N.Y. Comp. Codes R. & Regs. tit. 10, § 405.7(b) - Patient Rights in Hospitals

Hospitals must afford to each patient the right to:

• Exercise these rights regardless of the patient's language or impairment of hearing or vision. Skilled interpreters must be provided to assist patients in using these rights;
• Treatment without discrimination as to race, color, religion, sex, national origin, disability, sexual orientation, age, or source of payment;
• Considerate and respectful care in a clean and safe environment;
• Receive emergency medical care as indicated by the patient's medical condition upon arrival at the hospital;
• Limit the use of physical restraints to those patient restraints authorized in writing by a physician after a personal examination of the patient, for a specified and limited period of time to protect the patient from injury to himself or to others. In an emergency, the restraint may be applied only by or under the supervision of and at the direction of a registered professional nurse who must set forth in writing the circumstances requiring the use of restraints. In such emergencies, a physician must be immediately summoned and pending the arrival of the physician, the patient must be kept under continuous supervision as warranted by the patient's physical condition and emotional state. At frequent intervals while restraints are in use the patient's physical needs, comfort and safety must be monitored. An assessment of the patient's condition must be made at least once every 30 minutes or at more frequent intervals if directed by a physician;
• The name of the medical staff member who has the responsibility for coordinating his/her care and the right to discuss with his/her practitioner the type of care being rendered;
• The name, position and function of any person providing treatment to the patient;
• Obtain from the responsible medical staff member complete current information concerning his/her diagnosis, treatment and prognosis in terms the patient can be reasonably expected to understand. The patient must be advised of any change in health status, including harm or injury, the cause for the change and the recommended course of treatment. The information must be made available to an appropriate person on the patient's behalf and documented in the patient's medical record, if the patient is not competent to receive such information;
• Receive information necessary to give informed consent prior to the start of any nonemergency procedure or treatment or both. An informed consent must include, as a minimum, the specific procedure or treatment or both, the reasons for it, the reasonably foreseeable risks and benefits involved, and the alternatives for care or treatment, if any, as a reasonable practitioner under similar circumstances would disclose. Documented evidence of such informed consent must be included in the patient's medical record;
• Refuse treatment to the extent permitted by law and to be informed of the reasonably foreseeable consequences of such refusal;
• Receive from the responsible medical staff or designated hospital representatives information necessary to give informed consent prior to the withholding of medical care and treatment;
• Privacy consistent with the provision of appropriate care to the patient;
• Confidentiality of all information and records pertaining to the patient's treatment, except as otherwise provided by law;
• A response by the hospital, in a reasonable manner, to the patient's request for services customarily rendered by the hospital consistent with the patient's treatment;
• Be informed by the responsible medical staff member or appropriate hospital staff of the patient's continuing health care requirements following discharge, and before any transfer to another facility, all relevant information about the need for and all reasonable alternatives to such a transfer;
• Prior to discharge, receive an appropriate written discharge plan and a written description of the patient discharge review process available to the patient under Federal or State law;
• The identity of any hospital personnel including students that the hospital has authorized to participate in the patient's treatment and the right to refuse treatment, examination and/or observation by any personnel;
• Refuse to participate in research and human experimentation in accordance with Federal and State law;
• Examine and receive an explanation of his/her bill, regardless of source of payment;
• Be informed of the hospital rules and regulations that apply to a patient's conduct;
• Be admitted to a nonsmoking area;
• Register complaints and recommend changes in policies and services to the facility's staff, the governing authority and the New York State Department of Health without fear of reprisal;
• Express complaints about the care and services provided and to have the hospital investigate such complaints. The hospital must provide the patient or his/her designee with a written response if requested by the patient indicating the findings of the investigation. The hospital must notify the patient or his/her designee that if the patient is not satisfied with the hospital's oral or written response, the patient may complain to the New York State Department of Health's Office of Health Systems Management. The hospital must provide the telephone number of the local area office of the Health Department to the patient;
• Obtain access to his/her medical record. The hospital may impose reasonable charges for all copies of medical records provided to patients, not to exceed costs incurred by the hospital. A patient must not be denied a copy of his/her medical record solely because of inability to pay; and
• Receive supportive services to meet the changing care needs of the patient and the patient's family/representative provided by qualified individuals who collectively have expertise in assessing the special needs of hospital patients and their families.