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Your Rights As a Hospital Patient Questions to Prepare for Surgery If You Think You're Leaving the Hospital Too Soon Getting to Know Your MCO (managed care organization)
Preventing Prescription Errors
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IF YOU THINK YOU’RE BEING ASKED TO LEAVE THE HOSPITAL TOO SOON Your Right to Your Medical Records | How to Appeal | Health Care Proxy | DNR Order
Patients have the right to question any decisions regarding discharge from the hospital. Challenges can be filed with the hospital and the patient cannot be charged for further stay until the claim is settled. Be sure that you receive a written notice of discharge which the hospital is required to give you. You need this discharge notice in order to appeal. The notice will say who to call and how to appeal. To avoid extra charges you must call to appeal by 12 noon of the day you receive the notice. If you miss this time, you may still appeal. However, you may have to pay for you continued stay in the hospital if you lose your appeal. If you need help in understanding you right to challenge a hospital discharge you can contact:
New York Statewide Senior Action Council
Many New York hospitals have hired full-time representatives to help patients interpret and exercise their rights. These individuals can help you get answers to questions you may have. They can also arrange for family contacts, special help, and generally make you hospital stay easier. Remember, it is up to you to speak up and ask questions.
Your right to your medical records
Start by compiling a personal medical (including dental and optometric) history- all—illnesses, allergies, tests, and treatments you can remember‹including dates and information about any hospitalization. Put together a listing of the drugs you’ve been prescribed and get a list of the immunizations you’ve had (start by contacting your pediatrician). Once you’ve put together your past records, begin collecting current information, such as the dates you saw your physician, the reason you saw him or her and the recommendation made for any needed treatment. In addition, request copies of the reports of you X-rays, written reports describing the results of medical tests, surgical reports, and hospital records. Try to be as specific as possible in requesting this information. You have a right to collect this information. Under New York law, all health care providers and facilities have 10 days to grant consumers access to their medical records. Under a state law, the charge for copying these records cannot exceed 75 cents per page. Moreover, you cannot be denied copes of those records because you cannot afford them. However, you can legally be denied access to:
How to Appeal If you’re denied access to your medical records, your provider is required to give you a form explaining the appeals process. If you wish to appeal, you should fill our the form and send it to: New York State Department of Health Office of Professional Medical Conduct Health Care Proxy New York law recognizes that you can appoint a health care agent, or proxy, to make decisions about your care when and if you become incapacitated for any reason. This law requires hospitals to inquire whether you have executed a proxy and provide you with a copy of the Health Care Proxy form when you are admitted to a hospital. It is possible to get a copy of this form in advance so you can keep it on file in case of an emergency. You can get a copy of the form by writing to: New York State Department of Health However, you do not need a copy of the actual form. Anything in writing signed by witnesses will suffice. Do-Not-Resuscitate (DNR) Order At your request a DNR order may be includes in your medical chart. It instructs medical staff not to try to revive you if you breathing or heartbeat has stopped. This means that doctors, nurses and other health care practitioners will not initiate such emergency procedures as mouth-to mouth resuscitation, external compression, electric shock, insertion of a tube to open your airway, injection of medication into your heart or open chest. Under New York State law, all adult patients can request a DNR order verbally to in writing if two witnesses are present. In addition, the Healthy Care Proxy law allows you to appoint someone to make decisions about DNR and other treatment if you are unable to do so.
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