Chapter
362
2006 -- S 2613 AS AMENDED
Enacted 07/07/06
A N A
C T
RELATING TO LICENSING
OF HEALTH CARE FACILITIES
Introduced By: Senator Leo
R. Blais
Date Introduced: February
09, 2006
It is
enacted by the General Assembly as follows:
SECTION
1. Section 23-17-19.1 of the General Laws in Chapter 23-17 entitled
"Licensing
of Health Care Facilities" is hereby amended to read as follows:
23-17-19.1.
Rights of patients. -- Every health care facility licensed under this
chapter
shall
observe the following standards and any other standards that may be prescribed
in rules and
regulations
promulgated by the licensing agency with respect to each patient who utilizes
the
facility:
(1) The patient shall be afforded considerate and respectful care.
(2) Upon request, the patient shall be furnished with the name of the physician
responsible
for coordinating his or her care.
(3) Upon request, the patient shall be furnished with the name of the physician
or other
person responsible
for conducting any specific test or other medical procedure performed by the
health
care facility in connection with the patient's treatment.
(4) The patient shall have the right to refuse any treatment by the health care
facility to
the
extent permitted by law.
(5) The patient's right to privacy shall be respected to the extent consistent
with
providing
adequate medical care to the patient and with the efficient administration of
the health
care
facility. Nothing in this section shall be construed to preclude discreet
discussion of a
patient's
case or examination of appropriate medical personnel.
(6) The patient's right to privacy and confidentiality shall extend to all
records pertaining
to the
patient's treatment except as otherwise provided by law.
(7) The health care facility shall respond in a reasonable manner to the
request of a
patient's
physician, certified nurse practitioner and/or a physician's assistant for
medical services
to the
patient. The health care facility shall also respond in a reasonable manner to
the patient's
request
for other services customarily rendered by the health care facility to the
extent the
services
do not require the approval of the patient's physician, certified nurse practitioner
and/or a
physician's
assistant or are not inconsistent with the patient's treatment.
(8) Before transferring a patient to another facility, the health care facility
must first
inform
the patient of the need for and alternatives to a transfer.
(9) Upon request, the patient shall be furnished with the identities of all
other health care
and
educational institutions that the health care facility has authorized to
participate in the
patient's
treatment and the nature of the relationship between the institutions and the
health care
facility.
(10) If Except as otherwise provided in this subparagraph, if the
health care facility
proposes
to use the patient in any human experimentation project subjects
research, it shall first
thoroughly
inform the patient of the proposal and offer the patient the right to refuse to
participate
in the
project. ; (b) No facility shall be required to inform prospectively
the patient of the proposal
and
the patient's right to refuse to participate when: (i) the facility's human
subjects research
involves
the investigation of potentially lifesaving devices, medications and/or
treatments and the
patient
is unable to grant consent due to a life-threatening situation; and consent is
not available
from
the agent pursuant to title 23-4.10 of the general laws or the patient’s decision
maker if an
agent
has not been designated or an applicable advanced directive has not been executed
by the
patient;
and (ii) the facility's institutional review board approves the human subjects
research
pursuant
to the requirements of 21 CFR Part 50 and/or 45 CFR Part 46 (relating to the
informed
consent
of human subjects). Any health care facility engaging in research pursuant to
the
requirements
of subparagraph (b) herein shall file a copy of the relevant research protocol
with
the
department of health, which filing shall be publicly available.
(11) Upon request, the patient shall be allowed to examine and shall be given
an
explanation
of the bill rendered by the health care facility irrespective of the source of
payment of
the
bill.
(12) Upon request, the patient shall be permitted to examine any pertinent
health care
facility
rules and regulations that specifically govern the patient's treatment.
(13) The patient shall be offered treatment without discrimination as to race,
color,
religion,
national origin, or source of payment.
(14) Patients shall be provided with a summarized medical bill within thirty
(30) days of
discharge
from a health care facility. Upon request, the patient shall be furnished with
an itemized
copy of
his or her bill. When patients are residents of state-operated institutions and
facilities, the
provisions
of this subsection shall not apply.
(15) Upon request, the patient shall be allowed the use of a personal
television set
provided
that the television complies with underwriters' laboratory standards and
O.S.H.A.
standards,
and so long as the television set is classified as a portable television.
(16) No charge shall be made for furnishing a health record or part of a health
record to a
patient,
his or her attorney or authorized representative if the record or part of the
record is
necessary
for the purpose of supporting an appeal under any provision of the Social
Security Act,
42
U.S.C. section 301 et seq., and the request is accompanied by documentation of
the appeal or a
claim
under the provisions of the Workers' Compensation Act, chapters 29 -- 38 of
title 28. A
provider
shall furnish a health record requested pursuant to this section within thirty
(30) days of
the
request. Further, for patients of school based health centers, the director is
authorized to
specify
by regulation an alternative list of age appropriate rights commensurate with
this section.
(17) The patient shall have the right to have his or her pain assessed 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 right to receive information concerning hospice care, including
the
benefits
of hospice care, the cost, and how to enroll in hospice care.
SECTION
2. This act shall take effect upon passage.
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LC01364
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