Right to Be Treated With Respect
According to the Patients’ Bill of Rights issued by the U.S. Office of Personnel Management, patients have the right to be treated with courtesy and respect by persons in the healthcare system, including healthcare providers like doctors, nurses, and medical personnel as well as insurance providers. As a patient, you have the right to be treated without discrimination based on your age, race, ethnicity, color, religion, sex, gender identity, or sexual orientation. These rights extend to everyone irrespective of whether they can pay for healthcare or not.
Right to Emergency Care
In 1986, Congress enacted the Emergency Medical Treatment and Labor Act (EMTALA) to ensure that everyone has access to emergency care services regardless of their ability to pay. Medicare-participating hospitals that offer emergency services are required to provide stabilizing treatment for people with an emergency medical condition. If a hospital is unable to do so within its capability, or if the patient requests it, a transfer would need to be made to a hospital that can.
Right to Obtain Your Medical Records
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 gives patients the right to get their medical records. This can include notes written by their physicians, medical test results, and other documents related to their care. Under HIPAA, people also have the right to privacy so that others cannot look at their medical records without their expressed consent.
Right to Informed Consent
As a patient, you have the right to informed consent. Informed consent means that you have been provided sufficient information about your medical diagnosis and treatment to make an informed decision about your treatment. This includes being given full information about treatment options, possible outcomes, costs, benefits, risks, and information about the doctor or hospital providing care.
Right to Refuse to Take Part in Research
As obvious as this may seem, you cannot be compelled to take part in medical research. However, there have been occasions when university students or employees have been offered extra credit or rewards to participate in a study. These practices are known as coercion and “undue influence.” Under the Bill of Rights of Research Participants, you cannot be forced to participate in a study or penalized if you choose not to participate. If you do enroll in a study, you also have the right to stop any time after the study begins.
Right to Receive and Question Itemized Bills for Medical Services
Under HIPAA, you have the right to access your private health information, including itemized billing for medical services. There are also systems in place that allow you to dispute any charge or appeal an insurance claim that costs you more than expected.
Right to Make Decisions About End-of-Life Care
The right of informed choice extends to the decision of how you want to end your life if you receive a terminal diagnosis or have a late-stage disease like cancer. While the vast majority of states do not allow people to end their lives, either on their own or with the aid of a physician, the Patient Self Determination Act (PDSA) of 1990 provides the right to refuse life-sustaining treatment.
Right to Make Decisions Regarding Organ Donation
Under the Uniform Anatomical Gift Act (UAGA) of 2006, you have the right to allow or prevent your organs from being donated if you die suddenly. The law permits organ donation without family consent if you designate yourself as a donor on a driver’s license, donor card, or donor registry.
How to Protect Your Patient Rights
While there are laws in place to protect your rights as a patient, you have responsibilities as well. To better protect yourself and ensure peace of mind, there are several things you can do:
- Ask questions if you do not understand what your healthcare provider is telling you.
- Seek a second opinion if you are not getting the information you need in a language you understand.
- Request a cost estimate before agreeing to any treatment. The estimate should itemized and include all associated costs, such as anesthesia services or facility costs.
- Prepare a living will or durable power of attorney for healthcare so that your wishes are adhered to if you become incapacitated.
- If you have a billing dispute, contact your insurance company or engage a patient advocate to walk you through the process of lodging a dispute.
- If you have been discriminated against, file a civil rights dispute with the Office of Civil Rights at (800) 368-1019.
Summary
Patients in the U.S. healthcare system have certain rights provided to them under the law. These include the right to emergency care, the right to their medical records, the right to informed consent, and the right to make decisions regarding their end-of-life or organ donation. Some rights, while strongly enforced, have limitations. There are instances, for example, where your medical records can be shared with other physicians treating you. Similarly, while you can refuse treatment for yourself, you generally cannot do so for your child if reasonable, life-sustaining treatments are available.
FAQs
Q: What is the Patient’s Bill of Rights?
A: The Patient’s Bill of Rights is a set of laws that protect patients’ rights in the healthcare system.
Q: What is HIPAA?
A: HIPAA stands for the Health Insurance Portability and Accountability Act, which protects patients’ private health information.
Q: What is informed consent?
A: Informed consent is the process of providing patients with sufficient information about their medical diagnosis and treatment to make an informed decision about their treatment.
Q: Can I refuse to take part in medical research?
A: Yes, you cannot be compelled to take part in medical research. However, there are instances where you may be offered incentives to participate in a study.
Q: How do I dispute a medical bill?
A: You can dispute a medical bill by contacting your insurance company or engaging a patient advocate to walk you through the process of lodging a dispute.
