Patient Rights and Responsibilities
Centers for Medicare and Medicaid Services (CMS)
The patient and the patient's representative or surrogate has the right to:
- Be free from discrimination or reprisal
- Voice grievances regarding treatment or care that is (or fails to be) provided
- Be fully informed about a treatment or procedure and the expected outcome before it is performed
- Personal privacy
- Respect, dignity and comfort
- Receive care in a safe setting
- Be free from all forms of abuse or harassment
- Receive information about their privacy rights and how their information can be used
- Privacy and confidentiality of medical record information
- Make informed decisions regarding care
- Formulate an Advance Directive
- Delegate his/her right to make informed decisions to another person
- Know if your physician has a financial interest or ownership in the center
- File a grievance
If a patient is adjudged incompetent under applicable State laws by a court of proper jurisdiction, the rights of the patient are exercised by the person appointed under State law to act on the patient's behalf.
If a State court has not adjudged a patient incompetent, any legal representative or surrogate designated by the patient in accordance with State law may exercise the patient's rights to the extent allowed by State law.
Alaska State Specific Patient Rights
The patient and the patient's representative or surrogate has the right to:
- Associate and communicate privately with persons of the patient's or resident's choice;
- Have reasonable access to a telephone to make and receive confidential calls;
- Mail and receive unopened correspondence;
- Be informed of the facility's grievance procedure for handling complaints relating to patient care;
- Be free from physical or chemical restraints except as specified in AS 47.30.825 or 7 AAC 12.258;
- Be treated with consideration and recognition of the patient's dignity and individuality;
- Confidentiality of the patient's medical records and treatment;
- Be free from unnecessary or excessive medications;
- Private visits by the patient's spouse, except in a general acute care hospital
- Be informed in a language that the patient understands, before or at the time of admission and during the patient's stay, of services that are available in the facility and their cost, including any costs for services or personal care items not covered by the facility's basic per diem rate or not covered under Titles XVIII or XIX of the Social Security Act;
- Be informed by a physician of the patient's medical condition, in a language that the patient understands;
- Refuse to participate in experimental research
- Participate in the development of a plan of care, or discharge plan, and to receive instructions for self-care and treatment that include explanation of adverse symptoms and necessary precautions, as appropriate;
- Be informed of the rights listed in this section and of all the rules and regulations governing patient conduct and responsibility in a language the patient understands.
Accreditation Association for Ambulatory Health Care (AAAHC)
The patient and the patient's representative or surrogate has the right to:
- Be treated with respect, consideration and dignity
- Be provided appropriate privacy
- When the need arises, reasonable attempts are made for health care professionals and other staff to communicate in the language or manner primarily used by patients
- Be provided to the degree known, information concerning their diagnosis, evaluation, treatment and prognosis. When it is medically inadvisable to give such information to a patient, the information is provided to a person designated by the patient or to a legally authorized person
- Be given the opportunity to participate in decisions involving their health care, except when such participation is contraindicated for medical reasons
- Know services available at the facility
- Know provisions for after-hours and emergency care
- Know fees for services
- Know payment policies
- Formulate advance directives
- Know the credentials of health care professionals
- Know if there is an absence of malpractice insurance coverage
- Know how to voice grievances regarding treatment or care
- Know methods for providing feedback, including complaints
- Be informed of their right to change providers if other qualified providers are available
The patient or as appropriate the patient's representative is responsible for:
- Providing complete and accurate information the best of his/her ability about his/her health, any medications taken, including over-the-counter products and dietary supplements, and any allergies or sensitivities
- Following the treatment plan prescribed by his/her provider and participating in his/her care
- Providing a responsible adult to transport him/her home from the facility and remain with him/her for 24 hours, if required by the provider
- Accepting personal financial responsibility for any charges not covered by insurance
- Behaving respectfully toward all the health care professionals and staff, as well as other patients
Accreditation Association for Ambulatory Health Care (AAAHC)
The patient or as appropriate the patient's representative is responsible for:
- Providing complete and accurate information the best of his/her ability about his/her health, any medications taken, including over-the-counter products and dietary supplements, and any allergies or sensitivities
- Following the treatment plan prescribed by his/her provider and participating in his/her care
- Providing a responsible adult to transport him/her home from the facility and remain with him/her for 24 hours, if required by the provider
- Accepting personal financial responsibility for any charges not covered by insurance
- Behaving respectfully toward all the health care professionals and staff, as well as other patients
Complaint/Grievance Process
If you, your representative or surrogate have a problem or complaint, please speak to the receptionist, nurse, physician or your caregiver; we will address your concern(s). You may also contact the Facility Administrator. If your concern cannot be immediately resolved the facility will investigate the complaint/grievance and notify you, in writing, the outcome of the investigation.
If you are not satisfied with the response of the Surgery Center you may contact the State of Alaska via:
Mail: Alaska Ombudsman
333 W 4th Ave
Anchorage, AK 99501
Phone: (907)269-5290
Website: ombud.alaska.gov
You may also contact AAAHC via:
Mail: Accreditation Association for Ambulatory Health Care, Inc.
5250 Old Orchard Road, Suite 200
Skokie, Illinois 60077
Phone: 1-847-853-6060
NOTE: Role of Medicare Ombudsman is to ensure that Medicare Beneficiaries receive the information and help them need to understand their Medicare options and to apply their Medicare rights and protections.
All Medicare beneficiaries may also file a complaint or grievance with the Medicare Beneficiary Ombudsman. Visit the Ombudsman's webpage on the web at:
http://www.medicare.gov/claims-and-appeals/medicare-rights/get.help/ombudsman.html