PATIENT’S RIGHTS AND RESPONSIBILITIES
Centers for Medicare and Medicaid Services (CMS)
The patient and the patient’s representative or surrogate
has the right to:
- Be free from discrimination or reprisal
- Voice grievances regarding treatment or care that is (or fails to
be) provided
- Be fully informed about a treatment or procedure and the expected
outcome before it is performed
- Personal privacy
- Respect, dignity and comfort
- Receive care in a safe setting
- Be free from all forms of abuse or harassment
- Receive information about their privacy rights and how their
information can be used
- Privacy and confidentiality of medical record information
- Make informed decisions regarding care
- Formulate an Advance Directive
- Delegate his/her right to make informed decisions to another
person
- Know if your physician has a financial interest or ownership in
the center
- File a grievance
If a patient is
adjudged incompetent under applicable State laws by a court of proper
jurisdiction, the rights of the patient are exercised by the person appointed
under State law to act on the patient’s behalf.
If a State
court has not adjudged a patient incompetent, any legal representative or
surrogate designated by the patient in accordance with State law may exercise
the patient’s rights to the extent allowed by State law.
FL State
Responsibilities
of patients:
Each patient of a
health care provider or health care facility shall respect the health care
provider’s and health care facility’s right to expect behavior on the part of patients
which, considering the nature of their illness, is reasonable and responsible.
Each patient
shall observe the responsibilities described in the following summary:
FL State Patient’s Bill of Rights and Responsibilities
Florida
law requires that your health care provider or health care facility recognize
your rights while you are receiving medical care and that you respect the
health care provider’s or health care facility’s right to expect certain
behavior on the part of patients. You may request a copy of the full text of
this law from your health care provider or health care facility.
A
summary of your rights and responsibilities follows:
- A
patient has the right to be treated with courtesy and respect, with
appreciation of his or her individual dignity, and with protection of his or
her need for privacy.
- A
patient has the right to a prompt and reasonable response to questions and
requests.
- A
patient has the right to know who is providing medical services and who is
responsible for his or her care.
- A
patient has the right to know what patient support services are available,
including whether an interpreter is available if he or she does not speak
English.
- A
patient has the right to bring any person of his or her choosing to the
patient-accessible areas of the health care facility or provider’s office to
accompany the patient while the patient is receiving inpatient or outpatient
treatment or is consulting with his or her health care provider, unless doing
so would risk the safety or health of the patient, other patients, or staff of
the facility or office or cannot be reasonably accommodated by the facility or
provider.
- A
patient has the right to know what rules and regulations apply to his or her
conduct.
- A
patient has the right to be given by the health care provider information
concerning diagnosis, planned course of treatment, alternatives, risks, and
prognosis.
- A
patient has the right to refuse any treatment, except as otherwise provided by
law.
- A
patient has the right to be given, upon request, full information and necessary
counseling on the availability of known financial resources for his or her
care.
- A
patient who is eligible for Medicare has the right to know, upon request and in
advance of treatment, whether the health care provider or health care facility
accepts the Medicare assignment rate.
- A
patient has the right to receive, upon request, prior to treatment, a
reasonable estimate of charges for medical care.
- A
patient has the right to receive a copy of a reasonably clear and
understandable, itemized bill and, upon request, to have the charges explained.
- A
patient has the right to impartial access to medical treatment or
accommodations, regardless of race, national origin, religion, handicap, or
source of payment.
- A
patient has the right to treatment for any emergency medical condition that
will deteriorate from failure to provide treatment.
- A
patient has the right to know if medical treatment is for purposes of
experimental research and to give his or her consent or refusal to participate
in such experimental research.
- A
patient has the right to express grievances regarding any violation of his or
her rights, as stated in Florida law, through the grievance procedure of the
health care provider or health care facility which served him or her and to the
appropriate state licensing agency.
- A
patient is responsible for providing to the health care provider, to the best
of his or her knowledge, accurate and complete information about present
complaints, past illnesses, hospitalizations, medications, and other matters
relating to his or her health.
