Attachment D15 - MCM 00-18 Patient and Nursing Home Resident Rights and Responsibilities.pdf

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VA SAN DIEGO HEALTHCARE SYSTE MEMORANDUM 00-18

SAN DIEGO, CA December 02, 2015 September 1, 2015

PATIENT AND COMMUNITY LIVING CENTER RESIDENT RIGHTS AND

RESPONSIBILITIES

1. PURPOSE:

a. To outline policy and procedures regarding the rights and responsibilities of all patients regardless of location of care and includes patients who are participating in research studies.

2. POLICY:

a. VASDHS respects the rights of the patient, and recognizes that each patient is an individual with unique health care needs. VASDHS provides considerate, respectful care focused upon the patient's individual needs.

3. DEFINITION(S):

a. Patient's Representative: An individual such as a guardian of the patient, next-of-kin, surrogate, or other body legally authorized to consent to treatment of a patient who lacks decision making capacity to give consent.

4. RESPONSIBILITIES:

a. The VASDHS Director is responsible for assuring that these rights are communicated to patients, families, and employees throughout the Medical Center.

b. The Patient Advocate(s) is responsible for expeditiously resolving problems related to patient's rights by assisting Veterans, family members, and others by minimizing institutional obstacles within the existing laws and regulations of the Department of Veterans Health Affairs (VHA).

c. For inpatients, the admitting nurse will disseminate the information on patient rights and responsibilities.

d. VASDHS employees are responsible for:

(1) Knowing and respecting the rights of patients.

(2) Ensuring that all patients are treated with dignity, compassion and respect. Furthermore, each employee is responsible for reporting any violation or infringement of the rights of patients.

5. PROCEDURES:

a. The statement of Patient and Community Living Center (CLC) Resident Rights and Responsibilities will be posted in patient care and clinic areas within the CLC.

b. For inpatients, the admitting nurse will inform the patient or his/her representative of the rights and responsibilities described in this section and give the patient a pamphlet containing those rights and responsibilities.

c. If an inpatient or outpatient lacks decision making capacity, notification of these rights will be given to the patient's representative and documented in his/her medical records when written communication is not effective (e.g., patient cannot read, patient is visually impaired or patient's language is rare in patient population served). These rights will be made available to patients by an audio recording or through the service of a language interpreter. Unless the patient has a legal guardian or a conservator, VHA’s National Patient Rights and Responsibilities are assured for, and addressed to, each patient. These rights and responsibilities are outlined at the following link:

http://www.patientadvocate.va.gov/rights.asp .

6. REFERENCES:

a. The Joint Commission Comprehensive Accreditation Manual, for Hospitals 2010.

b. Department of Veterans Affairs Patient and Nursing Home Resident Rights and Responsibilities (VA 10-88) -http://www.patientadvocate.va.gov/rights.asp

7. REVIEW DATE: December 2018

8. FOLLOW-UP RESPONSIBILITY: Director (00R)

9. RESCISSION: Memorandum No. 00-18 dated March 2011

10. DATE APPROVED BY MEC: December 02, 2015

X

DEAN C. NORMAN, MD

ACTING. CHIEF OF STAFF/MEDICAL DIRECTOR

X Jeffrey T. Gering, FACHE

Director

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