Patients' rights

Last updated

Patient rights consist of enforceable duties that healthcare professionals and healthcare business persons owe to patients to provide them with certain services or benefits. [1] When such services or benefits become rights instead of simply privileges, then a patient can expect to receive them and can expect the support of people who enforce organization policies or legal codes to intervene on the patient's behalf if the patient does not receive them. A patient's bill of rights is a list of guarantees for those receiving medical care. It may take the form of a law or a non-binding declaration. Typically a patient's bill of rights guarantees patients information, fair treatment, and autonomy over medical decisions, among other rights.

Contents

India

Under the direction of the Ministry of Health and Family Welfare (MOHFW), India's National Human Rights Commission drafted a Charter of Patients' Rights in 2018. [2] Following a recommendation by the National Council of Clinical Establishments, MOHFW submitted the draft in the public domain for comments and suggestions in August 2018. [3]

The Charter draws upon different provisions relevant to patients' rights that were previously scattered across the Constitution of India, the Drugs and Cosmetic Act of 1940, the Clinical Establishment Act of 2010, and various judgments by the Supreme Court of India, among other sources. [4] The Charter aims to:

  1. provide a reference for State Governments to enact or modify existing regulation.
  2. provide a framework of healthcare standards for service providers.
  3. And, raise awareness among patients about their rights. [5]

Recognized patients' rights

The Charter of Patients' Rights lists seventeen rights that patients are entitled to: [6]

Morocco

Morocco has expressed its interest in recognizing the right to health for the entire population, [7] a right rooted in the Islamic religion. [8]

United Kingdom

In the UK, the Patient's Charter was introduced and revised in the 1990s. [9] It was replaced by the NHS Constitution for England in 2013. [10]

United States

In the United States there have been a number of attempts to enshrine a patient's bill of rights in law, including a bill rejected by Congress in 2001. [11]

Bill of 2001

A rally for the patients' bill of rights proposed in 2001, with Bill Clinton, Joe Hoeffel, Ron Klink, Ed Rendell, and Chaka Fattah Patients Bill of Rights Ron Klink.jpg
A rally for the patients' bill of rights proposed in 2001, with Bill Clinton, Joe Hoeffel, Ron Klink, Ed Rendell, and Chaka Fattah

The United States Congress considered a bill designed to safeguard patients' rights in 2001. The "Bipartisan Patient Protection Act" (S.1052), sponsored by Senators Edward Kennedy and John McCain, contained new rules for what health maintenance organizations had to cover and granted new rights for patients to sue in state or federal courts, if they are denied needed care. [12]

The House of Representatives and Senate passed differing versions of the proposed law. [13] Although both bills would have provided patients key rights, such as prompt access to emergency care and medical specialists, only the Senate-passed measure would provide patients with adequate means to enforce their rights. [11] The Senate's proposal would have conferred a broad array of rights on patients. It would have ensured that patients with health care plans had the right to:

The bill was passed by the US Senate by a vote of 59–36 in 2001, [14] it was then amended by the House of Representatives and returned to the Senate. Reportedly, president Bush threatened to veto the bill if it included the Senate's provision to allow patients to sue managed care organizations in the state and federal courts. [11]

Industry resistance

Wendell Potter, former senior executive at Cigna-turned-whistleblower, [15] has written that the insurance industry worked to kill "any reform that might interfere with insurers' ability to increase profits" by engaging in extensive and well-funded anti-reform campaigns. [16] The industry, he says, "goes to great lengths to keep its involvement in these campaigns hidden from public view," including the use of "front groups". [17]

The ethical responsibility of health professionals to respect patients' rights

By highlighting the ethical responsibility of health care professionals towards their patients, basic principles are mentioned, such as self-esteem, prevention of harm, promotion of well-being and justice. These principles play an essential role in guiding medical decisions, helping healthcare providers care for the well-being of patients while maintaining their decision-making capacity, thus achieving a fundamental balance between medical ethics and the commitment of health professionals to patients [18]

See also

Related Research Articles

<span class="mw-page-title-main">Health Insurance Portability and Accountability Act</span> United States federal law concerning health information

The Health Insurance Portability and Accountability Act of 1996 is a United States Act of Congress enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1996. It aimed to alter the transfer of healthcare information, stipulated the guidelines by which personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and addressed some limitations on healthcare insurance coverage. It generally prohibits healthcare providers and businesses called covered entities from disclosing protected information to anyone other than a patient and the patient's authorized representatives without their consent. The bill does not restrict patients from receiving information about themselves. Furthermore, it does not prohibit patients from voluntarily sharing their health information however they choose, nor does it require confidentiality where a patient discloses medical information to family members, friends or other individuals not employees of a covered entity.

