Patient Rights

(1) Each patient has at least the following rights: (a) To privacy in treatment and personal care; (b) To have appropriate assessment and management of pain; (c) To be involved in the decision-making of all aspects of their care; (d) To be free from mental and physical abuse. Should this right be violated, the agency must notify the Department within five (5) business days and the Tennessee Department of Human Services, Adult Protective Services as required by T.C.A. §§ 71- 6-101 et seq.; (e) To refuse treatment. The patient must be informed of the consequences of that decision, and the refusal and its reason must be reported to the physician and documented in the medical record; (f) To refuse experimental treatment and drugs. The patient’s or health care decision- maker’s written consent for participation in research must be obtained and retained in the medical record; and (g) To have their records kept confidential and private. Written consent by the patient must be obtained prior to release of information except to persons authorized by law. If the patient lacks capacity, written consent is required from the patient’s health care decision-maker. The agency must have policies to govern access and duplication of the patient’s record. (2) Each patient has a right to self-determination, which encompasses the right to make choices regarding life-sustaining treatment, including resuscitative services. This right of self- determination may be effectuated by an advance directive. STANDARDS FOR HOME CARE ORGANIZATIONS PROVIDING HOME CHAPTER 0720-27 HEALTH SERVICES