CHAPTER 44:75:15
SWING BED PATIENTS' RIGHTS
Section
44:75:15:01 Application of chapter - Swing bed patients' rights policies.
44:75:15:02 Facility to inform swing bed patient of rights.
44:75:15:03 Facility to provide information on available services.
44:75:15:04 Notification when patient's condition changes.
44:75:15:05 Notification of patient's room assignment or rights change.
44:75:15:06 Right to manage financial affairs.
44:75:15:07 Choice in planning care.
44:75:15:08 Privacy and confidentiality.
44:75:15:09 Quality of life.
44:75:15:10 Grievances.
44:75:15:11 Availability of survey results.
44:75:15:12 Right to refuse to perform services.
44:75:15:13 Self-administration of medications.
44:75:15:14 Admission, transfer, and discharge policies.
44:75:15:01. Application of chapter - Swing bed patients' rights policies. Each facility offering swing bed services shall comply with this chapter. Each facility offering swing bed services shall establish policies consistent with this chapter to protect and promote the rights of each swing bed patient.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13(15).
44:75:15:02. Facility to inform swing bed patient of rights. Prior to or at the time of admission, a facility must inform the swing bed patient or patient representative, both orally and in writing, of the patient's rights and of the rules governing the patient's conduct and responsibilities while in the facility. The patient or patient representative shall acknowledge in writing that the patient received the information. During the patient's stay the facility must notify the patient or patient representative, both orally and in writing, of any changes to the original information. The facility shall outline the patient's right to receive visitors in the facility's policies and procedures. Visiting hours and policies of the facility must permit and encourage the visiting of patients by friends and relatives. Visitors may not cause a disruption to the care and services patients receive or infringement on other patients’ rights or place an undue burden on the facility.
Source: 42 SDR 51, effective October 13, 2015; 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13.
44:75:15:03. Facility to provide information on available services. A facility shall provide the following information in writing to each patient:
(1) A list of services available in the facility and the charges for such services. The facility shall specify which items and services are included in the services for which the patient may not be charged, those other items and services that the facility offers and for which the patient may be charged, and the amount of any such charges;
(2) A description of how a patient can protect personal funds;
(3) A list of names, addresses, and telephone numbers of client advocates;
(4) A description of how to file a complaint with the department concerning abuse, neglect, and misappropriation of patient property;
(5) A description of how the patient can contact the patient's physician, including the name and specialty of the physician;
(6) A description of how to apply for and use Medicare and Medicaid benefits, and the right to establish eligibility for Medicaid, including the addresses and telephone numbers of the nearest office of the South Dakota Department of Social Services and of the United States Social Security Administration;
(7) A description of the bed-hold policy which indicates the length of time the bed will be held for the patient, any policies regarding the held bed, and readmission rights of the patient; and
(8) A description explaining the responsibilities of the patient and family members regarding self-administered medication.
A signed and dated admission agreement between the patient or the patient's legal representative and the facility shall include subdivisions (1) to (8), inclusive, of this section. The patient or patient's legal representative and the facility shall complete the admission agreement before or at the time of admission and before the patient has made a commitment for payment for proposed or actual care. The agreement may not include ambiguous or misleading information and may not be in conflict with this chapter. The agreement shall be printed for ease of reading by the patient. If the agreement exceeds three pages, it shall contain a table of contents or an index of principal sections. Any change in the information shall be given to the patient or the patient's legal representative as a signed and dated addendum to the original agreement.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:75:15:04. Notification when patient's condition changes. A facility shall immediately inform the patient, consult with the patient's physician, and, if known, notify the patient's legal representative or interested family member when any of the following occurs:
(1) An accident involving the patient which results in injury or has the potential for requiring intervention by a physician;
(2) A significant change in the patient's physical, mental, or psychosocial status;
(3) A need to alter treatment significantly; or
(4) A decision to transfer or discharge the patient from the facility.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:75:15:05. Notification of patient's room assignment or rights change. A facility shall promptly notify the patient and, if known, the patient's legal representative, as specified in SDCL 34-12C-3, or interested family member when there has been a change in the patient's room or roommate assignment or when there has been a change in the patient's rights.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:75:15:06. Right to manage financial affairs. A patient may manage personal financial affairs. A facility may not require patients to deposit their personal funds with the facility. If the patient chooses to deposit funds with the facility and gives written authorization, the facility shall hold the funds in accordance with SDCL 34-12-15.1 to 34-12-15.10, inclusive.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13(15).
44:75:15:07. Choice in planning care. A patient may choose a personal attending physician, be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the patient's well-being, and, unless adjudged incompetent or otherwise found to be incapacitated under the laws of the state, participate in planning care and treatment or changes in care or treatment.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
Cross-References:
Right to choose own physician unimpaired by public health programs -- Misdemeanor, SDCL 34-1-20.