A patient is any recipient of health care services that are performed by healthcare professionals. The patient is most often ill or injured and in need of treatment by a physician, nurse, optometrist, dentist, veterinarian, or other health care provider.

Health insurance or medical insurance is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among many individuals. By estimating the overall risk of health risk and health system expenses over the risk pool, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to provide the money to pay for the health care benefits specified in the insurance agreement. The benefit is administered by a central organization, such as a government agency, private business, or not-for-profit entity.

<span class="mw-page-title-main">Primary care</span> Day-to-day health care given by a health care provider

Primary care is the day-to-day healthcare given by a health care provider. Typically this provider acts as the first contact and principal point of continuing care for patients within a healthcare system, and coordinates other specialist care that the patient may need. Patients commonly receive primary care from professionals such as a primary care physician, a physician assistant, a physical therapist, or a nurse practitioner. In some localities, such a professional may be a registered nurse, a pharmacist, a clinical officer, or an Ayurvedic or other traditional medicine professional. Depending on the nature of the health condition, patients may then be referred for secondary or tertiary care.

<span class="mw-page-title-main">Two-tier healthcare</span> Unequal access to higher quality healthcare

Two-tier healthcare is a situation in which a basic government-provided healthcare system provides basic care, and a secondary tier of care exists for those who can pay for additional, better quality or faster access. Most countries have both publicly and privately funded healthcare, but the degree to which it creates a quality differential depends on the way the two systems are managed, funded, and regulated.

<span class="mw-page-title-main">Medical record</span> Medical term

The terms medical record, health record and medical chart are used somewhat interchangeably to describe the systematic documentation of a single patient's medical history and care across time within one particular health care provider's jurisdiction. A medical record includes a variety of types of "notes" entered over time by healthcare professionals, recording observations and administration of drugs and therapies, orders for the administration of drugs and therapies, test results, X-rays, reports, etc. The maintenance of complete and accurate medical records is a requirement of health care providers and is generally enforced as a licensing or certification prerequisite.

The Patient Self-Determination Act (PSDA) was passed by the United States Congress in 1990 as an amendment to the Omnibus Budget Reconciliation Act of 1990. Effective on December 1, 1991, this legislation required many hospitals, nursing homes, home health agencies, hospice providers, health maintenance organizations (HMOs), and other health care institutions to provide information about advance health care directives to adult patients upon their admission to the healthcare facility. This law does not apply to individual physicians.

Conscience clauses are legal clauses attached to laws in some parts of the United States and other countries which permit pharmacists, physicians, and/or other providers of health care not to provide certain medical services for reasons of religion or conscience. It can also involve parents withholding consenting for particular treatments for their children.

A public hospital, or government hospital, is a hospital which is government owned and is fully funded by the government and operates solely off the money that is collected from taxpayers to fund healthcare initiatives. In almost all the developed countries but the United States of America, and in most of the developing countries, this type of hospital provides medical care free of charge to patients, covering expenses and wages by government reimbursement.

A Patient Safety Organization (PSO) is a group, institution, or association that improves medical care by reducing medical errors. Common functions of patient safety organizations are data collection, analysis, reporting, education, funding, and advocacy. A PSO differs from a Federally designed Patient Safety Organization (PSO), which provides health care providers in the U.S. privilege and confidentiality protections for efforts to improve patient safety and the quality of patient care delivery

Due to the near-universal desire for safe and good quality healthcare, there is a growing interest in international healthcare accreditation. Providing healthcare, especially of an adequate standard, is a complex and challenging process. Healthcare is a vital and emotive issue—its importance pervades all aspects of societies, and it has medical, social, political, ethical, business, and financial ramifications. In any part of the world healthcare services can be provided either by the public sector or by the private sector, or by a combination of both, and the site of delivery of healthcare can be located in hospitals or be accessed through practitioners working in the community, such as general medical practitioners and dental surgeons.