- A
patient is responsible for reporting unexpected changes in his or her condition
to the health care provider.
- A
patient is responsible for reporting to the health care provider whether he or
she comprehends a contemplated course of action and what is expected of him or
her.
- A
patient is responsible for following the treatment plan recommended by the
health care provider.
- A
patient is responsible for keeping appointments and, when he or she is unable
to do so for any reason, for notifying the health care provider or health care
facility.
- A
patient is responsible for his or her actions if he or she refuses treatment or
does not follow the health care provider’s instructions.
- A
patient is responsible for assuring that the financial obligations of his or
her health care are fulfilled as promptly as possible.
- A
patient is responsible for following health care facility rules and regulations
affecting patient care and conduct.
Accreditation Association for Ambulatory Health Care(AAAHC)
The patient and the patient’s representative or surrogate has the right to:
- Be treated with respect, consideration and dignity
- Be provided appropriate privacy
- When the need arises, reasonable attempts are made for health
care professionals and other staff to communicate in the language or manner
primarily used by patients
- Be provided to the degree known, information concerning their
diagnosis, evaluation, treatment and prognosis. When it is medically inadvisable
to give such information to a patient, the information is provided to a person
designated by the patient or to a legally authorized person
- Be given the opportunity to participate in decisions involving
their health care, except when such participation is contraindicated for
medical reasons
- Know services available at the facility
- Know provisions for after-hours and emergency care
- Know fees for services
- Know payment policies
- Formulate advance directives
- Know the credentials of health care professionals
- Know if there is an absence of malpractice insurance coverage
- Know how to voice grievances regarding treatment or care
- Know methods for providing feedback, including complaints
- Be informed of their right to change providers if other qualified
providers are available
Accreditation Association for Ambulatory Health Care (AAAHC)
The patient or as appropriate the patient’s representative is responsible for:
- Providing complete and accurate information the best of his/her
ability about his/her health, any medications taken, including over-the-counter
products and dietary supplements, and any allergies or sensitivities
- Following the treatment plan prescribed by his/her provider and
participating in his/her care
- Providing a responsible adult to transport him/her home from the
facility and remain with him/her for 24 hours, if required by the provider
- Accepting personal financial responsibility for any charges not
covered by insurance
- Behaving respectfully toward all the health care professionals
and staff, as well as other patients
Complaint/grievance process:
If you, your representative or
surrogate have a problem or complaint, please speak to the receptionist, nurse,
physician or your caregiver; we will address your concern(s). You may also
contact the Facility Administrator. If your concern cannot be immediately
resolved the facility will investigate the complaint/grievance and notify you,
in writing, the outcome of the investigation.
If you are not satisfied with the
response of the Surgery Center you may contact the State of Florida via:
Mail:
Agency for Health Care Administration
Consumer Assistance Unit
2727 Mahan Drive/BLDG. 1
Tallahassee, FL 32399
Phone: Consumer Assistance Unit at 1-888-419-3456
Website: www.FloridasHealth.com
If you have a complaint against a health care professional contact:
Mail:
Department of Health
Consumer Services Unit
4052 Bald Cypress Way, Bin C7S
Tallahassee, FL 32399
Phone:
Consumer Services Unit at 1-888-419-3456 (press 1)
Email: MQA.consumerservice@flhealth.gov
You may also contact AAAHC via:
Mail:
Accreditation Association for Ambulatory Health Care, Inc.
3 Parkway North STE 201
Deerfield, IL 60015
Phone: 1-847-853-6060
NOTE: Role of Medicare
Ombudsman is to ensure that Medicare Beneficiaries receive the information and
help them need to understand their Medicare options and to apply their Medicare
rights and protections.
All Medicare beneficiaries may
also file a complaint or grievance with the Medicare Beneficiary Ombudsman.
Visit the Ombudsman’s webpage on the web at:
https://www.cms.gov/center/special-topic/ombudsman/medicare-beneficiary-ombudsman-home