The Healthcare Proxy Law What is a Health
Care Proxy? The Health Care Proxy is a simple legal document
that allows you to name someone you know and trust to make decisions about your
medical care when you are unable to communicate. The person that you designate
is known as your Health Care Agent. It will be important to discuss your wishes
and values regarding medical treatments, including life-sustaining measures,
with the person you intend to be your Health Care Agent. Your agent will be
expected to follow your directives in making decisions on your behalf. If your
agent does not have this information, then your agent is to make decisions based
on his or her assessment of your best interest. Your agent cannot act for you
until your doctor determines, in writing, that you lack the ability to make
health care decisions.
Who is eligible? Under the Massachusetts Health
Care Proxy Law, any competent adult 18 years of age or over may appoint a Health
Care Agent. There are some restrictions on who can serve as a Health Care Agent
and who can be a witness. These are explained in the instructions for completing
a Health Care Proxy. There are no fees or public filing requirements.
Where can I obtain a Health Care Proxy? Your
physician's office will have Health Care Proxies, as will the hospital. Ask for
one during the admissions process, or ask a nurse, a Patient Representative or
Case manager.
Cape Cod Hospital will provide you with assistance in completing a Health
Care Proxy. This may be accomplished by contacting Pastoral Care at ext. 25287
or the Patient Representative office at ext. 25400. You may wish to discuss
medical treatment options with your physician prior to completing a Health Care
Proxy.
A copy of your Health Care Proxy will be filed in your Cape Cod Hospital
Medical Record. Your physician, your agent and a family member should also have
a copy of your Health Care Proxy.
Massachusetts's law does not require that you have a Health Care Proxy.
Completing one will assure you and Cape Cod Hospital that you will receive
medical treatment in accordance with your wishes. Medical care is
not conditioned. nor will any discrimination occur, based on whether you
have a Health Care Proxy,.
Patient's Rights and Responsibilities
Know the name and specialty of any doctor or any other person who is
caring for you.
Expect care that is considerate and respectful.
Expect that we consider your psychosocial, spiritual and cultural
variables.
Confidential treatment records and communications to the extent covered by
law. If your hospital bill will be paid by a third party (such as an insurance
plan, Medicare, etc.), it will be available to third parties for inspection
and copying in order to support your claim. Your records will also be
available for peer review and utilization review.
Receive prompt and adequate response to your reasonable request.
Effective pain control as an important part of your treatment; your
healthcare team will respond to your reports of pain.
Know the relationship of Cape Cod Hospital and Falmouth Hospital to any
other health care facility or educational facility if the relationship affects
your care of treatment.
Be informed of any rules or regulations of Cape Cod Hospital and Falmouth
Hospital which you, as a patient, must observe.
Ask for and be informed about available financial assistance and free
heath care.
Ask for and examine your medical records and receive a copy of them.
(There is a fee charged to cover copying costs.)
Refuse to be examined, observed or treated by students or any other
hospital staff without jeopardizing access to psychiatric, psychological or
other medical care attention.
Refuse to serve as a research subject.
Refuse any care or examination conducted solely for the education or
information of others.
Insist on privacy during care and treatment to the extent that the
hospital is able to provide it.
Receive prompt, life-saving treatment in an emergency with discussion of
payment when a delay would impose material risk to your health.
Be informed about risks, benefits and likely outcome of any treatment or
procedures and have an opportunity to consent to treatment and care to the
extent provided by law. Remember to ask your doctor about your medical care.
Participate in all aspects of planning for your discharge and appeal any
plans which you disagree.
Ask for and receive an itemized copy of your bill or other statement of
charges submitted to third party (insurance, Medicare, etc.)
In addition to the above rights, if you are suffering from any form of breast
cancer, you have the right to complete information of all forms or medically
viable treatments available.
Violation of any of these rights entitles you to bring civil action, in
addition to any other action allowed by law or regulation.
A complete copy of the law will be provided to you upon admission to the
hospital.