<span class="mw-page-title-main">Philosophy of healthcare</span>

The philosophy of healthcare is the study of the ethics, processes, and people which constitute the maintenance of health for human beings. For the most part, however, the philosophy of healthcare is best approached as an indelible component of human social structures. That is, the societal institution of healthcare can be seen as a necessary phenomenon of human civilization whereby an individual continually seeks to improve, mend, and alter the overall nature and quality of their life. This perennial concern is especially prominent in modern political liberalism, wherein health has been understood as the foundational good necessary for public life.

The Patients' Charter is an official document by the government or an organization that enlists various Patients' Rights and Responsibility along with the Code of Practice, followed by a medical personnel.

Healthcare in England is mainly provided by the National Health Service (NHS), a public body that provides healthcare to all permanent residents in England, that is free at the point of use. The body is one of four forming the UK National Health Service as health is a devolved matter; there are differences with the provisions for healthcare elsewhere in the United Kingdom, and in England it is overseen by NHS England. Though the public system dominates healthcare provision in England, private health care and a wide variety of alternative and complementary treatments are available for those willing and able to pay.

Healthcare in Georgia is provided by a universal health care system under which the state funds medical treatment in a mainly privatized system of medical facilities. In 2013, the enactment of a universal health care program triggered universal coverage of government-sponsored medical care of the population and improving access to health care services. Responsibility for purchasing publicly financed health services lies with the Social Service Agency (SSA).

Patient-centered outcomes are results of health care that can be obtained from a healthcare professional's ability to care for their patients and their patient's families in ways that are meaningful, valuable and helpful to the patient. Patient-centered outcomes focus attention on a patient's beliefs, opinions, and needs in conjunction with a physician's medical expertise and assessment. In the United States, the growth of the healthcare industry has put pressure on providers to see more patients in less time, fill out paperwork in a timely manner, and stay current on the ever-changing medical advancements that occur daily. This increased pressure on healthcare workers has put stress on the provider-patient relationship. The Patient-Centered Outcomes Research Institute (PCORI) is a United States Government funded research institute that funds studies that compare healthcare options to find out what options and situations work best for patients of different circumstances. PCORI uses their research to increase the quality of healthcare and push the healthcare system towards a more patient-centered approach. The Beryl Institute, a non-profit institute dedicated to the improvement of patient experience through Evidence-based research, released data that found that over 90% of patients believe patient-centered outcomes to be "extremely important" to their healthcare experience. Individuals that participated in this study by the Beryl Institute claimed that the aspects of healthcare that they see as most influential to their healthcare experience include effective communication, pain management, a clear and well-explained plan of care and a clean and comfortable environment. In addition to this data, women were found to have the largest issues with lack of patient-centered care, reporting higher rates of pain and less empathy than men.

The Texas Advance Directives Act (1999), also known as the Texas Futile Care Law, describes certain provisions that are now Chapter 166 of the Texas Health & Safety Code. Controversy over these provisions mainly centers on Section 166.046, Subsection (e), which allows a health care facility to discontinue life-sustaining treatment ten days after giving written notice if the continuation of life-sustaining treatment is considered futile care by the treating medical team.

Balance billing, sometimes called surprise billing, is a medical bill from a healthcare provider billing a patient for the difference between the total cost of services being charged and the amount the insurance pays. It is a pervasive problem in the United States with providers who are out of network, and therefore not subject to the rates or terms of providers who are in-network. Balance billing has a variable prevalence by market and specialty.

The rights of mental health patients in New Zealand are covered in law by both the New Zealand Bill of Rights Act 1990 and The Code of Health and Disability Service Consumers' Rights. Section 11 of the Bill of Rights Act states that "everyone has the right to refuse to undergo any medical treatment". However the Mental Health Act 1992 allows for the compulsory treatment of patients with major mental illness who do not consent. This legislation also allows for the detention and treatment of individuals who have committed crimes but who have either been deemed unfit to plead or have been found not guilty by reason of insanity.

