CHAPTER 44:76:13
PATIENTS' RIGHTS
Section
44:76:13:01 Application of chapter - Patients' rights policies.
44:76:13:02 Facility to inform patient of rights.
44:76:13:03 Facility to provide information on available services.
44:76:13:04 Notification when patient's condition changes.
44:76:13:05 Choice in planning care.
44:76:13:06 Privacy and confidentiality.
44:76:13:07 Grievances.
44:76:13:08 Availability of survey results.
44:76:13:09 Self-administration of drugs.
44:76:13:10 Advance directive.
44:76:13:11 Admission, transfer, and discharge policies.
44:76:13:01. Application of chapter - Patients' rights policies. Each facility shall establish policies consistent with this chapter to protect and promote the rights of the patient.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13(15).
44:76:13:02. Facility to inform patient of rights. Prior to or at the time of admission, a facility shall inform the patient, 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 shall acknowledge in writing that the patient received the information. During the patient's stay the facility shall notify the patient, both orally and in writing, of any changes to the original information. The facility shall post written notice of patient rights in a place likely to be noticed by patients waiting for treatment or provided to the patients’ representative or surrogate. The patient's right to receive visitors. Visiting hours and policies of the facility shall permit and encourage the visiting of patients by friends and relatives. Visitors may not cause a disruption to the care and services residents receive or infringement on other patients' rights or place an undue burden on the facility.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:76:13:03. 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 list of names, addresses, and telephone numbers of client advocates;
(3) A description of how to file a complaint with the department concerning abuse, neglect, and misappropriation of patient property;
(4) A description of how the patient can contact the patient's physician, including the name and specialty of the physician;
(5) 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; and
(6) 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 (6), 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.
44:76:13:04. 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.
44:76:13:05. 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.
44:76:13:06. 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.
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, § 44:76:08:03.
44:76:13:07. 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.
44:76:13:09. Self-administration of drugs. A patient may self-administer drugs if approved by the physician and determined the practice to be safe. The determination shall state whether the patient or the nursing staff is responsible for storage of the drug and documentation of its administration in accordance with chapter 44:76:07.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13(15).
Cross-Reference: Medication control, ch 44:76:07.
44:76:13:10. Advance Directive. The facility shall provide the patient or the patients' representative, as appropriate, the following:
(1) Information on the facility's policies on advance directives;
(2) A description of the applicable state health and safety laws; and
(3) State advance directive forms if requested by patients.
Include in the facility policies a clear and precise statement on limitations if the facility cannot implement an advance directive on the basis of conscience or any other specific reason that is permitted under state law. A blanket statement of refusal by the facility to comply with any patient advance directives is not permissible. However, if and to the extent permitted under state law, the facility may decline to implement elements of an advance directive on the basis of conscience or any other reason permitted under state law if it includes in the information concerning its advance directive policies a clear and precise statement of limitation. A statement of limitation shall:
(1) Clarify any differences between facility wide conscience objections and those that may be raised by individual facility staff;
(2) Identify the state legal authority permitting such objection; and
(3) Describe the range of medical conditions and procedures affected by the objection.
The facility shall document in a prominent part of the patient’s current medical record where it will be readily noticeable by any facility staff providing clinical services whether or not the patient has executed an advance directive.
If the patient with an advance directive is transferred from the facility to another healthcare facility, the facility shall ensure a copy of the patient's advance directive is provided with the medical record when the patient is transferred. The facility shall provide education to its staff on the facility's policies and procedures on advance directives.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:76:13:11. 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.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
