A bill to amend the Social Security Act to direct the Secretary of Health, Education, and Welfare to develop and provide for the enforcement of standards relating to the rights of patients in certain medical facilities.

Summary

Amends the Social Security Act to direct the Secretary of Health, Education, and Welfare to require all hospitals, skilled nursing facilities, and intermediate care facilities which participate in programs under Titles XVIII (Medicare) and XIX (Medicaid) of such Act to adopt and make public a statement of the rights and responsibilities of patients in the care of such facilities. Directs the Secretary to require that such statements establish specified guarantees including guarantees: (1) that the patient's civil and religious liberties will not be infringed; (2) that the patient has the right to private communications with his physician, attorney, or any other person; (3) that the patient has the right to conjugal visits; (4) that the patient has the right to have privacy in treatment, in caring for personal needs, and confidentiality in the treatment of personal and medical records; (5) that the patient has the right to notice and a hearing before being transferred or discharged from a facility; and (6) that the patient has such other rights as the Secretary deems appropriate. Directs the Secretary to require each facility to provide each patient and staff member with a copy of the statement of rights and the enforcement procedures and remedies available to patients, and requires further that each facility adopt a written plan for implementing such rights. Requires the Secretary to establish procedures for processing patients complaints and for the enforcement of patients' rights. Requires appropriate State agencies to investigate patients' complaints and to file a written report within 20 days disposing of such complaints. Imposes a fine, not to exceed $500 for each violation, upon a facility found in violation of patients' rights. Allows a patient to bring an original action in U.S. district court to enforce guaranteed rights. Authorizes the Attorney General of any State or of the United States to bring an action in U.S. district court or State court to enforce payment of fines imposed upon facilities found in violation of patients' rights. Provides that damages awarded to patients shall not constitute income or resources for purposes of determining eligibility under Medicaid or any Federal or Federally assisted program which conditions eligibility upon income or resources.

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1 official file

• Introduced in House

  summary · EN · 25 October 1977

  Open at official source

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