There Are Two Types of Declarations Permitted Under the Act. the First Is
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ADVANCE DIRECTIVES There are two types of Declarations permitted under FOR THESE REASONS, ROCKY MOUNTAIN EYE the Act. The first is a Declaration (often called a “Living SURGERY CENTER HAS CHOSEN NOT TO HONOR This information is being provided to you for reference Will”), that is an instruction given only to your attending OR RECOGNIZE A PATIENT’S ADVANCE only, and is not intended as legal advice. You should health care providers. It does not give instructions to or SHOULD I HAVE AN ADVANCE DIRECTIVE? DIRECTIVE. PHYSICIAN OWNERSHIP consult with your family, attorney or other advisors about appoint another person to make decisions for you. Advance Directives for your medical treatment. The decision is yours. Montana law does not require The second Declaration (often referred to as Appoint- that you have one. The discussion above will help you to weigh your options and decide if you want to prepare an The Patient Self Determination Act (“PSDA”) requires ment of an Agent or a Power of Attorney) appoints PHYSICIAN OWNERSHIP most health care facilities to advise patients of their another person(most often a spouse, parent, child or Advance Directive to guide your physician or your agent health care decision-making rights. This section on close friend) to make medical treatment decisions for if you are unable to make your own decisions. There are Your physician may have financial and ownership inter- Advance Directives is intended to comply with that law. you when you are unable to do so on your own. numerous options, and you should choose the option est in Rocky Mountain Eye Surgery Center, Inc. Patients that is best for you after consultation with your family have the right to be treated at another healthcare facility Under Montana law all individuals of sound mind and Both types of Declarations can be flexible, and can pro- and/or advisors. No form is perfect for everyone, and of their choice. 18 years of age or older, have the right to make all their vide more detailed instructions about what type of care Advance Directives can be personalized to reflect your own decisions about medical treatment, or whether to or treatment you may want, (e.g. about pain relievers, own values and health care needs. If you have any questions regarding this, please speak withhold or withdraw life-sustaining treatment. They also feeding tubes, donation of organs, etc.). It is permeable directly with your physician. have the right to make an Advance Directive about their under Montana law to make both Declarations in one CAN I CHANGE AN ADVANCE DIRECTIVE? future health care. single, combined document. Yes, you can change or revoke an Advance Directive at WHAT IS AN ADVANCE DIRECTIVE? A combination form called a My Choices Advance any time, so long as you are of sound mind. This can best be done in writing, but can be done verbally as long Directive can be found online through the Montana By signing below I am stating that I have received verbal An Advance Directive is a general term or category Department of Justice, Office of Consumer Protection as it is clearly communicated to your attending health care provider. and written information, in a language I understand, that describes the documents you can use to give at: from Rocky Mountain Eye Surgery Center, Inc. prior to instructions about your future medical care in the event the day of my procedure, regarding the following items: you are or [email protected] IS AN ADVANCE DIRECTIVE PART OF MY MEDICAL RECORD? become unable to make or communicate your own -Patient Rights & Responsibilities decisions (e.g. if you are in a coma). If you have not This is a sample form to assist you in your review of -Grievance Policy given any prior instructions, no one will know what you your options under Montana law with respect to Ad- If you choose to register it, your directives will be part of Montana’s End-of-Life-Registry. In addition, Rocky -Advance Directives want done or not done. vance Directives. After completed and signed, an Ad- -Physician Ownership vance Directive can be registered with the State in the Mountain Eye Surgery Center will ask you if you have an Advance Directive, and will document in your ______________________ ___ Advance Directives are generally in writing, and can End-of-Life-Registry. Signature of Patient or Legal Representative Date take several forms under Montana law. An adult of medical record whether or not you have one. It is up to you to provide a copy. If you communicate to Rocky sound mind can make either a Declaration or a Durable WHAT IS A DURABLE POWER OF ATTORNEY? Mountain Eye Surgery Center a change to or a revoca- _______________________________________ Health Care Power of Attorney, or a combination of Printed Name thereof. A Durable Power of