Patient’s Rights
and Responsibilities
Centers for Medicare and Medicaid Services (CMS)
The patient and the patient’s representative or surrogate has the right to:
- Be free from 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 - Personal privacy
- Respect, dignity, and comfort
- Receive care in a safe setting
- Be free from all forms of abuse or harassment
- Receive information about their privacy rights and how their information can be used
- Privacy and confidentiality of medical record information
- Make informed decisions regarding care
- Formulate an Advance Directive
- Delegate his/her right to make informed decisions to another person
- Know if your physician has a financial interest or ownership in the center
- File a grievance
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.
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.
AZ State
The patient and the patient’s representative or surrogate has the right to:
- Be treated with dignity, respect, and consideration
- Not be subjected to: Abuse, neglect, exploitation, coercion, manipulation, sexual abuse, sexual assault, seclusion, or restraint
- Not be retaliated against for submitting a complaint to the Department of Health or other entity
- Not have misappropriation of personal and private property by the center’s medical staff, personnel members, employees, volunteers, or students
- Except in an emergency, either consents to or refuses treatment
- Refuse or withdraw consent for treatment before treatment is initiated
- Except in an emergency is informed of alternatives to a proposed surgical procedure and the associated risks and possible complications of the proposed surgical procedure
- Be informed of the center’s policies and procedures on health care advance directives
- Be informed of the center’s complaint process
- Consent to photographs before being photographed, except when admitted to an outpatient surgery center for identification and administrative purposes
- Except as otherwise permitted by law, provides written consent to the release of information in the patient’s medical record or financial records
- Not be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis
- Receive treatment that supports and respects the patient’s individuality, choices, strengths, and abilities
- Receive privacy in treatment and care for personal needs
- Review, upon written request, the patient’s own medical record
- Receive a referral to another healthcare institution if the outpatient surgical center is unable to provide physical health services for the patient
- Participate, or have the patient’s representative participate, in the development of or decisions concerning treatment
- Participate or refuse to participate in research or experimental treatment
- Receive assistance from a family member, representative, or other individual in understanding, protecting, or exercising the patient’s rights
If you are not satisfied with the response of the Surgery Center, you may contact the State of Arizona via:
Mail: Arizona Department of Health Services
Division of Licensing
Attn: Odette Colburn, RN, BSN, Branch Chief
150 N 18th Ave Suite 450
Phoenix, AZ 85007-3248
Phone: 1-602-364-3446
Email: odette.colburn@azdhs.gov
Online complaint form: https://app.azdhs.gov/ls/online_complaint/MEDComplaint.aspx
NOTE: Role of Medicare Ombudsman is to ensure that Medicare Beneficiaries receive the information and help them need to understand their Medicare options and to apply their Medicare rights and protections.
All Medicare beneficiaries may also file a complaint or grievance with the Medicare Beneficiary Ombudsman. Visit the Ombudsman’s webpage on the web at:
https://www.medicare.gov/claims-appeals/your-medicare-rights/get-help-with-your-rights-protection