12 Points in a Patient's Bill of Rights

There are 12 key areas related to patient rights when accessing and receiving health care in the United States. They range from the right to privacy established under the Health Insurance Portability and Accountability Act (HIPAA) to, with few exceptions, the right to refuse treatment.

This article discusses these patient rights and the foundation for them. It will help you to know what to expect when connecting with medical professionals and how to advocate for your own care, such as seeking a second opinion.

Right to Have Access to Care

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Access to care means that you can secure the services you need in a timely fashion that will ensure the best possible health outcomes. The Agency for Healthcare Research and Quality in the U.S. says this access includes:

• Health insurance, removing the barrier to provider care and services
• Services, with an established primary care provider making it easier to get routine health screenings and prevention services like mammograms
• Timeliness, to ensure needed services occur without delay
• Workforce, meaning access depends on qualified and well-trained providers

The Right to Respect

The patient's right to respect, otherwise known as nondiscrimination, is the right to be treated with dignity and respect. Discrimination is not permitted on the basis of:

• Race, ethnicity, or national origin
• Age
• Sex, sexual orientation, or gender identity and expression
• Veteran or military status
• Religion
• Any other basis prohibited by federal, state, or local law

This also means that you have the right to be treated humanely and never be subjected to degrading treatment by any ​healthcare professional.

The Right to Emergency Treatment

Healthcare professionals have a responsibility to provide medical treatment to any person with an emergency medical condition. Patients have the right to emergency medical treatment at any emergency room, regardless of their ability to pay.

According to EMTALA or the Emergency Medical Treatment & Labor Act, an emergency is defined as any medical condition with acute (sudden) symptoms and severity (including pain) that, without care, could reasonably be expected to:

• Place the health of an individual or fetus in jeopardy
• Cause serious impairment in bodily function
• Cause serious dysfunction of bodily organs

The Right of Informed Consent

The most important right that a patient has is the right of informed consent. You should only consent to medical treatment if you have sufficient information about the diagnosis and all treatment options available in terms you can understand.

A healthcare provider must make you aware of what their plans or procedures are before they begin them. Don't hesitate to ask questions or seek more information.

The Right to Refuse Treatment

You have the right to self-determination and can refuse medical treatment, with few exceptions such as certain mental health crises.

From an ethical perspective, healthcare providers have the responsibility or duty to protect the life and health of a patient. Ultimately, the patient has the final decision regarding the medical treatment they receive, even when it means they choose to decline such treatment.

The Right to Choose Providers

Physicians and hospitals often refer patients to specialists, home health care, long-term facilities or other healthcare professionals for further care outside of their expertise or ability to provide continuity of care.

These decisions can sometimes violate the right to choose the provider of your choice. All people have the right to choose the provider who renders healthcare services to them.

The Right to Privacy

One of the most basic rights that a patient has is the right to privacy. Patients have the right to decide to whom, when, and to what extent their private individually identifiable health information is disclosed.

Legal protections extend to information about but not limited to:

• Medical diagnosis
• Treatment plans
• Prescriptions
• Health insurance information
• Genetic information
• Clinical research records
• Mental health records

For patients, a lack of privacy could lead to personal embarrassment, public humiliation, and discrimination.

Right to Form Advance Directives

You have the right to decide what you want to happen if you face life-threatening injury or illness and cannot speak on your own behalf. This self-determination can be achieved through advance directive planning.

• A living will, to communicate your wishes about cardiopulmonary resuscitation (CPR), artificial ventilation, feeding tubes, and other measures
• Durable power of attorney for health care, which identifies someone you've chosen to make decisions for you if you cannot make them yourself

Right to Pain Management

Healthcare providers have an obligation to relieve pain and suffering, as affirmed by the American Medical Association and other global healthcare organizations. Pain management is viewed by many professionals as a human right, and alleviating chronic pain is seen as an ethical and legal obligation.

There are exceptions, especially with concerns over the opioid crisis. Access to pain management does not necessarily mean you can demand a specific type of drug or therapy. Patient rights do have limits and healthcare providers have rights, too.

Right to Request or Refuse Transfer of Care

You may find that you want to be treated at a different hospital or by a different provider; you also may insist on refusing such a transfer when a provider is the one planning the transfer of care.

The right to transfer means that the first provider will make information available about the necessity or risks involved with any change, and honor the decision of a patient requesting (or disputing) transfer of care.

If a provider is transferring care, they are obligated to ensure continuity of care with a new provider and facility.

The Right to Appeal

You have the right to a fair review or appeal of any complaint against physicians, hospitals, or any other healthcare provider. The right to appeal includes complaints regarding:

• Adequacy of treatment
• Actions of healthcare personnel
• Wait times
• Operating hours
• Billing and payment issues

You also have the right to ask about any potential conflicts of interest involving a healthcare provider, such as those that may affect a facility where you receive a procedure or a prescribed medication.

Patient Responsibilities

Patients have a number of responsibilities to the medical office including active participation in their treatment plan, timely resolution of their financial obligation and respectful interaction with all staff.

Summary

People receiving medical care have rights that protect their autonomy and decision making, their health records, and their relationships with healthcare providers.

Some of these rights are established by law, while others are determined by medical organizations and their members on the basis of ethics and morality.

Don't hesitate to speak up for yourself or ask questions about your rights. A patient advocate also can help you with concerns about your patient rights. Keep in mind that as a patient, you also have responsibilities as a partner in your health care.

Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

1. Agency for Healthcare Research and Quality. Access to Care.
2. American Medical Association. Patient rights.
3. American College of Emergency Physicians. EMTALA fact sheet.
4. American Medical Association. Informed consent.
5. U.S. Department of Health & Human Services. Health information privacy.
6. National Institute on Aging. Preparing a Living Will.
7. National Institute on Aging. Choosing a Health Care Proxy.
8. Brennan F, Lohman D, Gwyther L. Access to Pain Management as a Human Right.Am J Public Health. 2019 Jan;109(1):61-65. doi: 10.2105/AJPH.2018.304743.
9. Jukić M, Puljak L. Legal and Ethical Aspects of Pain Management. Acta Med Acad. 2018 May;47(1):18-26. doi: 10.5644/ama2006-124.211.
10. American Academy of Family Physicians. Consultations, Referrals, and Transfers of Care.

By Joy Hicks
Joy B. Hicks, PhD, MBA, is an expert on the health insurance industry with over 15 years of experience in patient financial services.

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