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STATEMENT
OF PATIENT RIGHTS AND RESPONSIBILITIES
as adopted by the Patient Advisory Committee October
13, 1993
ESRD Network
#15 presents this statement of patient rights and responsibilities,
an important part of a patients care, with the expectation
that observance of them will contribute to more effective care and
greater satisfaction for both patients and facility personnel without
regard to sex, cultural, economic, educational, religious background,
sexual orientation, or to the source of payment for his/her care.
Network #15 serves the states of Arizona, Colorado, Nevada, New
Mexico, Utah, and Wyoming.
RESPECT,
PRIVACY AND CONFIDENTIALITY
Rights: It is your right to be treated with
respect, dignity, and consideration of your rights as an individual
by everyone involved in your care; and, to have as much privacy
in treatment as possible. Case discussion, consultation, examination
and treatment are confidential and should be conducted in a manner
which protects these rights for you.
It is your
right to expect all communications and records of your care to be
treated as confidential. You may approve or refuse to release your
records to any individual outside the facility, except if you transfer
to another health care institution, or as required by federal, state,
or local laws.
Responsibilities:
It is your responsibility to treat the staff with the same respect
and individual consideration as you expect for yourself. This includes
the responsibility to be honest and direct about everything that
relates to you as a patient, to respect the personal rights and
private property of other patients, and see that your visitors are
considerate as well.
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INFORMATION, EDUCATION,
AND COUNSELING
Rights: It is your right to be told, in terms
which you can understand, all about your disease and its treatment.
This includes diagnosis, medical procedures, tests to be done, equipment
to be used, your progress, your future prospects, the risks involved,
and the treatment choices and locations where treatment is available.
You also have the right to know the person responsible for the procedures
and/or treatment. It is your right to seek your own nephrologist
and treatment facility and to participate in the planning of your
medical care.
You have the
right to education on the various treatment choices, including hemodialysis,
peritoneal dialysis (CAPD/CCPD), and transplantation. However, be
advised that not everyone is a suitable candidate for every treatment
method; but those who are not have the right to be told by their
physician why they are not.
You have the
right to assistance which deals with specific problems or special
needs that include (but are not limited to) blindness, hearing loss,
language barrier, limited mental capacity, financial restrictions,
etc., that may limit your ability to comprehend your condition or
carry out your treatment plan.
It is your
right to have access to qualified social work and dietary counseling.
Responsibilities:
It is your responsibility to understand the nature and treatment
of your kidney disease to the best of your ability. An important
part of the success of the treatment plan is your understanding
of your health problems. You should help make and carry out the
prescribed treatment program as much as you can. You are encouraged
to ask questions of staff members to obtain further instruction
if you do not understand or are unable to follow your treatment
plan. Following your treatment plan closely can directly affect
how you feel
It is your responsibility to contact the staff about any medical,
psychological, social, dietary, or financial problem with which
you want assistance.
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INFORMED CONSENT,
TRANSFER, AND REFUSAL OF TREATMENT
Rights: It is your right to receive information
necessary for you to give informed consent prior to
any new procedure or treatment (meaning that you agree to things
only after you understand them).
It is your
right to be transferred or discharged only for medical reasons,
for your own welfare, for the welfare of other patients, or for
willful nonpayment of services provided to you (except as prohibited
by the Social Security Act). You must be given reasonable advance
notice of any transfer or discharge except in the case of an emergency
as determined by the professional staff.
It is your
right to refuse to allow a staff member undergoing training to provide
treatment unless a competent and fully trained staff member is present
and directly supervising the trainee.
It is your
right to refuse treatment to the extent permitted by law, and to
be informed of the medical consequences of your actions. (In other
words, most patients can refuse treatments, but they need to know
that doing so can bring about great harm and even death in certain
circumstances).
Documents called
advance directives can protect your right to refuse
or limit future medical treatment if you ever become unable to communicate
your wishes. This is done by writing them down ahead of time using
documents such as Living Wills and Medical Durable Powers of Attorney.
Ask your treatment facility staff about information on advance
directives if you are interested.
Responsibilities: It is your responsibility to decide whether
or not the information you get from your caregivers is enough for
you to feel comfortable in agreeing to undergo new procedures.
