Patient Rights

Patients are given reasonable access to care without regard to race, creed, color, national origin, ancestry, religion, sex, sexual orientation, marital status, age, newborn status, handicap or source of payment provided that the medical care needed is within the scope of services offered at Cempa Community Care and its affiliated organizations. Reasonable modifications and accommodations to policies, procedures, and practices will be provided when requested by a patient with a disability or handicap to afford such a patient with the same services, privileges, goods, accommodations or advantages as non-disabled patients, unless the provision of the modification or accommodation would: 1) fundamentally alter Cempa Community Care’s program, services, goods, privileges, advantages, or accommodations, 2) involve issues of medical treatment, or 3) compromise patient care.

An employee who receives a patient request for program modification or accommodation should make every effort to grant and implement the request, unless the request, if granted, would violate the above- listed provisions. An employee with questions regarding a patient’s request for accommodations should direct them first to the attending physician, and then to the employee’s supervisor or department head if the physician is unavailable. The attending physician, supervisor or department head should make the final decision regarding the request.

Patients requiring care that is beyond the Cempa Community Care scope will be transferred in accordance with facility policies. Cempa Community Care and its affiliated organizations will be responsible for providing communication mechanisms with hearing impaired and non-English speaking patients.

Patients have a right to receive considerate and respectful care based on their individual psychosocial, spiritual, cultural needs, and values. Cultural and spiritual beliefs may be exercised to the extent that they do not interfere with others well-being. Community resources are available through the Social Services staff of Cempa Community Care

 Patient health information will be kept confidential in accordance with HIPAA. Patients and their designated representative* will be allowed reasonable access to the patient’s medical record in accordance with the statutes stated above. Patients will be given reasonable visual and auditory privacy and may request a transfer to another room when such accommodations are available.

Patients also have multiple rights related to their protected health information. Patients are informed of these rights via the Notice of Privacy Practices. These rights include the following:

1. Availability of Cempa Community Care privacy notice
2. Requesting restrictions on certain uses and disclosures of PHI
3. Receiving confidential communication of PHI
4. Access, inspection, and copying of PHI
5. Requesting amendments or corrections to PHI
6. Receiving an accounting of disclosures of PHI
7. Filing of complaints related to privacy issues

Please refer to the Confidentiality / Information Privacy Policy, the Notice of Privacy Practices Policy & the applicable policy and procedure for a full description of these rights.

Patients have a right to receive information regarding fees and charges, including the right to request a summarized list of charges and to obtain information about those charges. Every patient shall receive, upon request, information relating to financial assistance available through Cempa Community Care sliding fee program and the Ryan White Care Act for those who qualify.

The patient or their designated representative* has the right and responsibility to be involved in decision- making about their care. This includes acceptance or refusal of care. Advance directive document information, detailing any withholding or withdrawal of resuscitation or life-sustaining measures, will be used by the Medical Staff in treatment plans and orders for patient care. Conflicts in the needs and wishes of patient’s family members or designated representatives can be addressed informally through a social worker or formally through administration.

The medical staff will detail the benefits, significant risks, and recognized alternatives of treatments and procedures prior to their performance. Expectations for recuperation and consequences of refusal will be discussed as well. The patient has the right to accept or refuse the treatment or procedure.

 a. All Cempa Community Care employees have the responsibility of handling complaints/grievances, complaints/grievances, and contacts in a responsive and competent manner.

b. The submission of a complaints/grievances, compliment, or contact by a patient, family member or significant other will not compromise anypatient’s present or future access to care, nor will it have a negative impact on the quality of care or service provided.

c. The complaints/grievances, compliment, or contact will be discussed only with appropriate members of the hospital staff and/or physicians. Confidentiality of information and sources will be maintained, per the wishes of the customer.

d. All persons receiving service at Cempa Community Care facilities will be informed of their right to present a complaints/grievance, compliment or contact and how to do so.

e. Each customer making a complaints/grievances, compliment, or contact will receive a response when requested and feasible.