The authority for patient rights in New Zealand comes from the Health and Disability Commissioner Act 1994, the specific rules come from Health and Disability Commissioner Regulations 1996. This code improves the quality of healthcare in New Zealand and ensures that there is a consistent expectation for all consumers.

References

  1. Olejarczyk, Jacob; Young, Michael (2023), "Patient Rights and Ethics", StatPearls, Treasure Island (FL): StatPearls Publishing, PMID   30855863 , retrieved 2023-11-24
  2. Yasmeen, Afshan (10 September 2018). "Draft Charter of Patients' Rights released". The Hindu. Retrieved 11 August 2021.
  3. "Charter to uphold patients' rights". www.telegraphindia.com. Retrieved 2019-01-19.
  4. Delhi (7 April 2021). "Do you know your rights as a patient? Read to know about the document drafted by the Government". India Today. Retrieved 11 August 2021.
  5. The Clinical Establishments (Registration and Regulation) ACT, 2010 (2018). "Charter of Patients' Rights for adoption by NHRC" (PDF). The Clinical Establishments (Registration and Regulation) ACT, 2010.{{cite web}}: CS1 maint: numeric names: authors list (link)
  6. "Placing the draft of "Charter of Patients' Rights" in public domain for comments/ suggestions- reg" (PDF). India. Ministry of Health and Family Welfare. August 30, 2018. Archived from the original (PDF) on January 19, 2019. Retrieved January 19, 2019.
  7. Bélanger, Michel (2005-04-12). "Une nouvelle branche du droit international : Le droit international de la santé". Études internationales. 13 (4): 611–632. doi: 10.7202/701420ar . ISSN   1703-7891.
  8. Aboussad, Abdelmounaim (2023). "Plaidoyer pour une réforme du système de santé au Maroc. Ordonnance pour une politique de santé 2.0 by Youssef Elfakir (review)". The Maghreb Review. 48 (3): 331–332. doi:10.1353/tmr.2023.a901780. ISSN   2754-6772.
  9. Greengross, Peter; Grant, Ken; Collini, Elizabeth (1999). The history and development of the UK National Health Service 1948 - 1999 (Second ed.). DFID Health Systems Resource Center.
  10. "NHS England appoints RPS director for England to 'NHS Long Term Plan' advisory board". Pharmaceutical Journal. 2019. doi:10.1211/pj.2019.20206362. S2CID   239328426.
  11. 1 2 3 Paasche-Orlow, Michael K.; Jacob, Dan M.; Hochhauser, Mark; Parker, Ruth M. (April 2009). "National Survey of Patients' Bill of Rights Statutes". Journal of General Internal Medicine. 24 (4): 489–494. doi:10.1007/s11606-009-0914-z. PMC   2659155 . PMID   19189192.
  12. Dubno, Dan (June 18, 2001). "Bipartisan Patients' Bill Of Rights Act". CBS News. Retrieved 6 July 2020.
  13. Mariner, W. K. (24 August 2000). "What recourse? Liability for managed-care decisions and the Employee Retirement Income Security Act". The New England Journal of Medicine. 343 (8): 592–596. doi:10.1056/NEJM200008243430823. ISSN   0028-4793. PMID   10954770 . Retrieved 11 August 2021.
  14. "Senate Vote #220 in 2001. S. 1052 (107th): Bipartisan Patient Protection Act". GovTrack. Retrieved 3 September 2016.
  15. "How Insurance Companies Hurt Policyholders - ABC News". Abcnews.go.com. 2009-06-24. Retrieved 2012-08-01.
  16. "Commentary: How insurance firms drive debate - CNN.com". www.cnn.com. Retrieved 11 August 2021.
  17. Potter, Wendell (2009-09-15). "How corporate P.R. works to kill healthcare reform". Salon.com. Retrieved 2012-08-01.
  18. "Principles of Bioethics | UW Department of Bioethics & Humanities". depts.washington.edu. Retrieved 2023-10-23.