HOME

TheInfoList



OR:

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 A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
guarantees patients information, fair treatment, and autonomy over medical decisions, among other rights.


India

Under the direction of the
Ministry of Health and Family Welfare The Ministry of Health and Family Welfare is an Indian government ministry charged with health policy in India. It is also responsible for all government programs relating to family planning in India. The Minister of Health and Family Welfar ...
(MOHFW), India's National Human Rights Commission drafted a Charter of Patients' Rights in 2018. Following a recommendation by the National Council of Clinical Establishments, MOHFW submitted the draft in the public domain for comments and suggestions on August 2018. The Charter draws upon different provisions relevant to patients' rights that were previously scattered across the
Constitution of India The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ...
, the Drugs and Cosmetic Act of 1940, the Clinical Establishment Act of 2010, and various judgments by the
Supreme Court of India The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
, among other sources. The Charter aims to: # provide a reference for State Governments to enact or modify existing regulation. # provide a framework of healthcare standards for service providers. # And, raise awareness among patients about their rights.


Recognized patients' rights

The Charter of Patients' Rights lists seventeen rights that patients are entitled to: * Right to information: Every patient has the right to know what is the illness that they are suffering, its causes, the status of the diagnosis (provisional or confirmed), expected costs of treatment. Furthermore, service providers should communicate this in a manner that is understandable for the patient. * Right to records and reports: The patient has the right to access his/her medical records and investigation reports. Service providers should make these available upon the patients' payment of any photocopy fees as applicable. * Right to emergency care: Public and private hospitals have an obligation to provide emergency medical care regardless of the patients' capacity to pay for the services. * Right to informed consent: Patients have the right to be asked for their informed consent before submitting to potentially hazardous treatment. Physicians should clearly explain the risks from receiving the treatment and only administer the treatment after getting explicit written consent from the patient. * Right to confidentiality, human dignity and privacy: Doctors should observe strict confidentiality of a patient's condition, with the only exception of potential threats to public health. In case of a physical inspection by a male doctor on a female patient, the latter has the right to have a female person present throughout the procedure. Hospitals also have an obligation to secure patient information from any external threats. * Right to second opinion: Patients are entitled to seek a second opinion and hospitals should facilitate any information or records that the patient requires to do so. * Right to transparency in rates, and care according to prescribed rates wherever relevant: Hospitals should display the rates that they charge in a visible manner and patients should receive an itemized bill when payment is required. Essential medicines, devices and implants should comply with rates established by the National Pharmaceutical Pricing Authority (NPPA). * Right to non-discrimination: Service providers cannot deny treatment on the basis of gender, caste, religion, age, sexual orientation or social origins. Additionally, it is against the Charter to deny treatment on the basis of a patients' health condition, including HIV status. * Right to safety and quality care according to standards: Hospitals must ensure a hygienic and sanitized environment to provide their services. * Right to choose alternative treatment options if available: Patients have the right to consider treatment alternatives and even refuse treatment. * Right to choose source for obtaining medicines or tests: Any registered pharmacy and laboratory is eligible to provide patients with goods and services they require. * Right to proper referral and transfer, which is free from perverse commercial influences: In case of transfers or referrals, the patient has the right to an explanation that justifies the transfer, as well as confirmation from the hospital receiving the patient about their acceptance of the transfer. * Right to protection for patients involved in clinical trials: Clinical trials should comply with all the standards and protocols under the Directorate General of Health Services. * Right to protection of participants involved in biomedical and health research: Studies involving patients should follow the National Ethical Guidelines for Biomedical and Health Research Involving Human Participants. * Right to take discharge of patient, or receive body of deceased from hospital: Patients have the right to be discharged and may not be detained at a health service provider facility because of procedural reasons such as payment disputes. * Right to Patient Education: In addition to information about their condition, patients have the right to know about public health services such as insurance schemes and charitable hospitals. * Right to be heard and seek redressal: feedback and comments to their health service providers and file complaints as required. They additionally have the right to redressal in cases where any of their rights are violated.


United Kingdom

In the UK, the
Patient's Charter 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. The Patient's Charter was first starte ...
was introduced and revised in the 1990s. It was replaced by the
NHS Constitution for England The NHS Constitution for England is a document that sets out objectives of the National Health Service, rights and responsibilities of the various parties involved in health care, (staff, trust board, patients' rights and responsibilities) and th ...
in 2013.


United States

In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
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.


Bill of 2001

The
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washi ...
considered a bill designed to safeguard patients' rights in 2001. The "Bipartisan Patient Protection Act"
S.1052
, sponsored by Senators
Edward Kennedy Edward Moore Kennedy (February 22, 1932 – August 25, 2009) was an American lawyer and politician who served as a United States senator from Massachusetts for almost 47 years, from 1962 until his death in 2009. A member of the Democratic ...
and John McCain, contained new rules for what
health maintenance organization In the United States, a health maintenance organization (HMO) is a medical insurance group that provides health services for a fixed annual fee. It is an organization that provides or arranges managed care for health insurance, self-funded he ...
s had to cover and granted new rights for patients to sue in state or federal courts, if they are denied needed care. The
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
and
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the e ...
passed differing versions of the proposed law. Although both bills would have provided patients key rights, such as prompt access to
emergency care Emergency medicine is the medical speciality concerned with the care of illnesses or injuries requiring immediate medical attention. Emergency physicians (often called “ER doctors” in the United States) continuously learn to care for un ...
and
medical specialist A medical specialty is a branch of medical practice that is focused on a defined group of patients, diseases, skills, or philosophy. Examples include those branches of medicine that deal exclusively with children (paediatrics), cancer (oncology), ...
s, only the Senate-passed measure would provide patients with adequate means to enforce their rights. 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: *have their medical decisions made by a doctor; *see a medical specialist; *go to the closest emergency room; The bill was passed by the US Senate by a vote of 59–36 in 2001, 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 The term managed care or managed healthcare is used in the United States to describe a group of activities intended to reduce the cost of providing health care and providing American health insurance while improving the quality of that care ("man ...
organizations in the state and federal courts.


Industry resistance

Wendell Potter, former senior executive at
Cigna Cigna is an American multinational managed healthcare and insurance company based in Bloomfield, Connecticut. Its insurance subsidiaries are major providers of medical, dental, disability, life and accident insurance and related products and ser ...
-turned-whistleblower, 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. 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".


See also

*
Health care reform in the United States Healthcare reform in the United States has a long history. Reforms have often been proposed but have rarely been accomplished. In 2010, landmark reform was passed through two federal statutes enacted in 2010: the Patient Protection and Affordab ...
*
Human experimentation in the United States Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, an ...
*
Disability rights The disability rights movement is a global new social movements, social movement that seeks to secure equal opportunity, equal opportunities and equality before the law, equal rights for all people with disability, disabilities. It is made u ...
* Pregnant patients' rights *
Medical ethics Medical ethics is an applied branch of ethics which analyzes the practice of clinical medicine and related scientific research. Medical ethics is based on a set of values that professionals can refer to in the case of any confusion or conflict. T ...
* Mental Health Systems Act of 1980 — Earlier U.S. patients' rights legislation.


References


External links


Summary of the McCain-Edwards-Kennedy Patients' Bill of Rights
S.1052 2001.

Advisory Commission on Consumer Protection and Quality in the Health Care Industry
American Hospital Association - Patient Care Partnership
This plain language brochure replaces the AHA's Patients' Bill of Rights. {{DEFAULTSORT:U.S. Patients' Bill Of Rights Rights Health policy in the United States Human rights by issue Health law