Consumer Interest
Rights/Responsibilities
Rights
TO QUALITY HEALTH CARE
Each consumer has a right to quality health care resulting from high professional standards. Each consumer has the right to informed participation in discussions held by the responsible physician regarding the development of the consumer's health care regimen. Each consumer has the right to expect that a trainee will not render treatment unless an already trained staff member is present and directly supervising the trainee. The status of "trainee" is to be determined by the dialysis facility.
TO BEING INFORMED
Unless contraindicated, each consumer has the right to information from the responsible physician in terms that the consumer can reasonably be expected to understand about medical diagnoses, treatment modalities, prognoses and possible complications. If the responsible physician cannot directly convey such information to the affected consumer, this physician shall convey it to the appropriate family member or other responsible person. Each consumer shall be informed of newly accepted developments and techniques related to treatment. Each consumer has the right to review with the responsible physician those portions of the medical record which pertain to lab values and treatment sessions as well as the right to an explanation of their significance from the responsible physician so that the consumer may participate more knowledgeably in the formulation of a treatment plan. Each consumer has the right to be informed by the responsible physician regarding any significant side effects of medications prescribed for use.
TO BE TREATED AS AN INDIVIDUAL
Each consumer has the right to be treated with dignity, respect and consideration by the physicians, staff, and other consumers of the treatment facility. Each consumer has the right to expect cooperation from the responsible physician when the consumer suggests modifications in dialytic treatment techniques, as long as safety and treatment efficiency are not compromised. Each consumer shall be able to change when feasible, the mode of therapy. Each consumer has the right to expect that the patient/staff ratio of the facility shall be in compliance with appropriate federal and state regulations.
TO PRIVACY AND CONFIDENTIALITY
Each consumer has the right to privacy with respect to the receipt of medical care. Examinations and discussions shall be discreetly conducted and confidentially managed.
TO SERVICES WITHOUT DISCRIMINATION
Each consumer has the right to expect appropriate medical care and services without discrimination based upon race, color, sex, sexual preference, religion, or national origin.
TO KIDNEY TRANSPLANTATION
Each consumer has the right to an explanation from the responsible physician and, when possible, from a transplant surgeon or transplant center physician regarding all aspects of kidney transplantation, including, but not limited to, the benefits, complications, side effects of immunosuppressive therapy and risks to living donors. After consultation with the responsible physician, each consumer has the right to select the transplant center at which the consumer desires to be transplanted.
TO HOME CARE
Home care consumers are afforded the full protection of these rights but these consumers may require a unique application. Examples of such particularized application are as follows: Each consumer shall be informed by the responsible physician and able to make use of newly accepted technology and procedures. Each consumer has the right to educational materials on newly accepted technology and procedures. Each consumer has the right to make suggestions on home kit revisions. Each consumer has the right to follow-up care by dietary, social work, and nursing services.
TO SELF-CARE TREATMENT
If a consumer is a suitable candidate for self-care treatment, this consumer has the right to a full explanation of all elements of such treatment, including but not limited to, its advantages and its disadvantages.
TO EMERGENCY CARE
Each consumer has the right to expect emergency medical care to be available at all times and to be furnished without unnecessary delay. Each consumer shall be informed in specific terms by the facility about appropriate procedures in case of emergencies such as snow, low water pressure, unavailable medical care, fire, and power outage. The consumer's responsible physician shall inform each consumer in specific terms about appropriate arrangements in case of medical emergencies such as fistula bleeding and clotting.
TO DIETARY COUNSELING
Each consumer has the right to counseling by a qualified dietician as defined by federal regulations. Each consumer shall be afforded access to appropriate educational material. Each consumer shall be provided follow-up care and counseling.
TO SOCIAL WORK COUNSELING
Each consumer has the right to counseling with a qualified social work counselor as defined by federal regulations. Initial evaluations and follow-up care, including, but not limited to, vocational rehabilitation review and psychological counseling shall be provided when necessary.
