Community Grievance Decision Digest

NOTIFICATION OF RIGHTS

The decision summaries regarding this law may be found in the document:
Community Grievance Decision Digest: Decisions. (PDF, 512KB)

THE LAW:

"NOTIFICATION OF RIGHTS. (1) Before or upon admission or, in the case of an outpatient, before treatment is begun, the patient shall be notified orally and given a written copy of his or her rights in accordance with s. 51.61(1)(a), Stats., and this chapter.  Oral notification may be accomplished by showing the patient a video about patient rights under s. 51.61, Stats., and this chapter.  The guardian of a patient who is incompetent and the parent of a minor patient shall also be notified, if they are available. Notification is not required before admission or treatment when there is an emergency.

(2) Before, or at a reasonable time after admission, a patient shall be informed in writing, as required by s. 51.61(1)(w), Stats., of any liability that the patient or any of the patient’s relatives may have for the cost of the patient’s care and treatment and the right to receive information about charges for care and treatment services.

(3) Patients who receive services for an extended period of time shall be orally re-notified of their rights at least annually and be given another copy of their rights in writing if they request a copy or if there has been statutory changes in any of their rights since the time of admission.

(4) If a patient is unable to understand the notification of rights, written and oral notification shall be made to the parent or guardian, if available, at the time of the patient's admission or, in the case of an outpatient, before treatment is begun, and to the patient when the patient is able to understand.

(5) All notification of rights, both oral and written, shall be in language understood by the patient, including sign language, foreign language or simplified language when that is necessary. A simplified, printed version of patients rights shall be conspicuously posted in each patient area."

DHS 94.04, Wis. Admin. Code [Emphasis added.]

"ASSISTANCE IN THE EXERCISE OF RIGHTS. (1) Each service provider shall assist patients in the exercise of all rights specified under ch. 51, Stats., and this chapter.

(2) No patient can be required to waive any of his or her rights under chapter as a condition of admission, receipt of services or receipt of benefits and privileges."

DHS 94.06, Wis. Admin. Code [Emphasis added.]

See also Informed of Rights, Right to Be

DECISIONS:

[None at this time.]

Last Updated: June 18, 2009