A resident may choose a Medicare certified hospice agency, be fully informed in advance about care and treatment provided by the facility and of any changes in that care or treatment that may affect the resident's well-being, and, unless adjudged incompetent or otherwise found to be incapacitated under the laws of the state, participate in planning care and treatment or changes in care or treatment.

Cross-References: Right to choose own physician unimpaired by public health programs -- Misdemeanor, SDCL 34-1-20.

Rights of authorized person as incapacitated person, SDCL 34-12C-6.

Liability of health care provider -- Liability of authorized decision maker, SDCL 34-12C-7.

Source: 42 SDR 51, effective October 13, 2015.

General Authority: SDCL 34-12-13(14).

Law Implemented: SDCL 34-12-13(14).