Patient Bill of Rights
The Rights of our patients is the foundation for basic human rights and for the care that is provided in this facility, it shall be the cement that we stand on and believe in for the sake of our patients. Therefore, this facility will post a full set of these rights and patient responsibilities behind a glass and frame, then position them onto the wall of the lobby of our center. These rights will be posted for the convenience of reminding our patients of these and our advocacy to their adherence.
*Prior to any patient receiving any medical care here in our center, we will educate our patients about these rights and we will ensure that it is communicated to them in the language that they can understand. Should the language barrier become a problem, a family member, interpreter, or other means to communicate will be offered and utilized. A copy of these rights is presented to the patient to take home with them, and then the signed original copy from the patient will be placed in the medical record. It is important to remember that the signed copy of the patient rights and responsibilities shall include the patient signature, the date, and the time of the patient having received this understanding.
One copy of these rights will be framed and placed on the wall of the patient lobby area of our facility.
A copy is provided to the patient, as the staff will then verbally walk the patient through this portion ensuring their understanding of their rights.
The Staff will educate the patient as to the ownership of this facility, and whether or not any caregiver, physician has any interest and ownership of this facility. There is also the Ownership notification and disclosure listed in the lobby of the facility that clearly states the ownership make up herein.
Our Facility and medical staff have adopted the following statement of patient rights. This list shall include, but not be limited to, the patient's right to:
Become informed of his or her rights as a patient in advance of, or when discontinuing, the provision of care. The patient may appoint a representative to receive this information should he or she so desire.
Exercise these rights without regard to sex or cultural, economic, educational or religious background or the source of payment for care.
Considerate and respectful care, provided in a safe environment, free from all forms of abuse, neglect, harassment and/or exploitation.
Have his or her cultural, psychosocial, spiritual and personal values, beliefs and preferences respected. To assure these preferences are identified and communicated to staff, a discussion of these issues will be included during the initial assessment.
Access protective and advocacy services or have these services accessed on the patient’s behalf.
Appropriate assessment and management of pain.
Remain free from seclusion or restraints of any form that are not medically necessary or are used as a means of coercion, discipline, convenience or retaliation by staff.
Be made aware of the ownership structure for this facility and whether or not the referring physician has any interest in this business financial or otherwise.
Knowledge of the name of the physician who has primary responsibility for coordinating his/her care and the names and professional relationships of other physicians and healthcare providers who will see him/her.
Receive information from his/her physician about his/her illness, course of treatment, outcomes of care (including unanticipated outcomes), and his/her prospects for recovery in terms that he/she can understand.
Receive as much information about any proposed treatment or procedure as he/she may need in order to give informed consent or to refuse the course of treatment. Except in emergencies, this information shall include a description of the procedure or treatment, the medically significant risks involved in the treatment, alternate courses of treatment or non-treatment and the risks involved in each and the name of the person who will carry out the procedure or treatment.
Participate in the development and implementation of his or her plan of care and actively participate in decisions regarding his/her medical care. To the extent permitted by law, this includes the right to request and/or refuse treatment.
Formulate advance directives regarding his or her healthcare, and to have facility staff and practitioners who provide care in the facility comply with these directives (to the extent provided by state laws and regulations).
Have a family member or representative of his or her choice notified promptly of his or her admission to the facility.
Have his or her personal physician notified promptly of his or her admission to the facility.
Full consideration of privacy concerning his/her medical care program. Case discussion, consultation, examination and treatment are confidential and should be conducted discreetly. The patient has the right to be advised as to the reason for the presence of any individual involved in his or her healthcare.
Confidential treatment of all communications and records pertaining to his/her care and his/her stay in the facility. His/her written permission will be obtained before his/her medical records can be made available to anyone not directly concerned with his/her care.
Receive information in a manner that he/she understands. Communications with the patient will be effective and provided in a manner that facilitates understanding by the patient. Written information provided will be appropriate to the age, understanding and, as appropriate, the language of the patient. As appropriate, communications specific to the vision, speech, hearing cognitive and language-impaired patient will be appropriate to the impairment.
Access information contained in his or her medical record within a reasonable time frame (usually within 48 hours of the request).
Reasonable responses to any reasonable request he/she may make for service.
Leave the facility even against the advice of his/her physician.
Reasonable continuity of care.
Be advised of the facility grievance process, should he or she wish to communicate a concern regarding the quality of the care he or she receives or if he or she feels the determined discharge date is premature. Notification of the grievance process includes: whom to contact to file a grievance, and that he or she will be provided with a written notice of the grievance determination that contains the name of the facility contact person, the steps taken on his or her behalf to investigate the grievance, the results of the grievance and the grievance completion date.
Be advised if facility/personal physician proposes to engage in or perform human experimentation affecting his/her care or treatment. The patient has the right to refuse to participate in such research projects. Refusal to participate or discontinuation of participation will not compromise the patient’s right to access care, treatment or services.
