The following is a list of patient rights that APRA proposes to be enacted into law in order to protect the health and financial well-being of all Americans.
Patients shall have the right to: *Existing laws which may vary by state.
- Select a healthcare provider of their choice
- Respect, dignity, courtesy, responsiveness, and timely attention to their needs
- Know what support services are available at a healthcare facility*
- Information about the healthcare provider and facility that is clear, accurate and easily understood
- Information regarding the identity, professional status, function, qualifications, institutional affiliation*, competency status (board certification and maintenance, CME completion, rehabilitation from drug or alcohol abuse, plus any other factors affecting competency), felony convictions, medical board actions for any physician providing treatment
- Direct, open and honest communications with all healthcare providers
- A prompt and reasonable response to a question or request*
- Transparency with respect to all medical matters including full disclosure of the patient’s past and present medical status and condition
- Privacy and confidentiality with respect to medical matters and records*
- Be accompanied by an advocate
- Treatment and accommodation of the patient’s medical condition that is adequate, appropriate and competent without regard to the patient’s race, gender, age, religion, ethnicity, national origin, language, hearing skills, sexual orientation, viral condition, socioeconomic status, genetic information or income
- Be fully informed of all treatment options including the pros and cons of each
- Participate in all treatment decisions
- Treatment by persons who adhere to safety and cleanliness standards when touching the patient
- Treatment in a clean and safe environment
- Medical visits, tests, and treatments that are warranted and prudent
- Be advised if a medical procedure is imprudent
- Safety through quality laboratory practices
- Be fully informed about a medical treatment or procedure at least 24 hours in advance, including the associated statistical mortality related to the procedure or treatment, if known, with the exception of urgent or emergency treatment. Be provided with the hospital’s infection rate, morbidity, and mortality associated with a planned invasive procedure, in advance of being admitted
- Be provided with a complete listing or access to a complete listing of the hospital’s fee for services in advance of being admitted
- Issue advance written consent to an invasive medical procedure according to the American Medical Association guidelines (1998) at least 24 hours in advance of the procedure, except in the case of emergencies, including who is allowed to perform the procedure.
- Not pay for any invasive procedure for which advance written consent was not issued, with the exception of an emergency situation
- Full disclosure and accounting of any adverse event, mistake or error in judgment that occurs during diagnosis or treatment, and any resulting medical complication, at the time of such occurrence or awareness. For any adverse event due to medical error, that subsequently affects the patient’s health or well-being, the patient has a right to just compensation
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Receive written confirmation prior to hospital admission stating: the procedure(s) or symptom(s) for which the patient will be admitted, the name of the patient’s attending physician with contact information, whether the patient is being admitted as an in-patient or an out-patient and how such designation may affect the patient’s health insurance coverage with respect to any future medical treatment for the same condition. The patient shall issue a signed acknowledgment and receive a copy of the confirmation at the time of admission
- Not be required to pay for hospital treatment if a written confirmation with respect to item 24 was not provided to the patient at the time of admission or if a signed acknowledgment was not issued by the patient
- Receive reasonable advance notice if a scheduled procedure will be canceled, rescheduled or modified, with the exception of an emergency situation or if the patient’s physical condition makes advance notice impossible
- Receive reasonable advance notice in writing of the physician who will be performing a scheduled procedure. If any change takes place then the patient shall be required to give advance written consent to such change, failing which the patient shall not be required to pay for such procedure, with the exception of an emergency situation or if the patient’s or scheduled physician’s physical condition makes advance notice impossible
- Receive reasonable advance notice if a surgeon will be operating on more than one patient at a time while performing a scheduled procedure. The patient shall be required to give written consent to such failing which the patient shall not be required to pay for the procedure
- Medical tests that are safe, accurate and valid
- Be informed of any medication being prescribed for off-label use, along with the reason and any risk involved
- Emergency services for screening and stabilization as needed
- Communicate with others outside of a medical facility
- Continuity of care and reasonable prior notice of discharge or transfer to another facility
- Refuse treatment, as permitted by law*, and be truthfully informed of the possible consequences
- An accurate and complete copy of all medical records upon request at a fair and reasonable price per page, and an electronic copy, if available, at a nominal charge
- Change or amend the patient’s medical record if something is missing, incomplete or in error*
- Review and add comments to their in-hospital medical record daily
- Be informed of how the patient’s medical information may be used or shared*
- Receive medical bills that are itemized*, valid, clear and accurate, within thirty (30) days of treatment
- An explanation of benefits and charges upon request*
- Be given full information and counseling on the availability of known financial resources for the patient’s healthcare*
- Review medical data and billing codes for services provided at the time of treatment and prior to billing or an insurance claim being filed
- Express grievances to the state, healthcare provider or facility regarding alleged violations of patient’s rights*
- Know the procedures for expressing a grievance*
- File and have grievances regarding medical treatment or billing reviewed in a fair, objective and timely manner, and receive a written reply within 30 days of filing
- File appeals with respect to grievance reviews and have them reviewed in a fair, objective and timely manner, with an option to have them mediated by an independent third party mediator or ombudsman charged with making an enforceable final determination within 30 days of receipt of an appeal
- Diagnosis and treatment of their medical condition according to federal, or peer-reviewed and published, healthcare guidelines. If treatment is to deviate from such guidelines the patient is to be informed and provide their advance written consent
- Be given an advance estimate of out-of-pocket costs for the diagnosis and treatment of their medical condition, if known, and for an operation or procedure prior to being admitted to a hospital
- Be counseled on lifestyle activities that could threaten the patient’s health due to their medical condition
- Provide information to an independent agency on the quality of care received during treatment or hospitalization
- Receive written information at least 24 hours in advance of any test, procedure or treatment regarding any complications or errors that could occur during or after such test, procedure or treatment
- Receive written notice in advance if a physician or hospital has not received prior written approval from a patient’s insurer for any procedure or treatment for which the physician or hospital charges $250 or more in fees
- A second opinion
- Have a surgical procedure video recorded and a copy of the recording included in the patient’s medical record
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