{"ref":"FL-HSP-PR-02","title":"Informed Consent, Admission Agreement and Experimental Drugs","category":"Client rights","summary":"Sets how the Agency obtains the patient’s expressed request and informed consent before admission (s. 400.6095(2), F.S.), who may consent for a patient who lacks capacity under Chapter 765, F.S., what the admission agreement explains about services, coverage, cost-sharing and charges, how refusals and withdrawals of consent are handled, and the written consent and safeguards required before any experimental drug is given (Rule 59A-38.004(3)(a)5.d., F.A.C.).","inShort":["No admission without the patient’s request and informed consent, or consent from the person Florida law allows.","If the patient cannot decide, use the guardian or surrogate first, then a proxy in the Florida order (spouse, adult children, parent, siblings, relative, close friend).","Explain services, coverage, coinsurance and the right to refuse before Form FL-HSP-PR-02-A is signed.","A refusal is not a revocation. Record it, tell the coordinating nurse, and never pressure anyone to revoke.","No experimental drug without the medical director’s approval and a signed Form FL-HSP-PR-02-B."],"primaryCitation":"s. 400.6095(2), F.S.","citations":["s. 400.6095(2), F.S.","Rule 59A-38.004(3)(a)4.f., 5.d., 11., F.A.C.","s. 381.026(4)(b)3.-4., (c), (e), F.S.","s. 400.6085, F.S.","s. 400.609(1), F.S.","s. 765.101, F.S.","s. 765.401, F.S.","s. 400.611(4), F.S.","Chapter 744, F.S."],"federalCitations":["42 CFR §418.52(b)(2)-(3), (c)(3), (c)(7)-(8)","42 CFR §418.24(b)(5)","42 CFR §418.400","42 CFR §418.3"],"surveyorAsks":["Show me this patient’s signed admission consent. Who signed it, and what was their authority?","How do staff decide who may consent when a patient cannot make decisions?"],"forms":[{"ref":"FL-HSP-PR-02-A","title":"Hospice Admission Consent and Service Agreement"},{"ref":"FL-HSP-PR-02-B","title":"Consent to Experimental Drugs"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (s. 400.6095(2), F.S.; Rule 59A-38.004(3)(a)5.d., F.A.C.)","5. Who May Consent","6. Obtaining Informed Consent to Admission","7. What the Admission Agreement Explains","8. Refusal of Care and Withdrawal of Consent","9. Experimental Drugs and Research","10. Consent in Other Situations","11. Responsibilities","12. Records and Compliance Monitoring","13. Staff Training","14. References","15. Related Policies and Forms","16. Approval","17. Revision History"],"version":"1.0","sample":false,"pack":"fl-hospice","state":"Florida","service":"Hospice","guides":[{"path":"/guides/hospice-policies/","h1":"What policies are required for hospice?"},{"path":"/guides/hospice-conditions-of-participation/","h1":"Hospice Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}