Complaints/grievances regarding care and/or discrimination will be handled with compassion and understanding by any employee of Fort HealthCare or the facility department manager and will not cause recrimination or denial to present or future access to care. Patients are provided information to access the complaint process during the registration/admission process, including the address where complaints/grievances may be filed. Patients with complaints/grievances regarding discrimination on the basis of a handicap should be referred to Patient Services. Unresolved complaints/grievances may be forwarded to the Department of Health and Human Services, Office of Civil Rights.

Cempa Community Care supports the right of patients and families to live in a safe environment. Patients have the right to access protective services. Assistance is provided, and referrals are made by Cempa Community Care employees as per state law. Resource information can be provided on request.

Any person who is requested to consent to participate as a subject in a research study involving a medical investigation, or who is requested to consent on behalf of another, has the right to:

• Be informed of the nature and purpose of the investigation.
• Be given an explanation of the procedure to be following in the medical investigation, and the name of any drug or device to be used.
• Be given an explanation of the potential benefits or anticipated outcomes the patient may possibly expect from participating in the research.
• Be given a description of any accompanying discomforts and risks reasonably to be expected from the investigation, if applicable.
• Be given a disclosure of any appropriate alternative procedure, drugs or devices that might be advantageous to the person, and their relative risks and benefits.
• Be informed of the avenues of medical treatment, if any, available to the subject after the investigation if complications should arise.
• Be given an opportunity to ask questions concerning the investigation or the procedure involved.
• Be instructed that a consent to participate in the medical investigation may be withdrawn at any time, and the person may discontinue participation in the medical investigation without prejudice.
• Be given a copy of a signed and dated written consent form when one is required.
• Be given the choice to consent or not to consent to a medical investigation without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the person’s decision. 

Pain management and grief counseling services are available for terminally ill patients and their families as part of the integrated health care plan through Cempa Community Care case management services.

Suspected violations of patient rights will be investigated by the appropriate manager. Disciplinary action for employees or referral to the CQI Committee for Staff result.

 Patients will be informed of their responsibilities including:

• Providing information about their health, including past illnesses, hospital stays, and use of medicine.
• Asking questions to clarify information or instructions when they do not understand the treatment course or care decision.
• Providing information for insurance and working with Cempa Community Care and its affiliates to arrange payment, when needed.
• Abiding by all Cempa Community Care rules and regulations including but not limited to complying with the “No Smoking” policy; treating staff, other patients and visitors with courtesy, and respecting other patients’ privacy.
• Providing Cempa Community Care with a copy of any Advance Directives (i.e. Living Will or Power of Attorney).

* “Designated Representative” Definition – Parent of an unemancipated minor, guardian, and when patient condition or choice invokes a durable power of attorney for health care surrogate decision-maker or in the absence, next of kin.

Chattanooga CARES is part of an organized health care arrangement including participants in OCHIN. A current list of OCHIN participants is available at www.ochin.org as a business associate of Chattanooga CARES. OCHIN supplies information technology and related services to

Chattanooga CARES and other OCHIN participants. OCHIN also engages in quality assessment and improvement activities on behalf of its participants. For example, OCHIN coordinates clinical review activities on behalf of participating organizations to establish best practice standards and assess clinical benefits that may be derived from the use of electronic health record systems.OCHIN also helps participants work collaboratively to improve the management of internal and external patient referrals. Your personal health information may be shared by Chattanooga CARES with other OCHIN participants or a health information exchange only when necessary for medical treatment or for the health care operations purposes of the organized health care arrangement. Health care operations can include, among other things, geocoding your residence location to improve the clinical benefits you receive.

The personal health information may include past, present, and future medical information as well as information outlined in the Privacy Rules. The information, to the extent disclosed, will be disclosed consistent with the Privacy Rules or any other applicable law as amended from time to time. You have the right to change your mind and withdraw this consent, however, the information may have already been provided as allowed by you. This consent will remain in effect until revoked by you in writing. If requested, you will be provided a list of entities to which your information has been disclosed.