Patient Rights

Our Policy

  1. The Surgery Center recognizes the following patients’ rights:
  2. Receive the care necessary to help regain or maintain his or her maximum state of health.
  3. Expect personnel who care for the patient to be friendly, considerate, respectful, and qualified through education and experience and perform the services for which they are responsible with the highest quality of service.
  4. Expect full recognition of individuality, including personal privacy in treatment and care. All communications and records will be kept confidential.
  5. Complete information, to the extent known by the physician, regarding diagnosis, treatment, and prognosis, as well as alternative treatments or procedures and the possible risks and side effects associated with treatment.
  6. Be a participant in the decisions regarding the intensity and scope of treatment. This includes the right to request or refuse treatment
  7. Receive information in a manner that the patient can understand. Communication with the patient will be effective and provided in a manner that facilitates understanding by the patient.
  8. Have knowledge of the names of the physician who has primary responsibility for coordinating his or her care and the names of other professional relationships of other physicians and healthcare providers who will see him or her. The patient has a right to change providers if other qualified providers are available.
  9. Be advised the physician may have a financial interest in the Surgery Center.
    • Physician has a financial interest in the Surgery Center
    • Physician does not have a financial interest in the Surgery Center
  10. You have the right to have the services performed at another surgery center, which offers the same or similar services. If you are interested in having your services performed at another surgery center, please let us know and we can provide you with information about alternative facilities.
  11. Have all patient rights apply to the person who has legal responsibility to make decisions regarding medical care on behalf of the patient.
  12. Approve or refuse the release of medical records to any individual outside the facility, except in the case of transfer to another health facility, or as required by law or a third-party payment contract.
  13. Be informed of any human experimentation or other research/educational projects affecting his or her care or treatment and can refuse participation in such without compromise to the patients usual care.
  14. Be informed of the facility’s policy regarding advanced directives and living wills.
  15. Access to copies of his or her individual medical record within a reasonable amount of time
  16. Receive an explanation of bill and fees involved.
  17. Express the spiritual beliefs and cultural practices that do not harm others or interfere with the planned course of medical therapy.
  18. Have an initial assessment and regular reassessments of pain.
  19. Education of patient and families, when appropriate, regarding their roles in managing pain, as well as potential limitations and side effects of pain treatment.
  20. If a patient is adjudged incompetent under applicable State laws by a court of proper jurisdiction, the rights of the patient are exercised by the person appointed under State law to act on the patient’s behalf.
  21. If a State court has not adjudged a patient incompetent, any legal representative or surrogate designated by the patient in accordance with State law may exercise the patient’s rights to the extent allowed by State law.
  22. Standard: Privacy and safety. The patient has the right to:
    1. (1) Personal privacy.
    2. (2) Receive care in a safe setting.
    3. (3) Be free from all forms of abuse or harassment.
  23. Be advised of the facility’s grievance process should the patient wish to communicate a concern regarding the quality of care received. Contact Facility Administrator.
  24. Be advised of the contact information for the Medicare to which complaints can be reported, contact information for the Office of the Medicare Beneficiary Ombudsman. Health Services Advisory Group at www.hsag.com or 818-409-9229. Go to www.medicare.gov. TTY users should call 1-877-486-2048 or visit the Ombudsman’s website at www.cms.hhs.gov/center/ombudsman.asp.
  25. Standard: Confidentiality of clinical records. The ASC must comply with the Department’s rules for the privacy and security of individually identifiable health information.
  26. Standard: Submission and investigation of grievances. The ASC must establish a grievance procedure for documenting the existence, submission, investigation, and disposition of a patient’s written or verbal grievance to the ASC. The following criteria must be met:
    • All alleged violations/grievances relating, but not limited to, mistreatment, neglect, verbal, mental, sexual, or physical abuse, must be fully documented.
    • All alleged violations/grievances relating, but not limited to, mistreatment, neglect, verbal, mental, sexual, or physical abuse, must be fully documented.
    • All allegations must be immediately reported to a person in authority in the ASC.
    • Only substantiated allegations must be reported to the State authority or the local authority, or both.
    • The grievance process must specify timeframes for review of the grievance and the provisions of a response.
    • The ASC, in responding to the grievance, must investigate all grievances made by a patient, the patient’s representative, or the patient’s surrogate regarding treatment or care that is (or fails to be) furnished.
    • The ASC must document how the grievance was addressed, as well as provide the patient, the patient’s representative, or the patient’s surrogate with written notice of its decision. The decision must contain the name of an ASC contact person, the steps taken to investigate the grievance, the result of the grievance process and the date the grievance process was completed.
  27. Standard: Exercise of rights and respect for property and person.
  28. The patient has the right to the following:
    • Be free from any act of discrimination or reprisal.
    • Voice grievances regarding treatment or care that is (or fails to be) provided.
    • Be fully informed about a treatment or procedure and the expected outcome before it is performed.
  29. If a patient is adjudged incompetent under applicable State laws by a court of proper jurisdiction, the rights of the patient are exercised by the person appointed under State law to act on the patient’s behalf.
  30. Be advised of the contact information for the state agency to which complaints can be reported:
    1. San Jose County
    2. California Department of Public Health – San Jose District Office
    3. 100 Paseo de San Antonio, Suite 235 San Jose, CA 95113
    4. Phone: 408-277-1784
    5. Fax: 408-277-1032
    6. Administrator: Travis L Waltmon
    7. Contact Number: 408-297-3432
    8. Email: travis@basurgical.com
    9. Mailing Address: 2110 Forest Ave, 2nd Floor, San Jose, CA 9512