“Your Rights as a Hospital Patient” for Seniors in New York State

About Your Rights in the Hospital “Your Rights as a Hospital Patient in NYS” booklet: State/Federal laws require all patients when admitted into a hospital to be given certain information and materials. This booklet is a collection of this information into one place, it explains the rights of patients, which includes advice for patients on how best get assistance. It is given to all patients for reference and is available on-line in the top six (6) languages of NYS. Review it carefully and share it with your health care agent, families or friends who are involved in your care. CON includes programmatic narrative of the project; org chart/integration in existing services; staffing; financials, service area and population served DOH has also included UNOS application Started in 1996 w TC review

Concerns or Problems about Your Hospital Care If you have a concern related to care during your hospital stay, first speak with your doctor, nurse, or staff member. You have a right If the problem is not resolved, reach out to the hospital’s patient representative who can help with the following: help you get answers or arrange for special help or needs; make contacts with your family; get foreign language and sign language interpreters; and generally make your hospital stay easier. You can contact your patient representative before you enter the hospital to be sure your special needs are made when you arrive.

If You Have A Complaint About Your Care At any time, you may contact the NYS Department of Health by regular mail at: New York State Department of Health Centralized Hospital Intake Program Mailstop: CA/DCS Empire State Plaza Albany, NY 12237 Or by phone at: 1-800-804-5447 Or submit your complaint or concern via an on-line electronic Facility Complaint form at https://apps.health.ny.gov/surveyd8/facility-complaint-form#no-back

If you’re being asked to leave the hospital too soon…. You have the right to appeal decisions made by your doctor, hospital staff or managed care plan: The law requires that you receive advance notice of your discharge in writing. You will need this discharge notice in order to appeal. The notice must include: The date the physician and/or hospital plans to discharge you; How to appeal if you wish to remain in hospital; and A special number to call with any problems relating to leaving. You may have to pay for the continued stay if you lose your appeal.

Your Discharge Plan Your Discharge Plan must describe the arrangements for any future health care you may need after discharge. You may not be discharged until the services required in your plan are secured and determined by the hospital to be reasonably available. Patients (or their rep) must be given the opportunity to sign the documents and receive a copy of the signed documents.

Appeal Your Discharge As a Medicare patient, you have a right to appeal your discharge plan through the Independent Dispute Resolution process; Ask to have your discharge plan be reviewed by a Quality Improvement Organization (QIO) Livanta, which is an outside reviewer hired by Medicare to look at your case to decide whether you are ready to leave the hospital. You must call before you are discharged, and doing so, you will not have to pay for the services you receive with the exception of copays and deductibles. Call Livanta at 1-866-815-5440. The Your Rights booklet includes steps on how to appeal.

Billing / Financial Assistance Qualified patients can access and apply for financial assistance (Charity Care) through the hospital. Hospitals are mandated by State law to have financial aid policy and information posted on their website. Be aware that patients need to attend to their bill within 90 days or financial assistance will not be available. If you have a complaint or concern about your bill or financial aid, the Department’s Centralized Complaint hotline 1-800-804-5447 will review and work with both the hospital and complainant to address and to remedy identified concerns.

Denial Appeals If your financial aid is denied, a hospital must issue the denial in writing with information on how to appeal. Hospitals may not collect any money from a patient if the patient’s application for financial assistance is pending

Your Medical Records You have a right to review your medical records without charge and to get a copy of your medical records for a reasonable fee from most health care providers, including doctors, hospitals, pharmacies, and nursing homes, as well as from your health plan. You have a right to ask that your plan or provider give you this information electronically if your plan or health care provider is able to do so.  For more information about your right to access your records, visit the Federal Health and Human Services website at HHS Office for Civil Rights. You cannot be denied a copy of your medical records solely because you cannot afford to pay. If you’re still denied medical records, you may complain to the Department of Health by calling 1-800-804-5447 and/or appeal to DOH Medical Records Access Review Committee by calling 1-800-663-6114.

Deciding About Health Care A Guide for Patients and Families The “Your Rights as a Hospital Patient in NYS” booklet features a Guide for patients and for those who will make health care decisions (or surrogate decision-making) for patients in hospitals or nursing homes. The Guide includes information on Advance Directives and Health Care Proxies, which are written instructions about health care treatment made by adult patients before they lose decision-making capacity. The “Health Care Proxy – Appointing Your Health Care Agent in NYS” form DOH-1430 and instructions is included in the booklet. The Guide also includes information about DNR Order (Do Not Resuscitate) or non- DNR Order (form DOH-3474) or MOLST (Medical Orders for Life-Sustaining Treatment) DOH-5003 form.

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Helpful Links Patient Right Publications in New York State https://www.health.ny.gov/professionals/patients/patient_rights/ Financial Aid Information https://profiles.health.ny.gov/hospital/pages/financial_aid_info Observation Status Medicare Outpatient Observation Notice (MOON) to Medicare beneficiaries to advise that you have been assigned to “Observation Status”. https://www.cms.gov/Medicare/Medicare-General-Information/BNI/Downloads/CR9935-MOON-Instructions.pdf Community Health Advocates Helps New Yorkers navigate the complex health care system by providing individual assistance, outreach, and education to communities throughout New York State. www.communityhealthadvocates.org