Patients’ Bill of Rights
As a patient in a hospital in New York State, you have the right, consistent with law, to:
(1) Understand and use these rights. If for any reason you do not understand or you need help, the hospital MUST provide assistance, including an interpreter.
(2) Receive treatment without discrimination as to race, color, religion, sex, gender identity, national origin, disability, sexual orientation, age or source of payment.
(3) Receive considerate and respectful care in a clean and safe environment free of unnecessary restraints.
(4) Receive emergency care if you need it.
(5) Be informed of the name and position of the doctor who will be in charge of your care in the hospital.
(6) Know the names, positions and functions of any hospital staff involved in your care and refuse their treatment, examination or observation.
(7) Identify a caregiver who will be included in your discharge planning and sharing of post-discharge care information or instruction.
(8) Receive complete information about your diagnosis, treatment and prognosis.
(9) Receive all the information that you need to give informed consent for any proposed procedure or treatment. This information shall include the possible risks and benefits of the procedure or treatment.
(10) Receive all the information you need to give informed consent for an order not to resuscitate. You also have the right to designate an individual to give this consent for you if you are too ill to do so. If you would like additional information, please ask for a copy of the pamphlet “Deciding About Health Care — A Guide for Patients and Families”.
(11) Refuse treatment and be told what effect this may have on your health.
(12) Refuse to take part in research. In deciding whether or not to participate, you have the right to a full explanation.
(13) Privacy while in the hospital and confidentiality of all information and records regarding your care.
(14) Participate in all decisions about your treatment and discharge from the hospital. The hospital must provide you with a written discharge plan and written description of how you can appeal your discharge.
(15) Review your medical record without charge and, obtain a copy of your medical record for which the hospital can charge a reasonable fee. You cannot be denied a copy solely because you cannot afford to pay.
(16) Receive an itemized bill and explanation of all charges.
(17) View a list of the hospital’s standard charges for items and services and the health plans the hospital participates with.
(18) Challenge an unexpected bill through the Independent Dispute Resolution process.
(19) Complain without fear of reprisals about the care and services you are receiving and to have the hospital respond to you and if you request it, a written response. If you are not satisfied with the hospital’s response, you can complain to the New York State Health Department. The hospital must provide you with the State Health Department telephone number.
(20) Authorize those family members and other adults who will be given priority to visit consistent with your ability to receive visitors.
(21) Make known your wishes in regard to anatomical gifts. Persons sixteen years of age or older may document their consent to donate organs, eyes and/or tissues,, upon their death, by enrolling in the NYS Donate Life Registry or by documenting their authorization for organ and/or tissue donation in writing in a number of ways (such as health care proxy, will, donor care, or other signed paper). The health care proxy is available from the hospital.
Public Health Law (PHL) 2803 (1)(g)Patient’s Rights, 10NYCRR, 405.7,405.7(a)(1),405.7(c)
In addition, per the Centers for Medicare & Medicaid Services, you have the right to:
- Be informed of these rights in advance of furnishing or discontinuing care when possible
- To be free from all forms of abuse, harassment and corporal punishment
- To participate in the development and implementation of your plan of care
- To formulate advanced directives and to have hospital staff and practitioners who provide care in the hospital comply with those directives
- To have a family member or representative of your choice and your own physician notified promptly of your admission to the hospital
- To be free from restraints or seclusions of any form imposed as a means of coercion, discipline, convenience, or retaliation by staff
- To have safe implementation of restraints or seclusion (when deemed medically necessary) by trained staff
- Be informed of your visitation rights, including any clinical restriction or limitation of such rights.