Full support and respect of all patient rights should the patient choose to participate in research, investigation and/or clinical trials. This includes the patient’s right to a full informed consent process as it relates to the research, investigation and/or clinical trial. All information provided to subjects will be contained in the medical record or research file, along with the consent form(s).
Be informed by his/her physician or a delegate of his/her physician of the continuing healthcare requirements following his/her discharge from the facility.
Examine and receive an explanation of his/her bill regardless of source of payment.
Know which facility rules and policies apply to his/her conduct while a patient.
Have all patient's rights apply to the person who may have legal responsibility to make decisions regarding medical care on behalf of the patient.
All facility personnel, medical staff members and contracted agency personnel performing patient care activities shall observe these patients’ rights.
The care a patient receives depends partially on the patient himself. Therefore, in addition to these rights, a patient has certain responsibilities as well. These responsibilities should be presented to the patient in the spirit of mutual trust and respect:
The patient has the responsibility to provide accurate and complete information concerning his/her present complaints, past illnesses, hospitalizations, medications and other matters relating to his/her health.
The patient is responsible for reporting perceived risks in his or her care and unexpected changes in his/her condition to the responsible practitioner.
The patient and family are responsible for asking questions about the patient’s condition, treatments, procedures, Clinical Laboratory and other diagnostic test results.
The patient and family are responsible for asking questions when they do not understand what they have been told about the patient’s care or what they are expected to do.
The patient and family are responsible for immediately reporting any concerns or errors they may observe.
The patient is responsible for following the treatment plan established by his/her physician, including the instructions of nurses and other health professionals as they carry out the physician's orders.
The patient is responsible for keeping appointments and for notifying the facility or physician when he/she is unable to do so.
The patient is responsible for his/her actions should he/she refuse treatment or not follow his/her physician's orders.
The patient is responsible for assuring that the financial obligations of his/her facility care are fulfilled as promptly as possible.
The patient is responsible for following facility policies and procedures.
The patient is responsible for being considerate of the rights of other patients and facility personnel.
The patient is responsible for being respectful of his/her personal property and that of other persons in the facility.
Sandman Technologies, Inc./ Sandman/ OMNICARE
P.O. Box 10873, Bakersfield, CA 93389 / 2030 Truxtun Avenue, Bakersfield, CA 93301 / (661) 395-0471
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Federal Law (the Health Insurance Portability and Accountability Act - HIPAA) requires that health care providers inform patients of their rights regarding how the provider may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. This Privacy Notice describes our privacy practices that relate to your protected health information. It also describes your rights to access and control your protected health information in some cases. Your “protected health information” means any written and oral health information about you, including demographic data that can be used to identify you. This is health information that is created or received by your health care provider, and that relates to your past, present or future physical or mental health or condition.
Contact Person: Sandman Technologies, Inc./ OMNICARE/ Sandman contact person for all issues regarding patient privacy and your rights under the federal privacy standards is the Privacy Officer. Information regarding matters covered by this notice can be requested by contacting the Privacy Officer. If you feel that your privacy rights have been violated by this facility you may submit a complaint to our Privacy Officer by sending it to: Sandman Technologies, Inc., 2030 Truxtun Avenue, Bakersfield, CA 93309, Attn: Privacy Officer. The Privacy Officer can be contacted by telephone at 661-395-0471.
Your Health Record and Protected Health Information: Each time you receive medical care from a health care provider, a record of your visit/ order is created. This record typically includes, but is not limited to, information such as your name, age, address, a history of your illness, injury, injury or symptoms, any test results, the treatment provided to you and treatment plans advised for your care, and notes on follow up care. How your health care information may be used and what controls you may exercise over the use of your health care information is described in this Privacy Notice.
Uses and Disclosures of Protected Health Information: Sandman Technologies, Inc./ OMNICARE/ Sandman may use your protected health information (PHI) for purposes of providing treatment, obtaining payment for treatment, and conducting health care operations. Your protected health information (PHI) may be used or disclosed only for these purposes unless Sandman Technologies, Inc./ Sandman OMNICARE has obtained your authorization or the HIPPA privacy regulations or state law otherwise permits the use or disclosure. Disclosures of your PHI for the purposes described in this Privacy Notice may be made in writing, orally, electronically or by facsimile.
Treatment We may use and disclose your protected health information (PHI) to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with nurses, technologists, radiology personnel, other facility staff involved in your care or a third party for treatment purposes. For example, we may disclose your protected health information (PHI) to a laboratory to order pre-procedural tests or to a pharmacy to fill a prescription. We may also disclose protected heath information (PHI) to physicians who may be treating you or consulting with Sandman Technologies with Respect to your care. In some cases, we may also disclose your PHI to people outside Sandman Technologies who may be involved in your medical care while you are at Sandman Technologies or after you leave Sandman Technologies such as other physicians or health care workers we use to provide services that are part of your care.
