Center City Patient Handbook 2023 - 53

who receives health care services at an outpatient surgical center or at a
birth center licensed under section 144.615. " Patient " also means a minor
who is admitted to a residential program as defined in section 253C.01. For
purposes of subdivisions 1, 3 to 16, 18,20 and 30, " patient " also means any
person who is receiving mental health treatment on an outpatient basis
or in a community support program or other community-based program.
" Resident " means a person who is admitted to a nonacute care facility
including extended care facilities, nursing homes, and boarding care homes
for care required because of prolonged mental or physical illness or disability,
recovery from injury or disease, or advancing age. For purposes of all
subdivisions except subdivisions 28 and 29, " resident " also means a person
who is admitted to a facility licensed as a board and lodging facility under
Minnesota Rules, parts 4625.0100 to 4625.2355, or a supervised living facility
under Minnesota Rules, parts 4665.0100 to 4665.9900, and which operates
a rehabilitation program licensed under chapter 245G or Minnesota Rules,
parts 9530.6510 to 9530.6590.
Subd. 3. Public policy declaration. It is declared to be the public policy of
this state that the interests of each patient and resident be protected by a
declaration of a patients' bill of rights which shall include but not be limited
to the rights specified in this section.
Subd. 4. Information about rights. Patients and residents shall, at
admission, be told that there are legal rights for their protection during their
stay at the facility or throughout their course of treatment and maintenance
in the community and that these are described in an accompanying written
statement of the applicable rights and responsibilities set forth in this
section. In the case of patients admitted to residential programs as defined
in section 253C.01, the written statement shall also describe the right of a
person 16 years old or older to request release as provided in section 253B.04,
subdivision 2, and shall list the names and telephone numbers of individuals
and organizations that provide advocacy and legal services for patients in
residential programs. Reasonable accommodations shall be made for people
who have communication disabilities and those who speak a language
other than English. Current facility policies, inspection findings of state and
local health authorities, and further explanation of the written statement
of rights shall be available to patients, residents, their guardians or their
chosen representatives upon reasonable request to the administrator or other
designated staff person, consistent with chapter 13, the Data Practices Act,
and section 626.557, relating to vulnerable adults.
Subd. 5. Courteous treatment. Patients and residents have the right to be
treated with courtesy and respect for their individuality by employees of or
persons providing service in a health care facility.
Subd. 6. Appropriate health care. Patients and residents shall have the
right to appropriate medical and personal care based on individual needs.
Appropriate care for residents means care designed to enable residents to
achieve their highest level of physical and mental functioning. This right is
limited where the service is not reimbursable by public or private resources.
Subd. 7. Physician's or advanced practice registered nurse's identity.
Patients and residents shall have or be given, in writing, the name, business
address, telephone number, and specialty, if any, of the physician or
advanced practice registered nurse responsible for coordination of their
care. In cases where it is medically inadvisable, as documented by the
attending physician or advanced practice registered nurse in a patient's
or resident's care record, the information shall be given to the patient's or
resident's guardian or other person designated by the patient or resident as a
representative.
Subd. 8. Relationship with other health services. Patients and residents
who receive services from an outside provider are entitled, upon request, to
be told the identity of the provider. Residents shall be informed, in writing, of
any health care services which are provided to those residents by individuals,
corporations, or organizations other than their facility. Information shall
include the name of the outside provider, the address, and a description
52
of the service which may be rendered. In cases where it is medically
inadvisable, as documented by the attending physician or advanced practice
registered nurse in a patient's or resident's care record, the information shall
be given to the patient's or resident's guardian or other person designated by
the patient or resident as a representative.
Subd. 9. Information about treatment. Patients and residents shall be given
by their physicians or advanced practice registered nurses complete and
current information concerning their diagnosis, treatment, alternatives, risks,
and prognosis as required by the physician's or advanced practice registered
nurse's legal duty to disclose. This information shall be in terms and language
the patients or residents can reasonably be expected to understand. Patients
and residents may be accompanied by a family member or other chosen
representative, or both. This information shall include the likely medical or
major psychological results of the treatment and its alternatives. In cases
where it is medically inadvisable, as documented by the attending physician
or advanced practice registered nurse in a patient's or resident's medical
record, the information shall be given to the patient's or resident's guardian
or other person designated by the patient or resident as a representative.
Individuals have the right to refuse this information.
Every patient or resident suffering from any form of breast cancer shall be
fully informed, prior to or at the time of admission and during their stay, of
all alternative effective methods of treatment of which the treating physician
or advanced practice registered nurse is knowledgeable, including surgical,
radiological, or chemotherapeutic treatments or combinations of treatments
and the risks associated with each of those methods.
Subd. 10. Participation in planning treatment; notification of family
members.
(a) Patients and residents shall have the right to participate in the planning
of their health care. This right includes the opportunity to discuss
treatment and alternatives with individual caregivers, the opportunity
to request and participate in formal care conferences, and the right to
include a family member or other chosen representative, or both. In the
event that the patient or resident cannot be present, a family member or
other representative chosen by the patient or resident may be included
in such conferences. A chosen representative may include a doula of the
patient's choice.
(b) If a patient or resident who enters a facility is unconscious or comatose
or is unable to communicate,the facility shall make reasonable efforts
as required under paragraph (c) to notify either a family member or a
person designated in writing by the patient as the person to contact in an
emergency that the patient or resident has been admitted to the facility.
The facility shall allow the family member to participate in treatment
planning, unless the facility knows or has reason to believe the patient
or resident has an effective advance directive to the contrary or knows
the patient or resident has specified in writing that they do not want
a family member included in treatment planning. After notifying a
family member but prior to allowing a family member to participate in
treatment planning, the facility must make reasonable efforts, consistent
with reasonable medical practice, to determine if the patient or resident
has executed an advance directive relative to the patient or resident's
health care decisions. For purposes of this paragraph, " reasonable
efforts " include:
(1) examining the personal effects of the patient or resident;
(2) examining the medical records of the patient or resident in the
possession of the facility;
(3) inquiring of any emergency contact or family member contacted
under this section whether the patient or resident has executed an
advance directive and whether the patient or resident has a physician
or advanced practice registered nurse to whom the patient or resident
normally goes for care; and
Center City Patient Handbook 2023

Table of Contents for the Digital Edition of Center City Patient Handbook 2023
