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 fewexceptions, 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 asseeking a second opinion.
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 fewexceptions, 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 asseeking a second opinion.
1
Right to Have Access to Care
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:
2
The Right to Respect
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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:
3The Right to Emergency TreatmentChris Ryan/Getty ImagesHealthcare 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 toEMTALAor 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 jeopardyCause serious impairment in bodily functionCause serious dysfunction of bodily organs
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The Right to Emergency TreatmentChris Ryan/Getty ImagesHealthcare 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 toEMTALAor 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 jeopardyCause serious impairment in bodily functionCause serious dysfunction of bodily organs
The Right to Emergency Treatment
Chris Ryan/Getty Images
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 toEMTALAor 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:
4The Right of Informed Consentasiseeit/Getty ImagesThe 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.
4
The Right of Informed Consentasiseeit/Getty ImagesThe 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 of Informed Consent
asiseeit/Getty Images
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.
5The Right to Refuse TreatmentBruce Ayres/Getty ImagesYou have the right to self-determination and can refuse medical treatment, with few exceptions such as certainmental 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.
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The Right to Refuse TreatmentBruce Ayres/Getty ImagesYou have the right to self-determination and can refuse medical treatment, with few exceptions such as certainmental 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 Refuse Treatment
Bruce Ayres/Getty Images
You have the right to self-determination and can refuse medical treatment, with few exceptions such as certainmental 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.
6The Right to Choose ProvidersJim Craigmyle/Getty ImagesPhysicians 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.Assisted Living Options for Young Adults With Disabilities
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The Right to Choose ProvidersJim Craigmyle/Getty ImagesPhysicians 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.Assisted Living Options for Young Adults With Disabilities
The Right to Choose Providers
Jim Craigmyle/Getty Images
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.
Assisted Living Options for Young Adults With Disabilities
7The Right to PrivacyJochen Sands/Getty ImagesOne 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 diagnosisTreatment plansPrescriptionsHealth insuranceinformationGenetic informationClinical research recordsMental health recordsFor patients, a lack of privacy could lead to personal embarrassment, public humiliation, and discrimination.
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The Right to PrivacyJochen Sands/Getty ImagesOne 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 diagnosisTreatment plansPrescriptionsHealth insuranceinformationGenetic informationClinical research recordsMental health recordsFor patients, a lack of privacy could lead to personal embarrassment, public humiliation, and discrimination.
The Right to Privacy
Jochen Sands/Getty Images
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:
For patients, a lack of privacy could lead to personal embarrassment, public humiliation, and discrimination.
8Right to Form Advance Directivesadvanced directive.iStockPhotoYou 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.Advance directives include:A living will, to communicate your wishes about cardiopulmonary resuscitation (CPR), artificial ventilation, feeding tubes, and other measuresDurable power of attorney for health care, which identifies someone you’ve chosen to make decisions for you if you cannot make them yourself
8
Right to Form Advance Directivesadvanced directive.iStockPhotoYou 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.Advance directives include:A living will, to communicate your wishes about cardiopulmonary resuscitation (CPR), artificial ventilation, feeding tubes, and other measuresDurable 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 Form Advance Directives
advanced directive.iStockPhoto
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.
Advance directives include:
9
Right to Pain Management
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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.
How to Recognize and Treat Opioid Abuse Before It’s Too Late
10
Right to Request or Refuse Transfer of Care
Maskot / Getty Images.
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.
11The Right to AppealPhotoAlto/Frederic Cirou/Getty ImagesYou 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 treatmentActions of healthcare personnelWait timesOperating hoursBilling and payment issuesYou 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.
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The Right to AppealPhotoAlto/Frederic Cirou/Getty ImagesYou 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 treatmentActions of healthcare personnelWait timesOperating hoursBilling and payment issuesYou 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.
The Right to Appeal
PhotoAlto/Frederic Cirou/Getty Images
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:
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.
12
Patient Responsibilities
Caiaimage/Rafal Rodzoch/Getty Images
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.
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.
Patient Advocacy
10 SourcesVerywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Agency for Healthcare Research and Quality.Access to Care.American Medical Association.Patient rights.American College of Emergency Physicians.EMTALA fact sheet.American Medical Association.Informed consent.U.S. Department of Health & Human Services.Health information privacy.National Institute on Aging.Preparing a Living Will.National Institute on Aging.Choosing a Health Care Proxy.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.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.American Academy of Family Physicians.Consultations, Referrals, and Transfers of Care.
10 Sources
Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Agency for Healthcare Research and Quality.Access to Care.American Medical Association.Patient rights.American College of Emergency Physicians.EMTALA fact sheet.American Medical Association.Informed consent.U.S. Department of Health & Human Services.Health information privacy.National Institute on Aging.Preparing a Living Will.National Institute on Aging.Choosing a Health Care Proxy.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.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.American Academy of Family Physicians.Consultations, Referrals, and Transfers of Care.
Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.
Agency for Healthcare Research and Quality.Access to Care.American Medical Association.Patient rights.American College of Emergency Physicians.EMTALA fact sheet.American Medical Association.Informed consent.U.S. Department of Health & Human Services.Health information privacy.National Institute on Aging.Preparing a Living Will.National Institute on Aging.Choosing a Health Care Proxy.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.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.American Academy of Family Physicians.Consultations, Referrals, and Transfers of Care.
Agency for Healthcare Research and Quality.Access to Care.
American Medical Association.Patient rights.
American College of Emergency Physicians.EMTALA fact sheet.
American Medical Association.Informed consent.
U.S. Department of Health & Human Services.Health information privacy.
National Institute on Aging.Preparing a Living Will.
National Institute on Aging.Choosing a Health Care Proxy.
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.
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.
American Academy of Family Physicians.Consultations, Referrals, and Transfers of Care.
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