OAR 333-027-0080
Patients’ Rights
(1)
Bill of Rights: An agency must provide each patient with a written notice of the patient’s rights prior to furnishing care to the patient or during the initial evaluation visit prior to the initiation of treatment. This notice shall state that a patient of the agency has the following rights:(a)
The right to have personal property treated with respect;(b)
The right to voice grievances regarding treatment or care, a lack of respect for property by anyone furnishing services on behalf of the agency, or any other issue, without discrimination or reprisal for exercising such rights. The agency must investigate all complaints made by the patient or the patient’s family or guardian regarding the above and must document the investigation and the resolution of the complaint;(c)
The right to be informed, in advance, about the care to be furnished, any changes in the care to be furnished, the disciplines that will furnish care, and the frequency of visits proposed to be furnished;(d)
The right to participate in the planning of care;(e)
The right to have clinical records confidentially maintained by the agency;(f)
The right to be advised, before care is initiated, of the extent that payment for the agency services may be expected from Medicare or other sources, and the extent that payment may be required from the patient. The agency must provide this information orally and in writing before care is initiated; and(g)
The right to be advised orally and in writing of any changes in the information provided in accordance with subsection (1)(f) as soon as possible, but no later than 30 working days from the date that the agency becomes aware of a change.(2)
Health Care Directives: An agency shall maintain written policies and procedures, applicable to any person 18 years of age or older, or to any adult as defined under ORS 127.505 (Definitions for ORS 127.505 to 127.660), who is receiving health care by, or through, the agency, that provide for:(a)
Delivery to the patient or the patient’s legal representative of the following information and materials, in written form, without recommendation:(A)
Information on the rights of the individual under Oregon law to make health care decisions;(B)
Information on the policies of the agency with respect to the implementation of the rights of the individual under Oregon law to make health care decisions;(C)
A copy of the advance directive set forth in ORS 127.531 along with a disclaimer attached to each form in at least 16-point bold type stating “You do not have to fill out and sign this form”; and(D)
The name of a resource that can provide additional information concerning the forms for advance directives.(b)
Documentation placed prominently in the patient’s record and reflecting whether the patient has executed an advance directive.(c)
Compliance by the agency with Oregon law relating to advance directives; and(d)
Education of agency personnel and the community on issues relating to advance directives.(3)
An agency shall provide the written information described in section (2) to the patient not later than 15 days after the initial provision of care by the agency, but in any event before discharge of the patient;(4)
An agency need not furnish a copy of an advance directive to a patient or the patient’s legal representative if it has reason to believe that the patient has received a copy of an advance directive in the form set forth in ORS 127.531 within the preceding 12-month period or has previously executed an advance directive.
Source:
Rule 333-027-0080 — Patients’ Rights, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-027-0080.