AN ACT CLARIFYING HOSPITAL PATIENT DISCHARGE RIGHTS AND REQUIRING HOSPITALS TO PROVIDE A DETAILED STATEMENT OF PATIENT DISCHARGE RIGHTS AT THE TIME OF ADMISSION.
Enacts new GS 131E-90.1 (Patient discharge rights; detailed statement of rights due upon admission). Directs licensed hospitals to provide to each patient or their next of kin or other legally responsible representative, at admission, a detailed statement of patient rights with respect to transfer and discharge. These rights include (1) the right to information and explanation concerning the need for and alternative to a transfer to another facility, prior to the transfer; (2) 5 days' written notice of a transfer or discharge, with specified exemptions; (3) the right to dispute a transfer or discharge decision with the Division of Health Service Regulation Complaint Intake Unit; and (4) specified listed rights for Medicare beneficiaries. Prohibits licensed hospitals from violating these rights.
Amends GS 131E-90 (concerning trespass by discharged patients refusing to leave a hospital) to exempt patients exercising any of the applicable grievance or appeal rights described in new GS 131E-90.1 during the pendency of the grievance or appeal. If the final grievance or appeal decision is to discharge the patient and the patient refuses or fails to leave, the patient's refusal to leave constitutes a trespass, and the patient is guilty of a Class 3 misdemeanor.
Effective October 1, 2017.
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