The location using the current nomenclature
The Regulation is under the auspice of the department of health, supervised by the overarching state of New York. The bifurcation of the document is as per medical facilities, and minimum standards guaranteed by state hospitals.
Summary of the Regulation
At the nucleus of the Regulation is patients' right; regarding the subdivision (b) of the Regulation, the hospitals shall guarantee the affordability of the rights of the inpatients, emergency service patients, as well as outgoing patients (Thomson Reuters Westlaw, n.d.) . For the hospitals to ensure that the rights of the patients are accorded to them, they must offer copies of these rights to the patients, the may support patients in reading and understanding these rights as well as practicing these rights as provided by the section (c) of the Regulation (Thomson Reuters Westlaw, n.d.) . In pursuing article 9 of State Mental Hygiene Law as well as 14 New York Codes, Rules and Regulations (NYCRR) Part 527 under the right of the patients, any patient who has been taken out of the hospital but not through discharge; this may be because of mental illness; such an individual will still be considered a patient, especially when the individual is mentally ill.
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The intent of the Regulation
Curley and Vitale (2019) recognize that healthcare professionals need to have sufficient resources that will help provide optimal care for patients. Such resources include such regulations that often remind these professionals of their duty to patients. The current regulation aims at ensuring that the patients are made aware of their rights, that they not only fathom their rights but are given room to practice these rights. For this to be achieved; every patient at the time of admission, under the provision of section (c) of the regulation, shall be given a copy of these rights, in a case where the patient will not be able to carry or read the copy, the patient representative will be given this copy of rights. The same shall be done to the outpatients or emergency patients, and like the inpatients, these copies can as well be given the representatives of the patient. There will also be posters of these rights pinned on strategic points within the hospital, which are not limited to admission offices, department for outpatients, patient flours, as well as the emergency sigh waiting areas, and these places must be of reachable heights.
The Regulation also advocates for the training of the staff handling patients so that their service to patients will be in tandem with what patients' rights require. After admission into the hospital, it must be the role of the health professionals to expound to patients representatives as well as the patients, the true meaning of the rights and how the rights can be exercised. The patient is at liberty to choose whether the rights will be explained to him or not ( Meister, 2018) . The interaction between staffs and patients must be put in the records. The Regulation also provides for the designation of a group of staff who will be responsible for answering the questions that patients will raise concerning these rights. The Regulation also advocates for the development of language programs that will accommodate patients.
This proper language will be guaranteed through crating the portfolio of coordinator responsible for language assistance; the coordinator must report to the administration of the hospital; the overall administration role, therefore, is to provide oversight role on the language access service offered by the hospital. There will be policy and procedures that will guarantee identification, which is timely and proper on the language services that the hospital shall provide. There will be the availability of items for patients that will stipulate enlightenment procedures that will be used to access the language services. Hospitals staff shall be trained in linguistics and other local languages that will enable them to appropriately interact with the patients.
The problem that the Regulation is intended to address
The Regulation takes into account conflicts of interest. Regardless of the problem of hearing impairment, vision or even language, the hospital will still have a responsibility to ensure that the patients’ rights are upheld (Pogge, 2017). The Regulation is aimed at breaking the yoke of discrimination in terms of race, sex, the nation of origin did ability, gender, identity, religion, color, source of employment, sexual orientations well as age by guaranteeing services which are free from these forms of discrimination (Pogge, 2017). The Regulation will once in a while solve the problem of environmental pollution; this will be guaranteed through the care of the clean and safe environment through respectful and considerate care.
Besides the challenges stipulated in the Regulation, the following are challenges which the Regulation will be able to address; some patients arrive at the hospitals in conditions that always require immediate attention and care, this has always been a problem to most hospitals due to lack of proper policies and Regulation to address emergence demand for medical care (Pogge, 2017). It is in this regard that the Regulation must work against this backdrop and ensure that every patient whose medical condition requires an immediate response is given quick response immediately the patient arrives in the hospital.
The Regulation is aiming at addressing the common cases where patients who are weak but find their way to the hospitals without proper patient representative support do not get injured. This Regulation will ensure that, the use of physical restraint on weak and problematic patients in not witnessed especially when the problem affecting the patient has been discovered (Pogge, 2017). The other challenges that are not documented which the policy document is aiming at solving include;
Financial problems: these include the cuts in the budget that come from government funding, the delays associated with Medicare reimbursements, efforts that are aimed at increasing operational cost for instance in the spheres of staff supply, failure to improve the facilities due to insufficient fund, competition that come from private healthcare facilities, cases where patient services end up unpaid which normally occur at the emergency department, the problem of overusing the facilities in the emergency department; the problems associated with managing a revenue Sacco; Revenue Sacco management involves the process from patient admission to patient discharge (Pogge, 2017). This activity is always conducted by medical billing software; mistakes in programming will culminate into errors in revenue collection. Therefore bills can become lower hence warranting a decrease in revenue. This was one of the problems that this policy and Regulation aimed at diagnosing.
The quality and safety of the patient; this is achieved through a collaborative process which involves both executive and doctors and other physicians and other subordinate staffs in the hospital as well as medical equipment. This aspect also revolves around compliance with legal mandates, facilities provided, accreditations, improvement of the processes, and offering bonuses to the staff. Hospital quality can be affected tremendously by misdiagnosis as well as delayed diagnosis. Misdiagnosis is explained by the poor quality of health service provided, which may cost the life of patients (Pogge, 2017). This can as well hinder proper treatment. Every organization will aim at high-quality service, but when it comes to state public hospitals, there is human traffic, and the demand is high, in the case, these are chances of making mistakes.
