Patient 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.

TN State Rights
The patient and the patient's representative or surrogate has the right to:

• Not be excluded from participation in, be denied benefits of, or otherwise subjected to discrimination on the grounds of race, color, national origin, or handicap in the provision of any care or service of the facility. The facility shall protect the civil rights of residents under the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973.
• To privacy in treatment and personal care
• To be free from mental and physical abuse. Should this right be violated, the facility must notify the department within five (5) business days and the Tennessee Department of Human Services, Adult Protective Services immediately as required by T.C.A. §§ 71-6-101 et seq
• To refuse treatment. The patient must be informed of the consequences of that decision, the refusal and its reason must be reported to the physician and documented in the medical record
• To refuse experimental treatment and drugs. The patient's or health care decision maker's written consent for participation in research must be obtained and retained in his or her medical record
• To have their records kept confidential and private. Written consent by the patient must be obtained prior to release of information except to persons authorized by law. If the patient lacks capacity, written consent is required from the patient's health care decision maker. The ambulatory surgical treatment center must have policies to govern access and duplication of the patient's record
• To have appropriate assessment and management of pain; and
• To be involved in the decision making of all aspects of their care Each patient has a right to self-determination, which encompasses the right to make choices regarding life-sustaining treatment (including resuscitative services). This right of self-determination may be effectuated by an advance directive.
• To have a person authorized to make health care decisions for a patient have the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information.

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

RESPONSIBILITIES

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 Tennessee via:

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