PURPOSE: This rule establishes the minimum requirements necessary to assure patients’ rights are protected.

1. (1) The chief executive officer shall be responsible for establishing and implementing a mechanism to assure that patients’ rights are protected. At a minimum, the mechanism shall include the following:

   1. (A) The patient has the right to be free from abuse, neglect or harassment;
   2. (B) The patient has the right to be treated with consideration and respect;
   3. (C) The patient has the right to protective oversight while a patient in the hospital;
   4. (D) The patient or his/her designated representative has the right to be informed regarding the hospital’s plan of care for the patient;
   5. (E) The patient or his/her designated representative has the right to be informed, upon request, regarding general information pertaining to services received by the patient;
   6. (F) The patient or his/her designated representative has the right to review the patient’s medical record and to receive copies of the record at a reasonable photocopy fee;
   7. (G) The patient or his/her designated representative has the right to participate in the patient’s discharge planning, including being informed of service options that are available to the patient and a choice of agencies which provide the service;
   8. (H) When a patient has brought personal possessions to the hospital, s/he has the right to have these possessions reasonably protected;
   9. (I) The patient has the right to accept medical care or to refuse it to the extent permitted by law and to be informed of the medical consequences of refusal. The patient has the right to appoint a surrogate to make health care decisions on his/her behalf to the extent permitted by law;
   10. (J) The patient, responsible party or designee has the right to participate in treatment decisions and the care planning process;
   11. (K) The patient has the right to be informed of the hospital’s patient grievance policies and procedures, including who to contact and how; and
   12. (L) The patient has the right to file a formal or informal verbal or written grievance and to expect a prompt resolution of the grievance, including a timely written notice of the resolution. The grievance may be made by a patient or the patient’s representative. Any patient service or care issue that cannot be resolved promptly by staff present will be considered a grievance for purposes of this requirement. The written notice of the resolution should include information on the steps taken on behalf of the patient to investigate the grievance, the results of the investigation, and the date the investigation was completed. If the corrective action is still being evaluated, the hospital’s response should state that the hospital is still working to resolve the grievance and the hospital will follow-up with another written response when the investigation is complete or within a specified time frame.

AUTHORITY: sections 192.006 and 197.080, RSMo 2000.* This rule previously filed as 19 CSR 30-20.021(2)(B)17. Original rule filed June 27, 2007, effective Feb. 29, 2008. *Original authority: 192.006, RSMo 1993, amended 1995 and 197.080, RSMo 1953, amended 1993, 1995.