Training in health; these are efforts aimed at training, especially nurses. This basically targets process and facility developments. Capacity building is one of the problem-solving activities that are discussed policy paper aimed at promoting patient and provider well-being.
The stakeholders in this Regulation
Stakeholders included the hospital administrators, patient representatives, commissioners of health, New York State Department of health.
The expected opinion
The expected opinion from all proponents was to create a conducive environment for the patients as well as to offer quality health services. New York State Department of health was the entity behind this Regulation, the watchwords in its aims for revival of the health sector targeting mostly the patients and them improving the capacity of the physician through training.
Risks and Benefits of this Regulation
In as much as this Regulation will guarantee the well- being of Citizens and peace and legitimacy for the federal government, it will have the following challenges;
Data Breaches; this will prove to be devastating to most hospitals and the entire healthcare industry (Wynn, 2019). The issues of data breaches were the reasons that warranted the passage of this Regulation. This Regulation is also characterized by looming uncertainties.
The suits of whistleblowers and false claims; this federally funded program is subject to false allegations from a critic. One of the practices that can form this violation is the submission of untrue claims and appeals to the federal government knowingly (Wynn, 2019). One can take advantage of using false claims under this Regulation to get pay from the federal government.
Benefits of this Regulation
Patients are well aware of their rights. This is made possible where each patient visiting the hospital is given a copy of his rights. Furthermore, the physicians have an obligation to explain to the patients the content of their copies. This regulation further guarantees capacity building platform for the physician and other staff. This will broaden the physicians' perception and understanding of the patients. It creates services that are habilitative in nature; this particularly targets people having developmental disabilities (Mack, 2016). This Regulation that was issued by federal officials clearly outlines services that are habilitative. Chronic disease management; some preventive services and been trimmed and eliminated, for they were required to be offered with minimized cost-sharing.
Why this Regulation is a financial burden to hospitals
The rule that each patient and each patient representative shall be given a copy of their rights is not cost-effective. It, therefore, means that a lot of funds will be committed in the production of these copies. This even seems incredible in the sense that the number of patients visiting hospitals cannot be limited in any way whatsoever as long as there is life. The same copies that shall again be provided to outpatients and emergency patients will also prove capital intensive. A lot of funds will be committed to pinning copies of these rights in strategic points within the hospital. More costs are also incurred in training nurses and other physicians. This form of training can be redundant to some extent, as the same knowledge that nurses already have will be reproduced for them.
What can happen if this Regulation is changed?
If the regulation is changed, it will deny patients the privilege of the Bill of Right and hence patients will not enjoy the right to receive treatment with no form of discrimination; whether based on race, sex; national origin, sexual orientation, age and source of employment as well as disability color and religious affiliation. Patients will not have access to health services offered in a clean and safe environment characterized by respect and care for them (Studler, 2019). They may not access the emergency care whenever it is necessary and they may not enjoy the right to refuse to be treated and be informed of what kind of effect the treatment might have in their body. Patients may not enjoy the right to receive full information concerning your diagnosis as well as treatment and the pertinent prognosis.
If the Regulation is changed, patients may not be subject to the right to refuse not to take part in any research and have personal decisions whether to participate or not which translates to autonomy and informed consent. They will not access the right to know the name and the position of the nurses who shall be in charge at the time of admission. Most patients who had not received copies of their rights may live without full knowledge of their health rights. Further, patients will not enjoy the right to privacy while hospitalized and the utmost confidentiality of the formation of the care recorded of them while in health care facilities. It is therefore necessary that the government and policy makers leave the regulation as it is because its immense benefit can be witnessed in the ease with which patients can access health care services and the legal protection they enjoy while seeking treatment or any other health care service.
Overall, the regulation on patients’ rights aims at providing standards that govern how patients should receive health care services and their recommended conduct during such interactions. The state of New York ensures that these rights are well spelt out and at the disposal of patients to help them identify what to expect from health care providers. The regulation has ensured to maintain quality care for patients even when characterized by some financial constraints. Nonetheless, it is sufficiently stated and would require no adjustment.
References
Curley, A. L. C. & Vitale, P. A. (2019). Population-based nursing: Concepts and competencies for advanced practice . Springer Publishing Company.
Mack, K. T. (2016). Motivational interviewing to promote improvement in diabetic glycemic control and improve patient satisfaction . Widener University.
Meister, R. (2018). Protecting the rights of clinical trial patients through disclosure: The significance of plain language. Medical Writing , 27 (4).
Pogge, T. (2017). Health Rights . Routledge.
Thomson Reuters Westlaw. New York Codes, Rules and Regulations . Govt.westlaw.com. Retrieved 20 March 2020, from https://govt.westlaw.com/nycrr/Document/I4fe3bd52cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1.
Studlar, D., & Cairney, P. (2019). Multilevel governance, public health, and the Regulation of food: is tobacco control policy a model?. Journal of public health policy , 40 (2), 147-165.
Wynn, L. (2019). Patients' Rights. In Assuring Quality Ambulatory Health Care (pp. 39-45). Routledge.
