Patient Rights in Colorado

The law in Colorado on Patient Rights:

PATIENT RIGHTS POLICY (1) The health care entity shall develop and implement a policy regarding patient rights. The policy shall ensure that each patient or, where appropriate, patient designated representative has the right to: (a) participate in all decisions involving the patient’s care or treatment; (b) be informed about whether the health care entity is participating in teaching programs, and to provide informed consent prior to being included in any clinical trials relating to the patient’s care. (c) refuse any drug, test, procedure, or treatment and to be informed of risks and benefits of this action; (d) to care and treatment, in compliance with state statute, that is respectful, recognizes a person’s dignity, cultural values and religious beliefs, and provides for personal privacy to the extent possible during the course of treatment; (e) know the names, professional status, and experience of the staff that are providing care or treatment to the patient; (f) receive, upon request: (i) prior to initiation of care or treatment, the estimated average charge to the patient for non-emergent care. This includes reasonable assistance with determining the charges which may include deductibles and co-payments that would not be covered by a third-party payer based on the coverage information supplied by the patient or patient designated representative. In discharging its responsibility hereunder, a health care entity may provide the estimated charge for an average patient with a similar diagnosis and inform the patient or the patient designated representative that there are variables that may alter the estimated charge. (ii) the health care entity’s general billing procedures. (iii) an itemized bill that identifies treatment and services by date. The itemized bill shall enable patients to validate the charges for items and services provided and shall include contact information, including a telephone number for patient billing inquiries. The itemized bill shall be made available either within 10 business days of the request, or 30 days after discharge for inpatients, or 30 days after the service is rendered for outpatients – whichever is later. (g) give informed consent for all treatment and procedures. It is the responsibility of the licensed independent practitioner and other health professionals to obtain informed consent for procedures that they provide to the patient. (h) register complaints with the health care entity and the Department and to be informed of the procedures for registering complaints including contact information. (i) be free of abuse and neglect. To effectuate this patient right, the health care entity shall develop and implement policies and procedures to prevent, detect, investigate, and respond to incidents of abuse or neglect. Prevention includes, but is not limited to, adequate staffing to meet the needs of the patients, screening employees for records of abuse and neglect and protecting patients from abuse during investigation of allegations. Detection includes, but is not limited to, establishing a reporting system and training employees regarding identifying, reporting, and intervening in incidences of abuse and neglect. The health care entity shall investigate, in a timely manner, all allegations of abuse or neglect and implement corrective actions in accordance with such investigations. (j) be free of the inappropriate use of restraints. Inappropriate use includes improper application of a restraint or the usage of a restraint as a means of coercion, discipline, convenience, or retaliation by staff. A health care entity that does not use restraints shall include a written statement in their policies and procedures to that effect. A health care entity that does use restraints shall develop and implement policies and procedures regarding: (i) the provision of training on the use of restraints. (ii) ongoing individual patient assessment to determine: when a medical condition or symptom indicates use of restraint to protect the patient or others from harm; the least restrictive intervention; and the discontinuation of the intervention at the earliest possible time. (iii) documentation of the use of restraint in the patient’s medical record. (k) except in emergent situations, patients shall only be accepted for care and services when the facility can meet their identified and reasonable anticipated care, treatment, and service needs. (l) care delivered by the health care entity in accordance with the needs of the patient. (m) confidentiality of medical records. (n) receive care in a safe setting. (o) disclosure as to whether referrals to other providers are entities in which the health care entity has a financial interest. (p) to formulate advance directives and have the health care entity comply with such directives, as applicable and in compliance with applicable state statute. (2) The health care entity shall disclose the policy regarding patient rights prior to treatment or upon admission, where possible. For any patient care or treatment course requiring multiple patient encounters, disclosure provided at the beginning of such care or treatment course shall meet the intent of the regulations. (3) Each health care entity shall post a clear and unambiguous notice in a public location in the health care entity specifying that complaints may be registered with the health care entity, the Department, and with the appropriate oversight board at the Department of Regulatory Agencies (DORA). Upon request, the health care entity shall provide the patient and any interested person with contact information for registering complaints. 

6 CCR 1011-1 Chap 02-6.104 – PATIENT RIGHTS POLICY(1/28/16)

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