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Tag No.: A0132
The hospital failed 1 of 1 Patient (Patient #2) the right to formulate advance directives and to have the hospital staff and practitioners who provide care in teh hospital comply with these directives. Patient #2 has a medical power of attorney that gives those individuals the right to know of the pateint diagnosis and prognosis when admitted in a mental health hospital on an involuntary basis.
Finding Include
During record review Patient #2's medical record review revealed, A "Medical Power of Attorney" the documented reflected, "DISCLOSURE STATEMENT: Your Agent may not consent to voluntary inpatient mental health services." Patient #2 was admitted involuntary and the record also held a Court Order submitted to Denton County to ensure that Patient #2 could remain in the hospital per his referring agency."
During Interivew Staff #6 indicated, "They do reviews the patient's medical record in regards to Patient Consent of Collateral Contacts. As well as meeting with the patient to ensure that they want to add any further contacts or remove any contacts from the hospital documents. Staff #6 stated that this patient may have a Power of Attorney. I do not recall or review the record for the Power of Attorney. Patient #2 did not want to release any infomration to any family members and did not document any family, except his wife and she has dementia. So dont contact her."
During Interview with Staff #1 indicated "Patient #2 was referred to the hospital from his nursing home. Patient # 2 to did not consent to provide no records or information to anyone but his wife and stated she has dementia so no reason to contact her. Staff #1 was advised that Mayhill hospital had in fact determined and diagnosed Patient #2 as experiencing Alzheimer's disease. Leaving him unable to make informed decisions. There is also a Medical Power of Attorney listed in the documentation and the hospital failed to notify the family according to the power of attorney. Staff #1 indicated the hospital read the Power of Attorney as not valid to admit the Patient voluntarily into the hospital. Patient #2 was admitted involuntarily."
Policy
The hospital Policy on Patient Rights dated 06/2016 reflected, "It is the policy of this hospital to ensure that all patients receive a copy of the Patient's Bill of Rights form, as well as an oral explanation of those rights, both in their primary language and in simple non-technical terms. We will strive to abide by and respect all patient rights without regard to race, religion, creed, ethnicity, gender, age, sexual orientation, or handicap shall support and protect the fundamental human, civil constitutional and statutory rights of the individual patient and recognize and respect personal dignity of the patient at all times."
The hospital Policy on Acting/Administrative Responsibility 02/2021, "The facility shall at all times have designated representative who have the authority for making decisions regarding management of the facility and areas of authority specific to its Department management in the absence of the manager."