What an immigrant needs to know if he is admitted to a hospital in New York

Undoubtedly, it is important for every person to know their rights as an inpatient. This will help him get quality medical care. He will also know where to turn if his requirements are not met. It is especially important to be aware of this during the coronavirus pandemic. Find answers to some of the most frequently asked questions New Yorkers have in this publication. Information provided by State Department of Health.

Special rights of patients

As a patient in a New York State hospital, you have certain rights and protections under state and federal laws and regulations. These laws and regulations help ensure the quality and safety of your hospital care. The New York State Department of Health has developed this booklet to help you understand your rights. Retain this brochure for your reference. Read it carefully and share it with family and friends who are involved in your care.

• You have the right to participate in decisions about your health care and understand what is being said about the care and treatment you receive. For example, you have the right to receive a clear explanation of the tests, treatments, and drugs you are prescribed. Feel free to ask questions of your doctor, nurse, or hospital staff.
• You have a right to know what's going on. Each patient is unique and each hospital stay is different. It is important to know which rights apply to you and what to do if you need help. Certain rights and remedies, such as those applicable when you leave the hospital, depend on receiving correct written notices. You will also be given information about when and where to call or write to get help.
• If you have a problem, or if you don't understand something, talk to your nurse, doctor, social worker, or patient representative. They can:
• help you get answers;
• organize special assistance;
• establish contacts with your family;
• get the services of translators and sign language interpreters;
• generally make your hospital stay easier.

Special needs of patients

• Each hospital should have staff to explain or answer questions about your rights and provide information on how you can protect those rights.

If you have hearing or vision impairments, or if English is not your first language, qualified translators should be provided to assist you. You must be provided with a translation and / or transcript of important hospital forms, instructions and information if you think you need it.

• But you have to speak up and ask questions. You may want to contact your Patient Affairs Representative prior to admission to ensure that everything is ready for you when you arrive.

If you have questions about any of the information in this brochure, or if you think your needs have not been adequately met, please contact your patient representative or other hospital staff member for clarification or contact the Department of Health.

Concerns / problems / complaints about hospital treatment

• If you have a concern, problem, or complaint about any aspect of your care during your hospital stay, talk to your doctor, nurse, or member of the hospital staff.
• If the hospital staff does not solve your problem, you can contact the department by mail or telephone. You can call toll-free 1-800-804-5447 or file a written complaint at: New York State Department of Health Centralized Hospital Intake Program Mailstop: CA / DCS, Empire State Plaza, Albany, NY 12237

What to do if you think you are leaving the hospital too early

• You have the right to appeal decisions made by your doctor, hospital staff, or your managed care plan:
• when you should leave the hospital; • if you think you are being asked to check out too early;
• if you think you have not been provided with adequate or appropriate health plans and other services that you may need after you leave the hospital;
• if the services you need are not available.
• The law provides you with prior written notice stating:
• the date the doctor and / or hospital plans to discharge you;
• How to make an appeal if you want to stay in the hospital
• a special number to call if you have problems with leaving the hospital.

Seeking assistance / assistance

Your area and insurance program is overseen by an Independent Professional Review Agent (IPRA). If you need IPRA assistance / assistance, the hospital will provide you with its contact details.

For Medicare Patients Only

• If you think you are being asked to leave the hospital too early and you have not received advance notice of your discharge time, request that you be given a Discharge Notice (title: “Important Message from Medicare about Your Rights”).
• If you are served by a Healthcare Maintenance Organization (HMO), ask for a document called an Important Notice from Medicare About Your Rights. You must have this written notice of discharge to appeal the doctor and hospital's decision about when you should be discharged.

For patients receiving managed care

• If you are a patient with an HMO or have a managed care plan, ask / file a fast appeal with the HMO or plan reviewer first if you think your benefits are being unfairly limited or not being provided or that you are being asked to leave the hospital too early , or that medically necessary services have been unreasonably excluded from your coverage.
• If you are not satisfied with the outcome of your appeal, you can contact the New York State Department of Health at 1-800-206-8125. Managed Health Care Act 1996, amending section 4408, Disclosure of Information, of the Health Care Act.