TO EFFICIENT FACILITY MANAGEMENT AND ORGANIZED SERVICES
Each consumer has the right to expect that the facility will employ efficient management practices and will provide a clean, comfortable and pleasant environment. Each consumer has the right to expect that this facility will make every effort to avoid undue personal discomfort and unnecessary delay in treatment, and to provide a schedule flexible for particular needs within the time constraints faced by the facility and without infringing upon the treatment schedules of other consumers.
TO A GRIEVANCE PROTOCOL
If a consumer feels that any of these rights have not been met, the consumer shall attempt to resolve the grievance by discussing it with the facility's personnel and, if not satisfied, by using the grievance procedure established by the treating facility. If after exhausting the facility's grievance procedure, the consumer believes that the grievance has not been adequately addressed, the consumer is urged to use the appellate procedure established by the Trans-Atlantic Renal Council. (Consumers may choose not to use the facility grievance procedure before asking for review by the Council.)
TO DECLINE DRUGS, TREATMENT AND PROCEDURES
In accordance with each consumer's right to make informed decisions respecting the type of health care received, each consumer has the right to be informed by the responsible physician of the medical consequences of any decision to refuse drugs, treatments, or procedures, and, to the extent permitted by law, the right to refuse any drugs, treatments, or procedures offered. If a consumer decides to decline it, the consumer shall indicate the refusal in writing and shall accept responsibility for the medical consequences of such refusal.
TO ASSISTANCE IN OBTAINING CONSULTATION
Each consumer has the right to request and receive assistance in obtaining consultation from another physician for any renal or non-renal problem. A consumer should be aware that payment for consultation may not be covered under reimbursement provisions and that payment may be an out of-pocket expense.
TO BE INFORMED OF RESEARCH PROGRAMS
In accordance with federal and state regulations, each consumer has the right to a full explanation of any research program in which they may be asked to participate. No such study can be carried out without the consumer's informed consent or that of a legally responsible party. If a consumer is asked to participate, the right to refuse or withdraw consent at any time after the initial agreement to participate is always within the consumer's prerogative.
TO AN EXPLANATION OF CHARGES
Each consumer has the right to a full explanation of all facility and physician charges. The facility's business personnel shall assist in the completion and processing of the consumer's insurance forms. Each consumer has the right to financial counseling. This counseling shall include, but not be limited to, discussion of the type of funds available to assist the consumer in paying medical expenses.
Responsibilities
TO BE KNOWLEDGEABLE
Each consumer has the responsibility to understand the nature and treatment of kidney disease to the best of their ability.
TO BE CONSIDERATE OF OTHERS
Each consumer has the responsibility to be considerate of other consumers, staff and physicians in the treatment facility. Each consumer shall show consideration and understanding when staff and physicians are attending other consumers.
TO ASSIST IN FORMULATING AND COMPLYING WITH A PRESCRIBED TREATMENT PROGRAM
To achieve the maximum in rehabilitation and well being, each consumer has the responsibility to supply all information required to plan and conduct their treatment program and of complying with their treatment program.
TO ARRIVE ON TIME FOR TREATMENTS
Each consumer has the responsibility to make every effort to be punctual for scheduled dialysis and to inform the dialysis facility if they are unable to keep their appointment.
TO ACT IN ACCORD WITH FACILITY REGULATIONS
Each consumer has the responsibility to comply with facility rules and regulations that have been developed to protect life, ensure safety, and afford good quality care to all patients equally.
TO FULFILL FINANCIAL OBLIGATIONS
Each consumer has the responsibility to make every effort to fulfill financial obligations to the dialysis facility and to the responsible physician. Within each consumer's economic means, each consumer has the responsibility to obtain co-insurance through a private carrier or through open enrollment under Medicare Part B coinsurance. Each consumer has the responsibility to inform the business personnel of the dialysis facility of all health insurance programs and policies under which they are receiving direct payment for services rendered in the care and/or treatment of kidney disease. Each consumer has the responsibility to forward in a timely fashion all payments they received from health insurance programs or policies which are owed to the dialysis facility and/or the physician for services rendered in the care and/or treatment of kidney disease.