[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR403.730]



[Page 55]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 403_SPECIAL PROGRAMS AND PROJECTS--Table of Contents

 

   Subpart G_Religious Nonmedical Health Care Institutions_Benefits, 

                Conditions of Participation, and Payment

 

Sec. 403.730  Condition of participation: Patient rights.



    An RNHCI must protect and promote each patient's rights.

    (a) Standard: Notice of rights. The RNHCI must do the following:

    (1) Inform each patient of his or her rights in advance of 

furnishing patient care.

    (2) Have a process for prompt resolution of grievances, including a 

specific person within the facility whom a patient may contact to file a 

grievance. In addition, the facility must provide patients with 

information about the facility's process as well as with contact 

information for appropriate State and Federal resources.

    (b) Standard: Exercise of rights. The patient has the right to:

    (1) Be informed of his or her rights and to participate in the 

development and implementation of his or her plan of care.

    (2) Make decisions regarding his or her care, including transfer and 

discharge from the RNHCI. (See Sec. 403.736 for discharge and transfer 

requirements.)

    (3) Formulate advance directives and expect staff who furnish care 

in the RNHCI to comply with those directives, in accordance with part 

489, subpart I of this chapter. For purposes of conforming with the 

requirement in Sec. 489.102 that there be documentation in the 

patient's medical records concerning advanced directives, the patient 

care records of a beneficiary in an RNHCI are equivalent to medical 

records held by other providers.

    (c) Standard: Privacy and safety. The patient has the right to the 

following:

    (1) Personal privacy.

    (2) Care in a safe setting.

    (3) Freedom from verbal, psychological, and physical abuse, and 

misappropriation of property.

    (4) Freedom from the use of restraints.

    (5) Freedom from involuntary seclusion.

    (d) Standard: Confidentiality of patient records. For any patient 

care records or election information it maintains on patients, the RNHCI 

must establish procedures to do the following:

    (1) Safeguard the privacy of any information that identifies a 

particular patient. Information from, or copies of, records may be 

released only to authorized individuals, and the RNHCI must ensure that 

unauthorized individuals cannot gain access to or alter patient records. 

Original patient care records must be released only in accordance with 

Federal or State laws, court orders, or subpoenas.

    (2) Maintain the records and information in an accurate and timely 

manner.

    (3) Ensure timely access by patients to the records and other 

information that pertains to that patient.

    (4) Abide by all Federal and State laws regarding confidentiality 

and disclosure for patient care records and election information.