NIAHO
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Accreditation Requirements, Interpretive Guidelines and Surveyor Guidance
Revision 18, 02-05-2018
Page 119 of 228
Each Medicare beneficiary who is an inpatient is provided with a standardized notice, the “Important Message from
Medicare, within two days of their admission. The Important Message (IM) template provided by CMS is to be used
by the hospital, signed and dated by the patient when it is delivered to the beneficiary. In addition a copy of the IM
is to be presented to the beneficiary within two days before discharge.
The hospital has the responsibility to establish and implement policies and procedures that effectively ensure that
patients and/or legal representative have the information necessary to exercise their rights under the Federal law.
This responsibility includes, and is not limited to, providing all notices required by statute and regulation regarding
patients’ rights. The hospital may decide it is most effective to bundle the patients’ rights and advance directives
notice with these existing notices.
The hospital will provide for interpretation for certain individuals who speak languages other than English, use
alternative communication techniques or aides for those who are deaf or blind, or take other steps as needed to
effectively communicate with the patient.
The hospital’s obligation to inform requires that the hospital present information in a manner and form that can be
understood (e.g., the use of large print materials, specialized programs to inform individuals who are deaf or blind,
use of interpreters).
The hospital must include the patient or their legal representative in the development, implementation and revision
of his/her plan of care.
A patient may elect to delegate his or her right to make informed decisions to another person. To the degree
permitted by State law, and to the maximum extent practical, the hospital must respect the patient’s wishes and
follow these accordingly. If the patient is unconscious or otherwise incapacitated and unable to make a decision, the
hospital must consult the patient’s advance directives, medical durable power of attorney or patient representative, if
any of these individuals are available. In the advance directive or the medical power of attorney, the patient may
provide guidance as to his or her wishes in certain situations, or may delegate decision-making to another individual
as permitted by State law. If such an individual has been selected by the patient, or if a person willing and able
under applicable State law is available to make treatment decisions, relevant information should be provided to the
representative so that informed health care decisions can be made for the patient. However, as soon as the patient
is able to be informed of his or her rights, the hospital should provide such information to the patient.
The patient’s (or patient’s representatives, as allowed by law) right to participate in the development and
implementation of his or her plan of care includes at a minimum, the right to: information regarding the patient’s
health status, diagnosis and prognosis, participate in the development and implementation of his/her inpatient
treatment/care plan or outpatient treatment/care plan, including providing consent to, or refusal of, medical or
surgical interventions,; participate in the development and implementation of his/her discharge plan; and,
participate in the development and implementation of his/her pain management plan. The patient or his or her
representative should receive information provided in a manner that it is understood and to assure that the patient
can effectively exercise the right to make informed decisions.
The patient and/or legal representative has the right to request or refuse treatment. This standard stresses,
however, that the patient’s right to make decisions about health care is not equivalent to an ability to demand
treatment or services that are deemed medically inappropriate or unnecessary.
The right to personal privacy includes, at a minimum, that patients have privacy during personal hygiene activities
(e.g., toileting, bathing, dressing), during medical/nursing treatments, and when requested by the patient as
appropriate. The right to personal privacy would also include limiting the release or disclosure of patient information
such as the patient’s presence in the facility or location in the hospital, or personal information such as name, age,
address, income, health information without prior consent from the patient. The hospital should have procedures in
place, in accordance with State law, to provide appropriate information to patient families or significant others in
those situations where the patient is unable to make their wishes known.
If an individual requires assistance during toileting, bathing, and other personal hygiene activities, staff should
assist, giving utmost attention to the individual’s need for privacy. Privacy should be afforded when the MD/DO or
other staff visits the patient to discuss clinical care issues or conduct any examination.
A patient’s right to privacy may be limited in situations where a person must be continuously observed, such as
when restrained or in seclusion when immediate and serious risk to harm him/ herself (such as when the patient is
under suicide precautions or special observation status) or others exists.
The hospital staff should follow current standards of practice for patient environmental safety, infection control, and