You have the right to file a complaint

You have the right to file a complaint about:

• doctors and paramedics. If you believe a doctor or paramedic has served you incompetently, negligently, or fraudulently, you can report it to the Office of Professional Medical Conduct (OPMC) in the New York State Department of Health. OPMC investigates all reports of possible misconduct by doctors and paramedics. The message must include the full name and address of the doctor or paramedic, and all relevant information.

Messages must be sent in writing to: New York State Department of Health Office of Professional Medical Conduct, Intake Unit, Riverview Center, 150 Broadway, Suite 355, Albany, NY 12204-2719.

For more information or a complaint form, call 1-800-663-6114 or visit this site... All messages are confidential. An investigation may lead to formal proceedings under the direction of a committee of the Professional Medical Ethics Council. The Council consists of physicians and consumer representatives appointed by the Director of Health.

• other healthcare professionals... If you believe that any other licensed healthcare professional (nurse, dentist, social worker, psychologist, optometrist, physical therapy or occupational therapist, orthopedist) has served you incompetently, negligently, or fraudulently, you can file a complaint by contacting at: New York State Education Department, Office of Professional Discipline, 475 Park Avenue South, 2nd Floor, New York, New York 10016 1-800-442-8106.

Questions or complaints about your hospital bills or health insurance

• As a hospital patient, you are eligible for an itemized bill.
• Your hospital bill may include a co-pay item. Co-payments are used to fund important government programs and have existed before, although they may not have been included in the bills as a separate item. A copay is an additional amount that bills all hospitals in New York State, and depending on the type of insurance you have, New York State law allows you to charge a portion of these costs in hospital bills.
• Hospitals negotiate rates with insurers, HMOs, and other types of managed health plans, as well as commercial insurers and self-insured groups. These rates may vary. If you have questions about your insurance coverage, please contact your insurer. If you have questions about your coverage, the services you are billed for, or the money you pay, contact the hospital cashier and your insurer to resolve any questions / concerns.

For Medicare Patients

If you are Medicare and have questions about your hospital bill, call the Medicare operator at 1-800-MEDICARE (1-800-633-4227).

For patients receiving managed care

If you have a managed care plan and are having difficulty getting care or are not satisfied with the services being provided, you can file a complaint with your managed care plan company. The member's handbook should tell you how to file a grievance and how to ask for an immediate review of your case.

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If you are unhappy with the HMO or your plan's response to your complaint, please contact the New York State Department of Health at 1-800-206-8125.

People in Medicare managed health insurance can call Livanta at 1-866-815-5440.

Access to your medical records

New York State law requires all healthcare practitioners and facilities to provide patients with access to their own medical records. Section 18 of the Health Care Act defines the procedures for making these records available and the conditions under which a provider may refuse to do so. Patients and parents or guardians who have given permission to treat their child can request information in writing.

If you would like to review your medical records, please inform your doctor and / or the head of the hospital's medical records department. New York State law requires you to submit your medical records for examination within 10 days after we receive a written request from you.

If you want a copy of your medical records, you must submit a written application to the hospital. The request should be addressed to the head of the hospital's medical records department. If you ask for a copy of your records, the hospital may charge you a fee of up to 75 cents per page.

If the hospital does not accept or refuses to comply with your request, you can contact the Department of Health at 1-800-804-5447. If you have been denied access to all or part of your medical records, you can appeal the decision by contacting the New York State Department of Health's Medical Records Access Review Committee.

The hospital / doctor must give you a form (DOH-1989) that tells you the reasons for denying access and information about the appeal process. Section 18 of the Health Care Act requires the provider to provide a form and complete it. A description of the entire process, including filling out the form, the procedure for appealing the decision, as well as actions in case of refusal, can be found following link.