44:79:09:01.  Patients' rights policies. Each facility shall establish policies consistent with this chapter to protect and promote the rights of each patient.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(14).

          Law Implemented: SDCL 34-12-13(14).

          44:79:09:02.  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. A patient has the right to receive visitors. Visitors may not cause a disruption to the care and services residents receive or infringement on other residents' rights or place an undue burden on the facility.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(14).

          Law Implemented: SDCL 34-12-13(14).

          44:79:09:03.  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 may 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 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.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(14).

          Law Implemented: SDCL 34-12-13(14).

          44:79:09:04.  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 that 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(14).

          Law Implemented: SDCL 34-12-13(14).

          44:79:09:05.  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(14).

          Law Implemented: SDCL 34-12-13(14).

          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.

          44:79:09:06.  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. 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)  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; and

          (8)  To approve or refuse the release of personal and medical records to any individual outside the facility, except if the patient is transferred to another health care facility or if 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(14).

          Law Implemented: SDCL 34-12-13(14).

          Cross-Reference: Written policies and confidentiality of records, § 44:79:08:03.

          44:79:09:07.  Availability of survey results. Survey results, along with the corresponding Plan of Correction shall be provided to residents and individuals upon request.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(14).

          Law Implemented: SDCL 34-12-13(14).

          44:79:09:08.  Admission, transfer, and discharge policies. A facility shall establish and maintain policies and practices for admission, discharge, and transfer of patients that prohibit discrimination based upon payment source. The facility shall notify each patient at or before the time of admission of these policies and procedures. The policies and practices shall include the following provisions:

          (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 persons 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 before the transfer or discharge unless a change in the patient's health requires immediate transfer or discharge. 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)  The 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(14).

          Law Implemented: SDCL 34-12-13(14).