"In view of the reduction of the epidemic threat and the lifting of the epidemic state in relation to SARS-CoV-2 infections, the maintenance by hospitals of restrictive restrictions on the exercise of patients' rights may constitute a practice that violates patients' collective rights," informs Patient Ombudsman Bartłomiej Chmielowiec.
According to Article 33(1) of the Act of 6 November 2008 on Patients' Rights and Patients' Ombudsman, a hospital patient has the right to personal contact with other persons, i.e. visitation. Contact with loved ones reinforces the sense of security and also serves to offset the discomfort accompanying hospitalisation.
On the basis of Article 5 of the aforementioned Act, the exercise of patients' rights, inter alia due to the epidemic threat, may be restricted, however, the restrictions imposed must not be discretionary, but as little as possible onerous for patients and adapted to the current threat.
As indicated by the Provincial Administrative Court in Warsaw in its ruling of 16 June 2021. (V SA/Wa 797/21): the provision of Article 5 of the Act should be interpreted restrictively without the possibility of a broadening interpretation. It should also be applied in exceptional situations, where grounds for limiting the exercise of a patient's rights have been identified. Only in such cases is it possible to limit the exercise of the patient's rights and only for the necessary period.
Changes to visitation rules in hospitals
Treatment providers should review the restrictions they have put in place and take steps to allow patients to be visited by their next of kin.
The recommendations of the Ministry of Health and the Chief Sanitary Inspector of 28 April 2022 have been significantly relaxed and should be implemented by hospitals. According to their content:
- It is recommended to allow visits by 1 person at a time and 2 people in special situations.
- It is recommended, in accordance with the organisational possibilities of the treatment facility, to define time slots for visits during the day and to limit the duration of visits, in order to reduce the risk of people congregating in one room and to allow regular cleaning and disinfection of the surfaces in these rooms.
- It is necessary to wear a mask covering the mouth and nose at all times while in the treatment facility.
- It should be possible for visitors to wash their hands with soap and water or to disinfect their hands immediately after they enter the treatment entity.
- It is recommended that the visitor thoroughly washes or disinfects his or her hands first (immediately prior to contact) before carrying out care tasks with the visited patient.
- If visiting takes place in a building, the staff of the treatment entity is responsible for regular ventilation and cleaning and disinfection of the visiting rooms.
- Persons with symptoms of infection should not visit patients, especially immunocompromised patients not vaccinated against COVID-19 and without a history of SARS-CoV-2 infection in the past 180 days - except in special situations to be determined by the head of the treatment entity (e.g. for farewell visits to patients).
"I would point out that visitation must not be limited to only certain days of the week - it must be available throughout the week. The definition of a visitation time slot must provide a real opportunity for the patient to benefit from the visitation of loved ones. It is unacceptable to limit visitation, e.g. only between 8am and 10am. As a general rule, it should be possible to visit throughout the day. A single visit to a patient should also not be able to last less than two hours," explains Bartłomiej Chmielowiec.
The maintenance of restrictive restrictions on the exercise of patient rights by hospitals may constitute a practice that violates the collective rights of patients, the failure to comply with which will be enforced by the Patient Ombudsman by means of an administrative decision and which is subject to a fine of up to PLN 500,000.
At the same time, the Patients' Ombudsman encourages patients themselves and organisations representing their interests to report to the Patients' Ombudsman cases concerning the banning of hospital visits or the imposition of significant restrictions in this respect. The Ombudsman will intervene in all cases.
Source: www.gov.pl/web/rpp