Rights and Responsibilities
(a) A patient or resident shall not be denied appropriate care on the basis of race, religion, color, national origin, sex, age, disability, marital status, sexual preference, or source of payment.
(b) An individual who is or has been a patient or resident is entitled to inspect, or receive for a reasonable fee, a copy of his or her medical record upon request in accordance with the medical records access act, 2004 PA 47, MCL 333.26261 to 333.26271. Except as otherwise permitted or required under the health insurance portability and accountability act of 1996, Public Law 104-191, or regulations promulgated under the act, 45 CFR parts 160 and 164, a third party shall not be given a copy of the patient’s or resident’s medical record without prior authorization of the patient or resident.
(c) A patient or resident is entitled to confidential treatment of personal and medical records, and may refuse their release to a person outside the health facility or agency except as required because of a transfer to another health care facility, as required by law or third party payment contract, or as permitted or required under the health insurance portability and accountability act of 1996, Public Law 104-191, or regulations promulgated under that act, 45 CFR parts 160 and 164.
(d) A patient or resident is entitled to privacy, to the extent feasible, in treatment and in caring for personal needs with consideration, respect, and full recognition of his or her dignity and individuality. A patient or resident and their property are also entitled to being treated with respect by anyone providing services on behalf of the hospice.
(e) A patient or resident has the right to choose their attending physician who will oversee their care and work in collaboration with the hospice agency to provide care related to the terminal illness and related conditions.
(f) A patient or resident is entitled to receive adequate and appropriate care, and to receive, from the appropriate individual within the health facility or agency, information about his or her medical condition, proposed course of treatment, and prospects for recovery, in terms that the patient or resident can understand, unless medically contraindicated as documented by the attending physician in the medical record.
A patient or resident is entitled to be involved in the development of his or her plan of care and to be informed about the scope of services the hospice provides and any specific limitations on those services.
(g) A patient or resident is entitled to refuse treatment to the extent provided by law and to be informed of the consequences of that refusal. If a refusal of treatment prevents a health facility or agency or its staff from providing appropriate care according to ethical and professional standards, the relationship with the patient or resident may be terminated upon reasonable notice.
(h) A patient or resident is entitled to exercise his or her rights as a patient or resident and as a citizen, and to this end may voice grievances/complaints regarding treatment or care that is—or fails to be—provided, or recommend changes in policies and services on behalf of himself or herself or others to the health facility or agency staff, to governmental officials, or to another person of his or her choice within or outside the health facility or agency, free from restraint, interference, coercion, discrimination, or reprisal. A patient or resident is entitled to information about the health facility’s or agency’s policies and procedures for initiation, review, and resolution of patient or resident complaints.
(i) A patient or resident is entitled to information concerning an experimental procedure proposed as a part of his or her care and has the right to refuse to participate in the experimental procedure without jeopardizing his or her continuing care.
(j) A patient or resident is entitled to receive and examine an explanation of his or her bill regardless of the source of payment and to receive, upon request, information relating to financial assistance available through the health facility or agency.
(k) A patient or resident is entitled to know who is responsible for and who is providing his or her direct care, is entitled to receive information concerning his or her continuing health needs and alternatives for meeting those needs, and to be involved in his or her discharge planning, if appropriate.
A patient or resident is entitled to receive information about the services covered under the hospice benefit.
(l) A patient or resident is entitled to associate and have private communications and consultations with his or her physician, attorney, or any other person of his or her choice and to send and receive personal mail unopened on the same day it is received at the health facility or agency, unless medically contraindicated as documented by the attending physician in the medical record. A patient’s or resident’s civil and religious liberties, including the right to independent personal decisions and the right to knowledge of available choices, shall not be infringed and the health facility or agency shall encourage and assist in the fullest possible exercise of these rights. A patient or resident may meet with, and participate in, the activities of social, religious, and community groups at his or her discretion, unless medically contraindicated as documented by the attending physician in the medical record.