Rights of authorized person as incapacitated person, SDCL 34-12C-6.
Liability of health care provider -- Liability of authorized decision maker, SDCL 34-12C-7.
44:75:15:08. Privacy and confidentiality. A facility shall provide for privacy and confidentiality for the patient, including the patient's accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and patient groups. A facility is not required to provide a private room for each patient. A facility shall permit patients to perform the following:
(1) To send and receive unopened mail and to have access to stationery, postage, and writing implements at the patient's own expense;
(2) To access and use a telephone without being overheard;
(3) To visit a spouse or, if both are patients of the same facility, to share a room with the spouse, within the capacity of the facility, upon the consent of both spouses;
(4) Except in an emergency, to have room doors closed and to require knocking before entering the patient's room;
(5) To have only authorized staff present during treatment or activities of personal hygiene;
(6) To retire and rise according to the patient's wishes, as long as the patient does not disturb other patients;
(7) To meet, associate, and communicate with any person of the patient's choice in a private place within the facility;
(8) To participate in social, religious, and community activities that do not interfere with the rights of other patients in the facility; and
(9) To approve or refuse the release of personal and medical records to any individual outside the facility, except when the patient is transferred to another health care facility or when the release of the record is required by law. With the patient's permission, a facility shall allow the state ombudsman or a representative of the ombudsman access to the patient's medical records.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
Cross-Reference: Written policies and confidentiality of records, § 44:75:09:03.
44:75:15:09. Quality of life. A facility shall provide care and an environment that contributes to the patient's quality of life, including:
(1) A safe, clean, comfortable, and homelike environment;
(2) Maintenance or enhancement of the patient's ability to preserve individuality, exercise self-determination, and control everyday physical needs;
(3) Freedom from physical or chemical restraints imposed for purposes of discipline or convenience;
(4) Freedom from verbal, sexual, physical, and mental abuse and from involuntary seclusion, neglect, or exploitation imposed by anyone, and theft of personal property;
(5) Retention and use of personal possessions, including furnishings and clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other patients; and
(6) Support and coordination to assure pain is recognized and addressed appropriately.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
Cross-Reference: Care policies § 44:75:04:11.
44:75:15:10. Grievances. A patient may voice grievances without discrimination or reprisal. A patient's grievance may be in writing or oral and may relate to treatment furnished, treatment that has not been furnished, the behavior of other patients, and infringement of the patient's rights. A facility shall adopt a grievance process and make the process known to each patient and to the patient's immediate family. The grievance process shall include the facility's efforts to resolve the grievance and documentation of:
(1) The grievance;
(2) The names of the persons involved;
(3) The disposition of the matter; and
(4) The date of disposition.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:75:15:12. Right to refuse to perform services. A patient may refuse to perform services on behalf of the facility, unless otherwise agreed to in the patient's plan of care. The patient may perform services for the facility when the following conditions are met:
(1) The plan of care includes documentation of the need or desire for work;
(2) The nature of the services performed is specified, including whether the services are voluntary or paid;
(3) Compensation for paid services is at or above prevailing rates; and
(4) The patient agrees to the work arrangement.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:75:15:13. Self-administration of medications. A patient may self-administer medication if the interdisciplinary team consisting of selected healthcare workers and licensed health professionals, has determined the self-administration to be safe. The determination must be in writing and state whether the patient or the nursing personnel is responsible for storage of the medication and documentation of its administration in accordance with chapter 44:75:08.
Source: 42 SDR 51, effective October 13, 2015; 50 SDR62, effective November 27, 2023.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13(15).
Cross-Reference: Medication control, ch 44:75:08.
44:75:15:14. Admission, transfer, and discharge policies. A facility shall establish and maintain policies and practices for admission, discharge, and transfer of patients which prohibit discrimination based upon payment source and which are made known to patients at or before the time of admission. The policies and practices shall include:
(1) The patient may remain in the facility and may not be transferred or discharged unless the patient's needs and welfare cannot be met by the facility, the patient's health has improved sufficiently so the patient no longer needs the services provided by the facility, the safety or health of individuals in the facility is endangered by the patient, the patient has failed to pay for allowable billed services as agreed to, or the facility ceases to operate;
(2) The facility shall notify the patient and a family member or client advocate in writing at least 30 days before the transfer or discharge unless a change in the patient's health requires immediate transfer or discharge or the patient has not resided in the facility for 30 days. The written notice shall specify the reason for and effective date of the transfer or discharge and the location to which the patient will be transferred or discharged;
(3) Conditions under which the patient may request or refuse transfer within the facility; and
(4) A description of how the patient may appeal a decision by the facility to transfer or discharge the patient.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
