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California and federal laws give hospital patients many rights. Hospitals must notify patients of these rights by giving patients a handout and/or by putting posters up in the hospital.
CHA has developed a sample handout that hospitals may use to notify patients of their rights under state hospital licensing regulations, the Medicare Conditions of Participation, and The Joint Commission. In addition, CHA publishes a corresponding poster.
California hospitals are reminded that mental health patients and skilled nursing facility patients must be notified of other rights specific to them. These rights are not included in the documents noted above. Information about mental health patients rights may be found in CHA’s Mental Health Law Manual.
California patients also have the right to make an advance health care directive. CHA publishes advance directive forms (in English and Spanish) that comply with California law. Hospitals may distribute these forms to their employees and patients if they wish. More information regarding hospitals’ requirements to ask patients about advance directives may be found in chapter 3 of CHA’s Consent Manual.
Finally, Americans have medical privacy rights under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Hospitals must notify patients of these rights, also. CHA has developed a sample Notice of Privacy Practices form (in English and Spanish) that hospitals may use to satisfy this legal requirement. For more information about HIPAA and medical privacy, see CHA’s California Health Information Privacy Manual.