Attorney (“POA”) is another Ad- tion of your Advance Directive, that will be made a part vance Directive allowed under a portion of Montana’s of your medical record. WHAT IS A DECLARATION? Uniform Probate Code, contained in Section 72-5-501 of the Montana Code Annotated. A POA is a docu- DOES ROCKY MOUNTAIN EYE SURGERY CENTER A Declaration is a written statement signed by you, and ment by which you designate another person as your RECOGNIZE ADVANCE DIRECTIVES? witnessed by two individuals, giving direction to your attorney-in-fact or agent to make medical decisions on attending physician (or advanced practice registered your behalf when you are unable to do so. You may NO. The Federal PSDA law requires Rocky Mountain nurse) about whether you want to withhold or withdraw give your agent as little or as much authority as you Eye Surgery Center to advise you whether it honors or life-sustaining treatment if you have an incurable or wish. A POA is similar to the Declaration (Appointment recognizes Advance Directives. Rocky Mountain Eye irreversible condition that without such treatment would of Agent) discussed above. In fact, Montana law says a Surgery Center is an ambulatory surgery center cause your death within a relatively short time. Such POA will be considered to be a Declaration when it has providing only elective surgical procedures to stable Declarations are permitted by the “Montana Rights of been properly signed. patients who are not expected to require hospitalization. the Terminally Ill Act”, located in Section 50-9-103 of the In the event a patient unexpectedly requires Montana Code Annotated (the “Act”). A POA remains effective (or becomes effective) upon hospitalization, the patient’s Advance Directive, if any, the disability or incapacity of the person signing the will be provided to the hospital. POA. D:/dept eye surg/consents&waivers/Pt rights & notificatoin of physiciain ownership full color 03-2016 The PATIENT has the right to know if any research will It is the PATIENT’S responsibility to notify Rocky GRIEVANCE POLICY be done during his/her treatment and has the right to Mountain Eye Surgery Center if you have a living will, refuse it. medical power of attorney or other directive that could Submission and investigation of Grievances affect your care. 700 W. Kent Missoula, MT 59801 The PATIENT, PATIENT REPRESENTATIVE, and/or (406) 541-3870 or 1-800-445-5836 The PATIENT has the right to expect quality care and service from Rocky Mountain Surgery Center. It is the PATIENT’S responsibility to follow the treatment PATIENT SURROGATE has the right to have a verbal or www.rockymountaineye.com plan prescribed by his/her physician and to notify Rocky written grievance submitted, investigated and to receive The PATIENT has the right to be informed of the Mountain Surgery Center on admission, if pre-operative a written notice of the Center’s decision. ADVANCE DIRECTIVE: Y N mechanism by which he/she will have continuing health instructions have not been followed. care following discharge from Rocky Mountain Eye COPY IN CHART: Y N Surgery Center. The PATIENT is responsible for their actions if they refuse treatment or do not follow pre-operative PATIENT BILL OF RIGHTS The PATIENT has the right to examine and receive and instructions. The following are the names and/or agencies you may The PATIENT has the right to be treated with consider- explanation of their bill, regardless of the source of contact: It is the PATIENT’S responsibility to provide adult ation, respect and dignity. payment. transportation from Rocky Mountain Eye Surgery Center Rocky MT Eye Surgery Center appropriate to the medications and/or anesthesia to be The PATIENT and/or the PATIENT REPRESENTATIVE The PATIENT has the right to know, in advance, the Clinical Director given and according to pre/post-operative instructions have the right to all complete and current information expected amount of his/her bill, regardless of the source 700 W Kent concerning his/her diagnosis and treatment and in terms of payment. Missoula, MT 59801 It is the PATIENT’S responsibility to follow the that he/she can understand. The PATIENT has the right 406-541-3870 postoperative instructions given by the physician(s) and to know the person(s) responsible for coordinating their The PATIENT has the right to know what Rocky or nurses. This includes instructions regarding care. If not medically advisable to give information to the Mountain Eye Surgery Center Rules and Regulations You may contact your state representative to report a postoperative appointments. patient, the information shall be made available to an apply to his/her conduct as a patient. complaint; appropriate person on the patient’s behalf. It is the PATIENT’S responsibility to contact the physi- The PATIENT has the right to know if their physician has Montana Department of Public cian if any complications occur.