Md. Code Ann., Health-Gen. § 19-343
Basic rights of patients in comprehensive care or extended care facilities
Effective Jul 1, 2024Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1982, c. 371, § 1, eff. July 1, 1982; Acts 1982, c. 389, § 1, eff. July 1, 1982; Acts 1988, c. 452, § 2, eff. July 1, 1988; Acts 2002, c. 368, § 1, eff. Oct. 1, 2002; Acts 2019, c. 545, § 1, eff. Oct. 1, 2019; Acts 2024, c. 141, § 1, eff. July 1, 2024.State of Maryland
- (a) In this section and §§ 19-344, 19-345, 19-345.1, 19-345.2, and 19-345.3 of this subtitle, “facility” means a related institution that, under the rules and regulations of the Department, is a comprehensive care facility or an extended care facility.
(b)
- (1) The General Assembly intends to promote the interests and well-being of each resident of a facility.
(2) It is the policy of this State that, in addition to any other rights, each resident of a facility has the following basic rights:
- (i) The right to be treated with consideration, respect, and full recognition of human dignity and individuality;
- (ii) The right to receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant State and federal laws, rules, and regulations;
- (iii) The right to privacy;
- (iv) The right to be free from mental and physical abuse;
- (v) The right to notice, procedural fairness, and humane treatment when being transferred or discharged from a facility;
- (vi) The right to participate in decision making regarding transitions in care, including a transfer or discharge from a facility;
- (vii) The right to expect and receive appropriate assessment, management, and treatment of pain as an integral component of the patient's care;
- (viii) The right to be free from physical and chemical restraints, except for restraints that a physician authorizes for a clearly indicated medical need;
- (ix) The right to receive respect and privacy in a medical care program; and
- (x) The right to manage personal financial affairs.
(c) Each facility shall:
- (1) Post, conspicuously in a public place, the policy set forth in subsection (b) of this section and the provisions in §§ 19-344(b) through (m), 19-345, and 19-346(i)(2) of this subtitle;
(2) Give a copy of the policy and those provisions:
- (i) On admission, to the resident;
- (ii) To the guardian, next of kin, or sponsoring agency of the resident; and
- (iii) To a representative payee of the resident;
- (3) Keep a receipt for the copy that is signed by the person who received the copy; and
- (4) Provide appropriate staff training to carry out the policy and those provisions.
Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1982, c. 371, § 1, eff. July 1, 1982; Acts 1982, c. 389, § 1, eff. July 1, 1982; Acts 1988, c. 452, § 2, eff. July 1, 1988; Acts 2002, c. 368, § 1, eff. Oct. 1, 2002; Acts 2019, c. 545, § 1, eff. Oct. 1, 2019; Acts 2024, c. 141, § 1, eff. July 1, 2024.
Formerly Art. 43, § 565C.