§ 103.22. Implementation.

 (a)  The hospital governing body shall establish a Patient’s Bill of Rights not less in substance and coverage than the minimal Patient’s Bill of Rights provided by subsection (b).

 (b)  The following are minimal provisions for the Patient’s Bill of Rights:

   (1)  A patient has the right to respectful care given by competent personnel.

   (2)  A patient has the right, upon request, to be given the name of his attending physician, the names of all other physicians directly participating in his care, and the names and functions of other health care persons having direct contact with the patient.

   (3)  A patient has the right to every consideration of his privacy concerning his own medical care program. Case discussion, consultation, examination, and treatment are considered confidential and should be conducted discreetly.

   (4)  A patient has the right to have all records pertaining to his medical care treated as confidential except as otherwise provided by law or third-party contractual arrangements.

   (5)  A patient has the right to know what hospital rules and regulations apply to his conduct as a patient.

   (6)  The patient has the right to expect emergency procedures to be implemented without unnecessary delay.

   (7)  The patient has the right to good quality care and high professional standards that are continually maintained and reviewed.

   (8)  The patient has the right to full information in layman’s terms, concerning his diagnosis, treatment, and prognosis, including information about alternative treatments and possible complications. When it is not medically advisable to give such information to the patient, the information shall be given on his behalf to the patient’s next of kin or other appropriate person.

   (9)  Except for emergencies, the physician must obtain the necessary informed consent prior to the start of any procedure or treatment, or both. Informed consent is defined in section 103 of the Health Care Services Malpractice Act (40 P. S. §  1301.103).

   (10)  A patient or, in the event the patient is unable to give informed consent, a legally responsible party, has the right to be advised when a physician is considering the patient as a part of a medical care research program or donor program, and the patient, or legally responsible party, must give informed consent prior to actual participation in such a program. A patient, or legally responsible party, may, at any time, refuse to continue in any such program to which he has previously given informed consent.

   (11)  A patient has the right to refuse any drugs, treatment, or procedure offered by the hospital, to the extent permitted by law, and a physician shall inform the patient of the medical consequences of the patient’s refusal of any drugs, treatment, or procedure.

   (12)  A patient has the right to assistance in obtaining consultation with another physician at the patient’s request and own expense.

   (13)  A patient has the right to medical and nursing services without discrimination based upon race, color, religion, sex, sexual preference, National origin or source of payment.

   (14)  The patient who does not speak English should have access, where possible, to an interpreter.

   (15)  The hospital shall provide the patient, or patient designee, upon request, access to all information contained in his medical records, unless access is specifically restricted by the attending physician for medical reasons.

   (16)  The patient has the right to expect good management techniques to be implemented within the hospital considering effective use of the time of the patient and to avoid the personal discomfort of the patient.

   (17)  When medically permissible, a patient may be transferred to another facility only after he or his next of kin or other legally responsible representative has received complete information and an explanation concerning the needs for and alternatives to such a transfer. The institution to which the patient is to be transferred must first have accepted the patient for transfer.

   (18)  The patient has the right to examine and receive a detailed explanation of his bill.

   (19)  The patient has a right to full information and counseling on the availability of known financial resources for his health care.

   (20)  A patient has the right to expect that the health care facility will provide a mechanism whereby he is informed upon discharge of his continuing health care requirements following discharge and the means for meeting them.

   (21)  A patient cannot be denied the right of access to an individual or agency who is authorized to act on his behalf to assert or protect the rights set out in this section.

   (22)  A patient has the right to be informed of his rights at the earliest possible moment in the course of his hospitalization.

Authority

   The provisions of this §  103.22 issued under section 2102(g) of The Administrative Code of 1929 (71 P. S. §  532(g)); and section 803 of the Health Care Facilities Act (35 P. S. §  448.803).

Source

   The provisions of this §  103.22 amended through December 3, 1982, effective December 4, 1982, 12 Pa.B. 4129. Immediately preceding text appears at serial page (55616).

Cross References

   This section cited in 28 Pa. Code §  103.3 (relating to governing body bylaws); and 28 Pa. Code §  115.29 (relating to patient access).

Notes of Decisions

   Access

   Although patients must be given access to, or copies of, their medical records, such records are the property of the hospital, and a subpoena for the production of such records was properly served on the hospital. In re the June 1979 Allegheny County Investigating Grand Jury, 415 A.2d 73 (Pa. 1980).



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