(m) A patient or resident is entitled to be free from mistreatment, neglect, or verbal, mental, sexual, or physical abuse, including injuries of unknown source, and the misappropriation of patient property. A patient or resident is entitled to be free from physical and chemical restraints, except those restraints authorized in writing by the attending physician for a specified and limited time or as are necessitated by an emergency to protect the patient or resident from injury to self or others, in which case the restraint may only be applied by a qualified professional who shall set forth in writing the circumstances requiring the use of restraints and who shall promptly report the action to the attending physician. In case of a chemical restraint, a physician shall be consulted within 24 hours after the commencement of the chemical restraint.
(n) A patient or resident is entitled to be free from performing services for the health facility or agency that are not included for therapeutic purposes in the plan of care.
(o) A patient or resident is entitled to information about the health facility or agency rules and regulations affecting patient or resident care and conduct.
(p) A patient or resident is entitled to be informed and receive written information concerning the hospice’s policy on advance directives, including state law and regulation.
(q) A patient or resident is entitled to adequate and appropriate pain and symptom management as a basic and essential element of his or her medical treatment, for conditions related to the terminal illness.
Responsibilities of patient or resident
- A patient or resident is responsible for following the health facility rules and regulations affecting patient or resident care and conduct.
- A patient or resident is responsible for providing a complete and accurate medical history.
- A patient or resident is responsible for making it known whether he or she clearly comprehends a contemplated course of action and the things he or she is expected to do.
- A patient or resident is responsible for following the recommendations and advice prescribed in a course of treatment by the physician.
- A patient or resident is responsible for providing information about unexpected complications that arise in an expected course of treatment.
- A patient or resident is responsible for being considerate of the rights of other patients or residents and health facility personnel and property.
- A patient or resident is responsible for providing the health facility with accurate and timely information concerning his or her sources of payment and ability to meet financial obligations.
MECHANISM FOR THE INITIATION, INVESTIGATION AND RESOLUTION OF COMPLAINTS IN ACCORDANCE WITH HOSPICE OF MICHIGAN POLICY:
- Patients/families may complain to either Hospice of Michigan, the Michigan Department of Licensing and Regulatory Affairs (LARA) or Community Health Accreditation Partner (CHAP) about any condition, event, or procedure in the hospice, with or without citing a specific violation of the state code.
- A patient/family may submit written or oral complaints to Hospice of Michigan.
- Hospice of Michigan will assist a complainant in reducing an oral complaint to writing, when such oral complaint is not resolved to the satisfaction of the complainant, upon request.
- The name, title, location and telephone number of the individual at Hospice of Michigan who is responsible for receiving complaints and conducting complaint investigations is provided at the time of enrollment and is in this memorandum.
- For purposes of this standard, a complaint will be defined as any dissatisfaction expressed by a patient or family that is presented directly to the Director of Organizational Integrity, either orally or in writing. Other issues that may surface from time to time but that are mutually resolved in lower levels of the organization will not be regarded as complaints.
- All complaints will be investigated within five (5) working days following receipt of the complaint.
- Within fifteen (15) working days following receipt of a complaint, Hospice of Michigan will deliver to the complainant a written report of the results of the investigation. If the complainant is not satisfied with the investigation or resolution of the complaint, they may file an appeal to the Hospice Administrator.
- Hospice of Michigan will maintain written complaints filed under the complaint procedure, and all complaint investigation reports delivered to each complainant, for three (3) years. Such records will be made available to LARA upon request.
If you have any questions about this notice, please contact the Director of Organizational Integrity.
Contact Information for filing complaints:
Director of Organizational Integrity
2366 Oak Valley Dr., Ann Arbor, MI 48103
Phone: (888) 247-5701
Michigan Dept. of Licensing and Regulatory Affairs
Community Health Accreditation Partner
Contact Information for Hospice Administrator to file an appeal:
Phone: (888) 247-5701