As a patient, you have these rights with no concern to sex, economic status, educational background, race, color, religion, ancestry, national origin, sexual orientation or marital status, or the source of payment for care:
- Considerate and respectful care.
- Knowing the name of the physician who has primary responsibility for coordinating care and the names and professional relationships of other physicians and non-physicians who will see the patient.
- Get information about the illness, the treatment and prospects for recovery in terms that the patient can understand.
- Get as much information about any proposed treatment or procedure as the patient may need in order to give informed consent or to refuse this course of treatment. Except in emergencies, this information shall include a description of the procedure or treatment, the medically significant risks involved in this treatment, alternate courses of treatment or non-treatment and the risks involved in each and to know the name of the person who will carry out the procedure or treatment.
- Participate actively in decisions regarding medical care. To the extent permitted by law this includes the right to refuse treatment.
- Full consideration of privacy concerning the medical care program. Case discussion, consultation, examination and treatment are confidential and should be conducted discreetly.
- Be advised as to the reason for the presence of any individual.
- Confidential treatment of all communications and records pertaining to care and the stay in the hospital. Written permission shall be obtained before the medical records can be made available to anyone not directly concerned with medical care.
- Reasonable responses to any reasonable requests made for service.
- Leave the hospital even against the advice of physicians (except for patients involuntarily detained by order of the court).
- Reasonable continuity of care and to know in advance the time and location of appointments as well as the identity of persons providing the care.
- Be advised if hospital/personal physician proposes to engage in or perform human experimentation affecting care or treatment. The patient has the right to refuse to participate in such research projects.
- Be informed of continuing healthcare requirements following discharge from the hospital.
- Examine and receive an explanation of the bill regardless of source of payment.
- Know which hospital rules and policies apply to the patient’s conduct while a patient.
- Have all of the patient’s rights apply to the person who may have legal responsibility to make decisions regarding medical care on behalf of the patient.
- Designate visitors of his/her choosing, if the patient has decision making capacity, whether or not the visitor is related by blood or marriage.
- Have the patient’s wishes considered for purposes of determining who may visit if the patient lacks decision making capacity and to have the method of that consideration disclosed in the hospital policy on visitation. At a minimum, the hospital shall include any person living in the household.
- No visitors are allowed when:
- The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, a member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of the facility.
- The patient has indicated to hospital staff that the patient no longer wants this person to visit.
- This section may not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including restrictions upon the hours of visitation and number of visitors.
If you have questions, concerns or a complaint regarding your rights, please contact the Customer Service Department at SCVMC, 751 South Bascom Avenue, San Jose CA 95128. You can also call them at 1.800.351.1818 or 408.885.4826 during regular business hours, Monday to Friday, 8am to 5pm
Code of Federal Regulations
The Patient’s Rights Conditions of Participation for hospitals has six standards to make sure minimum protections are in place for each patient’s physical and emotional health and safety. Each patient has the right to:
- Be notified of his or her rights;
- Exercise his or her rights in regard to his or her care.
- Privacy and safety;
- Confidentiality of his or her records;
- Be free of restraints used in the provision of acute medical and surgical care unless clinically necessary; and
- Be free from seclusion and restraints used in behavior management unless clinically necessary.