Section 325.20112. Policy on patient rights and responsibilities.

(1) A nursing home shall develop, adopt, post in a public place, distribute, and implement a policy on the rights and responsibilities of patients in accordance with the requirements of sections 20201, 20202, and 20203 of the code.

(2)   For purposes of section 20201(2)(a) of the code, denial of care on the basis of source of payment shall include, when a nursing home or nursing care facility is certified for medicare or medicaid, discrimination in favor of or against a beneficiary of 1 of those programs by giving unequal or priority preference to patients with other payment sources.

(3)   For purposes of section 20201(2)(d) of the code, the term "privacy" means that private times are assured, including all of the following:

(a)   Toileting.

(b)   Dressing.

(c)   Bathing.

(d)  Medical treatment and consultation.

(e)   Conjugal visits.

The term also includes the assurance that a patient in a private room shall be allowed to have his or her door closed, except that a physician or nursing personnel may enter when required to provide necessary observation, care, or treatment and when the patient is advised in advance that such entry may be required.

(4)   For purposes of section 20201(2)(i) of the code, the term "available through the facility" means all  sources  of  payment  accepted  by   the facility, and when the facility is certified for medicare or medicaid, the information shall include those benefits.

(5)     For purposes of section 20201(3)(b)  of  the  code,   "special circumstances" shall include work hours, distance from the home,  and  the age of the visitor.

(6)   For purposes of section 20201(4) of the code, "harassment" includes verbal as well as physical harassment and interference with the  patient's daily activities.

(7)   The policy prescribed in section 20201(3)(h) of the code shall include an assurance that the home will make  a   reasonable  effort   to provide access to records for purposes of inspection and copying at the time of receipt of a written request, if the request is made during normal office hours.

(8)       The patient rights and responsibilities policy shall include provisions regarding smoking as provided by section 21733 of the code.

(9)    The policy on patient rights and responsibilities shall be written in 12-point type and shall be explained to the patient or to the person legally responsible for the patient in a manner that he or  she  can reasonably be expected to understand. Inservice training provided by the home to its staff shall include instruction in the patient's rights and responsibilities adopted by the home and the manner in which such rights and responsibilities are respected and violations avoided.

History: 1981 AACS.