Payment Your PHI will be used, as needed, to obtain payment for the services that we provide. This may include certain communications to your health insurance company to get approval for the procedure that we have scheduled. For example, we may need to disclose information to your health insurance company to get prior approval for particular procedures. We may also disclose protected information to your health insurance company to determine whether you are eligible for benefits or whether a particular service is covered under your health plan. In order to get payment for the services we provide to you, we may also need to disclose your PHI to your health insurance company to demonstrate the medical necessity of the services or, as required by your insurance company, for utilization review. We may also disclose patient information to another provider involved in your care for the other provider's payment activities.
Operations We may use or disclose your protected health information (PHI), as necessary, for our own health care operations to facilitate the function of Sandman Technologies, Inc./ Sandman/ OMNICARE and to provide quality care to all patients. Health care operations include such activities as: quality assessment and quality control, employee review activities, accreditation, certification, licensing or credentialing activities, review and auditing, including compliance reviews, medical reviews, legal services and maintaining compliance programs, and business management and general administrative activities. In certain situations, we may also disclose patient information to another provider or health plan for their health care operations.
Other uses and disclosures for health care operations may include:
*Accreditation, certification, licensing, credentialing or other related activities
*Insurance related activities
*Medical review and auditing
*Business planning and/or development
*Internal grievance resolution
Appointment Reminders We may use or disclose your protected health information (PHI) to contact you or a family member involved in your health care or as authorized by you as a reminder that you have an appointment for treatment or medical care at our facility. We may also leave a message on your answering machine/voice mail system unless you tell us not to.
Treatment Alternatives We may use or disclose your protected health information (PHI) to tell you about or recommend possible treatment options or alternatives that may be of interest to you.
Health Related Benefits and Services We may use or disclose your protected health information to tell you about health related benefits or services that may be of interest to you.
Individuals Involved in Your Care or Payment of Your Care We may use or disclose your protected health information (PHI) to a family member who is involved in your medical care. We may also give information to someone assisting you in the payment for your care. We may also tell your family that you are at Sandman Technologies at the time of your care, or that information may be communicated to an entity assisting in a disaster relief effort in order to communicate your condition status and location to your family. If you want any of this information restricted you must communicate that to us using the appropriate procedure.
As Required By Law We will disclose health information about you when required to do so by federal, state or local law. This may include reporting of communicable diseases, wounds, abuse, disease/trauma registries, health matters and other public policy requirements. We may be required to report this information without your permission.
To Avert a Serious Threat to Health or Safety We may use and disclose health information for the following public activities and purposes:
*To prevent, control, or report disease, injury or disability as permitted by law.
*To conduct public health surveillance, investigations and interventions as permitted or required by law.
*To collect or report adverse events and product defects, track FDA regulated products, enable product recalls, repairs or replacement to the FDA and to conduct post marketing surveillance.
*To notify a person who has been exposed to a communicable disease or who may be at risk of contracting or spreading a disease as authorized by law.
*To report to an employer information about an individual who is a member of the workforce as legally permitted or required.
To Conduct Health oversight Activities. We may disclose your protected health information (PHI) to a health oversight agency for activities including audits, civil, administrative, or criminal investigations, proceedings, or actions: inspections: licensure or disciplinary actions: or other activities necessary for appropriate oversight as authorized by law. We will not disclose your protected health information (PHI) under this authority if you are the subject of an investigation and your health information is not directly related to your receipt of health care or public benefits.
In Connection With Judicial And Administrative Proceedings. We may disclose your protected health information (PHI) in the course of any judicial or administrative proceeding in response to an order of a court or administrative tribunal as expressly authorized by such order. In certain circumstances, we may disclose your protected health information (PHI) in response to a subpoena to the extent authorized by state law if we receive satisfactory assurances that you have been notified of the request or that an effort was made to secure a protective order.
For Law Enforcement Purposes. We may disclose your protected health information to a law enforcement official for law enforcement purposes as follows:
*As required by law for reporting of certain types of wounds or other physical injuries.
*Pursuant to court order, court-ordered warrant, subpoena, summons or similar process.
*For the purpose of identifying or locating a suspect, fugitive, material witness or missing person.
*Under certain limited circumstances, when your are the victim of a crime.
*To a law enforcement official if the facility has a suspicion that your health condition was the result of criminal conduct.
*In an emergency to report a crime.
Inmates If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release health information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.
For Specified Government Functions In certain circumstances, federal regulations authorize the facility to use or disclose your protected health information to facilitate specified government functions relating to military and veterans activities, national security and intelligence activities, protective services for the President and others, medical suitability determinations, correctional institutions, and law enforcement custodial situations.
For Worker’s Compensation The facility may release your health information to comply with worker’s compensation laws or similar programs.
You may object to these disclosures. If you do not object to these disclosures or we can infer from the circumstances that you do not object or we determine, in the exercise of our professional judgment, that it is in your best interest for us to make disclosure of information that is directly relevant to the person’s involvement with your care, we may disclose your protected health information as described.
Uses and Disclosures which you Authorize Other than as stated above, we will not disclose your health information other than with your written authorization. You may revoke your authorization in writing at any time except to the extent that we have taken action in reliance upon the authorization.
YOU WILL NOT BE PENALIZED FOR FILING A COMPLAINT