If you transfer
to a new facility, it is your responsibility to secure the services
of a nephrologist to provide your medical management at that facility.
It is your
responsibility to notify the medical staff if you intend to not
follow your prescribed medical treatment plan.
It is your
responsibility to understand what will happen if you do not follow
your treatment plan and to explain your reasons for your refusal
to the medical staff. Also, you must sign any forms required by
the facility to document your actions.
If you have
chosen to use advance directives (Living Will or Medical
Durable Power of Attorney), it is your responsibility to furnish
your facility with complete, current documents.
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KNOWLEDGE OF FACILITY
SERVICES
Rights: It is your right to be dialyzed at
the hours most convenient and desirable to you, as the facility
schedule permits. Furthermore, it is your right to expect the facility
to provide treatment at your regularly scheduled times, except in
unusual circumstances.
It is your
right to receive, upon request, information about facilities available
to visiting patients and to receive assistance in arranging for
dialysis when you plan to travel away from home.
It is your
right to know all costs of your care, including costs for any consultants,
if used, and to have access to individuals who know about Medicare
and other potential sources of financial assistance, and to be told
about charges for services not covered by Medicare or other insurance.
Responsibilities:
It is your responsibility to make every effort to keep all scheduled
appointments and dialysis treatments and to be on time. If an appointment
needs to be canceled or delayed, a call to the unit should be made
in advance. You should recognize the possibility of having to reschedule
if you are late.
It is your
responsibility, when dialyzing away from your usual facility, to
plan your travel far enough in advance that arrangements can be
made. You will need to confirm financial arrangements. Medical information
should be available to the visited facility and medical reports
should be sent back to your home facility. When dialyzing
away you have a particular responsibility for being knowledgeable
about care and treatment, to ensure you receive appropriate care.
It is your responsibility to know the costs of treatment and provide
accurate and complete information about your Medicare eligibility
and other necessary financial matters. You are responsible for payment
of all services provided to you and you should be aware of those
services covered by insurance and those for which you must pay yourself.
If you have any change in insurance coverage, it is your responsibility
to immediately notify your facility.
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EMERGENCY CARE
Rights: It is your right to expect emergency
medical care to be available at all times and to be given to you
without unnecessary delay.
It is your
right to be told exactly what to do and/or whom to call by your
physician or other caregiver, in case of medical emergencies such
as access bleeding, clotting, or other situations which may happen
for which there may be some advance action plan (fire, power outage,
low water pressure, natural disasters, etc.)
Responsibilities:
It is your responsibility to recognize what constitutes an emergency
and what actions you, or someone acting on your behalf, need to
take to appropriately deal with the emergency situation.
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GRIEVANCE MECHANISM
Rights: If you feel that there is a problem
with the care you receive or arrangements you have at your facility,
then it is your right to try to correct the situation by talking
to the staff to voice a complaint or to suggest changes in policies
or services. It is your right to do that, or have someone else do
it in your behalf, without fear of punishment or negative actions
toward you. If, after talking to the appropriate facility personnel
the problem still continues, you may file a formal complaint called
a grievance with the facility, which is required by law to have
a Grievance Procedure to help resolve the matter. If that process
is not satisfactory to you (and the problem pertains to a quality
of medical care issue) you can contact ESRD Network #15 for further
information and/or assistance, which might include filing a formal
grievance with the Network. Upon request your name can be held confidential.
Responsibilities:
It is your responsibility to know and to follow your facilitys
posted rules and regulations. If a problem arises for you we suggest
that you try to settle any disagreements informally with the appropriate
personnel. If the problem cannot be solved in that way, it is your
responsibility to know the proper Grievance Procedure in your treatment
center and we then suggest that you use that procedure. If, at that
point, the grievance remains unresolved and pertains to a quality
of care issue, you are encouraged to use the ESRD Network #15 Grievance
Protocol. You may contact the Network by writing ESRD Network #15,
1301 Pennsylvania Street, Suite 750, Denver, CO 80203, or by calling
one of the following toll-free numbers:
1-888-777-0105
or 1-800-783-8818.
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Intermountain
End-Stage Renal Disease Network
1301 Pennsylvania St #750, Denver, CO 80203-5012
phone: 303-831-8818 Fax: 303-860-8392
Toll free for patients only: 800-783-8818 or 888-777-0105
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