. Relationship with other health services.

Patients who receive services from an outside provider are entitled, upon request, to be told the identity of the provider. Information shall include the name of the outside provider, the address and a description of the service which may be rendered. In cases where it is medically inadvisable, as documented by the attending physician in a patient’s care record, the information shall be given to the patient’s guardian or other person designated by the patient as a representative.

Subd. 9. Information about treatment.

Patients shall be given by their physicians complete and current information concerning their diagnosis, treatment, alternatives, risks and prognosis as required by the physician’s legal duty to disclose. This information shall be in terms and language the patients can reasonably be expected to understand. Patients may be accompanied by a family member or other chosen representative. This information shall include the likely medical or major psychological results of the treatment and its alternatives.

In cases where it is medically inadvisable, as documented by the attending physician in a patient’s medical record, the information shall be given to the patient’s guardian or other person designated by the patient or resident as a representative. Individuals have the right to refuse this information.

Every patient suffering from any form of breast cancer shall be fully informed, prior to or at the time of admission and during her stay, of all alternative effective methods of treatment of which the treating physician is knowledgeable, including surgical, radiological or chemotherapeutic treatments or combinations of treatments and the risks associated with each of those methods.

Subd. 12. Right to refuse care.

Competent patients shall have the right to refuse treatment based on the information required in subdivision 9.

In cases where a patient is incapable of understanding the circumstances but has not been adjudicated incompetent, or when legal requirements limit the right to refuse treatment, the conditions and circumstances shall be fully documented by the attending physician in the patient’s medical record.

Subd. 13. Experimental research.

Written, informed consent must be obtained prior to a patient’s participation in experimental research. Patients have the right to refuse participation. Both consent and refusal shall be documented in the individual care record.

Subd. 15. Treatment privacy.

Patients shall have the right to respectfulness and privacy as it relates to their medical and personal care program. Case discussion, consultation, examination and treatment are confidential and shall be conducted discreetly. Privacy shall be respected during toileting, bathing and other activities of personal hygiene, except as needed for patient safety or assistance.

Subd. 16. Confidentiality of records.

Patients shall be assured confidential treatment of their personal and medical records and may approve or refuse their release to any individual outside the facility. Copies of records and written information from the records shall be made available in accordance with this subdivision and section 144.335. This right does not apply to complaint investigations and inspections by the Department of Health, where required by third party payment contracts, or where otherwise provided by law.

Subd. 18. Responsive service.

Patients shall have the right to a prompt and reasonable response to their questions and requests.

Subd. 19. Personal privacy.

Patients shall have the right to every consideration of their privacy, individuality and cultural identity as related to their social, religious and psychological well-being.

Facility staff shall respect the privacy of a resident’s room by knocking on the door and seeking consent before entering, except in an emergency or where clearly inadvisable.

Subd. 20. Grievances.

Patients shall be encouraged and assisted, throughout their stay in a facility or their course of treatment, to understand and exercise their rights as patients and citizens. Patients may voice grievances and recommend changes in policies and services to facility staff and others of their choice, free from restraint, interference, coercion, discrimination or reprisal, including threat of discharge. Notice of the grievance procedure of the facility or program, as well as addresses and telephone numbers for the Office of Health Facility Complaints and the area nursing home ombudsman pursuant to the Older Americans Act, section 307(a)(12) shall be posted in a conspicuous place.

Compliance by outpatient surgery centers with section 144.69 and compliance by health maintenance organizations with section 62D.11 is deemed to be compliance with the requirement for a written internal grievance procedure.

The Monticello Surgery Center is certified by the Centers for Medicare and Medicaid Services. Additional ambulatory surgery center (ASC) patient rights are listed below:

§416.50. Condition for coverage – patient rights.

The ASC must inform the patient or the patient’s representative of the patient’s rights and must protect and promote the exercise of such rights.

§416.50(a)(1). Standard: Notice of rights.

(1) The ASC must provide the patient or the patient’s representative with verbal and written notice of the patient’s rights in advance of the date of the procedure, in a language and manner that the patient or the patient’s representative understands […]

§416.50(a). Standard: Notice of rights.

(1)[…] In addition, the ASC must – (i) Post written notice of patient rights in a place or places within the ASC likely to be noticed by patients (or their representatives, if applicable) waiting for treatment. The ASC’s notice of rights must include the name, address and telephone number of a representative in the State agency to whom patients can report complaints, as well as the web site for the Office of the Medicare Beneficiary Ombudsman.

§416.50(a)(3). Standard: Submission and investigation of grievances.

(ii) All alleged violations/grievances relating, but not limited to, mistreatment, neglect, verbal, mental, sexual or physical abuse, must be fully documented.

(iii) All allegations must be immediately reported to a person in authority in the ASC.

(iv) Only substantiated allegations must be reported to the State authority or the local authority or both.

§416.50(b). Standard: Exercise of rights and respect for property and person.

(4) If a patient is adjudged incompetent under applicable State health and safety laws by a court of proper jurisdiction, the rights of the patient are exercised by the person appointed under State law to act on the patient’s behalf.

(5) If a State court has not adjudged a patient incompetent, any legal representative designated by the patient in accordance with State law may exercise the patient’s rights to the extent allowed by State law.

§416.50(c). Standard: Privacy and safety.

The patient has the right to – (2) Receive care in a safe setting.

§416.50(c). Standard: Privacy and safety.

The patient has the right to – (3) Be free from all forms of abuse or harassment.

IF YOU HAVE A COMPLAINT ABOUT THE AGENCY OR PERSON PROVIDING YOU OUTPATIENT SURGICAL SERVICES, YOU MAY CALL, WRITE, EMAIL OR VISIT :

Monticello Surgery Center
1013 Hart Boulevard, Suite 2
Monticello, MN 55362
763-271-3600
Fax: 763-271-3610

Office of Health Facility Complaints
Minnesota Department of Health
85 East Seventh Place, Suite 300
P.O. Box 64970
St. Paul, MN 55164-0970
651-201-4201
800-369-7994
Fax: 651-281-9796

Ombudsman for Long-Term Care
P.O. Box 64971
St. Paul, MN 55164-0971
651-431-2555
800-657-3591
Fax: 651-431-7452
www.mnaging.org

Medicare Beneficiary Ombudsman
800-633-4227
www.cms.gov/center/ombudsman.asp