Maple Grove/Chaska Patient Handbook 2023 - 47

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
(4) inquiring of the physician or advanced practice registered nurse
to whom the patient or resident normally goes for care, if known,
whether the patient or resident has executed an advance directive. If
a facility notifies a family member or designated emergency contact
or allows a family member to participate in treatment planning in
accordance with this paragraph, the facility is not liable to the patient
or resident for damages on the grounds that the notification of the
family member or emergency contact or the participation of the family
member was improper or violated the patient's privacy rights.
(c) In making reasonable efforts to notify a family member or designated
emergency contact, the facility shall attempt to identify family members
or a designated emergency contact by examining the personal effects
of the patient or resident and the medical records of the patient or
resident in the possession of the facility. If the facility is unable to notify
a family member or designated emergency contact within 24 hours after
the admission, the facility shall notify the county social service agency
or local law enforcement agency that the patient or resident has been
admitted and the facility has been unable to notify a family member or
designated emergency contact. The county social service agency and
local law enforcement agency shall assist the facility in identifying and
notifying a family member or designated emergency contact. A county
social service agency or local law enforcement agency that assists a
facility in implementing this subdivision is not liable to the patient or
resident for damages on the grounds that the notification of the family
member or emergency contact or the participation of the family member
was improper or violated the patient's privacy rights.
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Subd. 11. Continuity of care. Patients and residents shall have the right to be
cared for with reasonable regularity and continuity of staff assignment as far
as facility policy allows.
Subd. 12. Right to refuse care. Competent patients and residents shall
have the right to refuse treatment based on the information required in
subdivision 9. Residents who refuse treatment, medication, or dietary
restrictions shall be informed of the likely medical or major psychological
results of the refusal, with documentation in the individual medical
record. In cases where a patient or resident is incapable of understanding
the circumstances but has not been adjudicated incompetent, or when
legal requirements limit the right to refuse treatment, the conditions and
circumstances shall be fully documented by the attending physician or
advanced practice registered nurse in the patient's or resident's medical
record.
Subd. 13. Experimental research. Written, informed consent must be
obtained prior to a patient's or resident's participation in experimental
research. Patients and residents have the right to refuse participation. Both
consent and refusal shall be documented in the individual care record.
Subd. 14. Freedom from maltreatment. Patients and residents shall be
free from maltreatment as defined in the Vulnerable Adults Protection Act.
" Maltreatment " means conduct described in section 626.5572, subdivision 15,
or the intentional and nontherapeutic infliction of physical pain or injury, or
any persistent course of conduct intended to produce mental or emotional
distress. Every patient and resident shall also be free from nontherapeutic
chemical and physical restraints, except in fully documented emergencies,
or as authorized in writing after examination by a patient's or resident's
physician or advanced practice registered nurse for a specified and limited
period of time, and only when necessary to protect the resident from selfinjury
or injury to others.
Subd. 15. Treatment privacy. Patients and residents shall have the right to
respectfulness and privacy as it relates to their medical and personal care
program. Case discussion, consultation, examination, and treatment are
confidential and shall be conducted discreetly. Privacy shall be respected
during toileting, bathing, and other activities of personal hygiene, except as
needed for patient or resident safety or assistance.
Subd. 16. Confidentiality of records. Patients and residents shall be
assured confidential treatment of their personal and medical records, and
may approve or refuse their release to any individual outside the facility.
Residents shall be notified when personal records are requested by any
individual outside the facility and may select someone to accompany them
when the records or information are the subject of a personal interview.
Copies of records and written information from the records shall be made
available in accordance with this subdivision and sections 144.291 to 144.298.
This right does not apply to complaint investigations and inspections by the
Department of Health, where required by third-party payment contracts, or
where otherwise provided by law.
Subd. 17. Disclosure of services available. Patients and residents shall
be informed, prior to or at the time of admission and during their stay, of
services which are included in the facility's basic per diem or daily room rate
and that other services are available at additional charges. Facilities shall
make every effort to assist patients and residents in obtaining information
regarding whether the Medicare or medical assistance program will pay for
any or all of the aforementioned services.
Subd. 18. Responsive service. Patients and residents shall have the right to a
prompt and reasonable response to their questions and requests.
Subd. 19. Personal privacy. Patients and residents shall have the right to
every consideration of their privacy, individuality, and cultural identity as
related to their social, religious, and psychological well-being. Facility staff
shall respect the privacy of a resident's room by knocking on the door and
seeking consent before entering, except in an emergency or where clearly
inadvisable.
Maple Grove/Chaska Patient Handbook 2023

Table of Contents for the Digital Edition of Maple Grove/Chaska Patient Handbook 2023
