Table of ContentsView AllTable of ContentsRespectEmergency CareMedical RecordsPrivacyInformed ConsentTreatment RefusalMedical ResearchContinuity of CareMedical BillingEnd-of-Life CareOrgan DonationProtecting Your Rights
Table of ContentsView All
View All
Table of Contents
Respect
Emergency Care
Medical Records
Privacy
Informed Consent
Treatment Refusal
Medical Research
Continuity of Care
Medical Billing
End-of-Life Care
Organ Donation
Protecting Your Rights
Other rights are protected under the law, including the right to emergency care, the right to make treatment decisions (including end-of-life care), the right to appeal medical billings, and the right to refuse treatment. Collectively, these are known as thePatients’ Bill of Rights.
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Right to Be Treated With Respect
As a patient, you have the right to be treated withoutdiscriminationbased on your age, race, ethnicity, color, religion, sex,gender identity, or sexual orientation. These rights extend to everyone irrespective of whether they can pay for healthcare or not.
Right to Emergency Care
In 1986, Congress enacted the Emergency Medical Treatment and Labor Act (EMTALA) to ensure that everyone has access to emergency care services regardless of their ability to pay.
Medicare-participating hospitals that offer emergency services are required to provide stabilizing treatment for people with an emergency medical condition. If a hospital is unable to do so within its capability, or if a person requiring care requests it, a transfer would need to be made to a hospital that can.
For example, a person with a suspected heart attack or stroke, or someone with severe bleeding has the right to immediate care at a hospital emergency room, regardless of their insurance status or ability to pay.
Right to Obtain Your Medical Records
Right to Privacy of Your Medical Records
Under HIPAA, you also have the right to privacy, meaning others cannot look at your medical records without your expressed consent.
There are exceptions, however. For instance, medical information can be passed from one physician to another if they are actively participating in your treatment. It can also be shared with insurance providers that are paying for your treatment.
Your healthcare providers may alsoshare your recordswith anyone to whom you have given permission. You can sign a form that allows specified individuals (for example, a family member) to see your medical records.
Right to Informed Consent
As a patient, you have the right toinformed consent. Informed consent means that you have been provided sufficient information about your medical diagnosis and treatment to make an informed decision about your treatment.This includes being given full information about treatment options, possible outcomes, costs, benefits, risks, and information about the doctor or hospital providing care.
For example,a surgeon should explain the risks and benefitsof a procedure, including potential complications like infection or bleeding, and present available options.
The information must be provided in a language you understand without coercion or pressure. Once you have looked at your options, you have the right to choose the treatment you want.
Informed consent must sometimes be documented, such as for clinical research or surgical procedures which confirm that you, as the patient, understand the benefits and the risks of the procedure.
Parents or legal guardians have the right to make treatment decisions for children under 18. However, in some states, dependents as young as 16 are allowed to make their own treatment decisions.
Right to Refuse Treatment
You also have the right torefuse treatment. Unless you are deemed mentally incompetent in a court of law, the right is sacrosanct (cannot be infringed upon).
There are exceptions and exclusions, including:
Examples of refusal of treatment include choosing not to take prescribed medication due to side effects or declining recommended treatment for a non-life-threatening condition (e.g., sinus infections, fractures, or flu).
Parents or legal guardianscannotrefuse treatment for a child out of religious or cultural reasons if it places the child at risk of avoidable harm. Even so, there must be a consensus between medical experts to override parental rights.
Right to Refuse to Take Part in Research
As obvious as this may seem, you cannot be compelled to take part in medical research. However, there have been occasions when university students or employees have been offered extra credit or rewards to participate in a study. These practices are known as coercion and “undue influence.”
Under the Bill of Rights of Research Participants, you cannot be forced to participate in a study or penalized if you choose not to participate. If you do enroll in a study, you also have the right to stop any time after the study begins.
Right to Continuity of Care
You should be able to expect that your healthcare provider will cooperate in coordinating medically indicated care with other healthcare professionals.
Additionally, your healthcare provider will not discontinue treating you when further treatment is medically indicated without giving you sufficient notice and reasonable assistance in making alternative care arrangements.
As an example, you should be informed about changes in your healthcare provider’s practice or availability (e.g., if your provider intends to leave a practice or switch location) so you can make an informed decision about your care options.
Right to Receive and Question Itemized Bills for Medical Services
Under HIPAA, you have the right to access your private health information, including itemized billing for medical services.There are also systems in place that allow you to dispute any charge or appeal an insurance claim that costs you more than expected.
Under the No Surprises Act that went into effect on January 1, 2022, providers are required to give you a good-faith estimate of what your cost of care will be. The Centers for Medicare and Medicaid Services (CMS) advises that you can lodge a dispute if the cost of a medical procedure is at least $400 more than the estimate.
Right to Make Decisions About End-of-Life Care
The right of informed choice extends to the decision of how you want to end your life if you receive a terminal diagnosis or have a late-stage disease like cancer.
While the vast majority of states do not allow people to end their lives, either on their own or with the aid of a physician, the Patient Self Determination Act (PDSA) of 1990 provides the right to refuse life-sustaining treatment.
This ensures that the state or family members cannot force treatment on someone who prefers a higher quality of life over a longer quantity of life. To avoid legal challenges, you can enact a living will, sign ado-not-resuscitate (DNR) order, or issue amedical power of attorneyto someone you trust.
Right to Make Decisions Regarding Organ Donation
Under the Uniform Anatomical Gift Act (UAGA) of 2006, you have the right to allow or prevent your organs from being donated if you die suddenly. The law permits organ donation without family consent if you designate yourself as a donor on a driver’s license, donor card, or donor registry.
Without these mechanisms in place, your surviving spouse or family members are allowed to make the decision on your behalf.
If you choose not to donate your organs for religious, cultural, or personal reasons, you can opt out on your driver’s license application. Otherwise, you need to advise your loved ones of your wishes and formalize them in your living will or other advanced directive.
How to Protect Your Patient Rights
While there are laws in place to protect your rights as a patient, you have responsibilities as well. Tobetter protect yourselfand ensure peace of mind, there are several things you can do:
Summary
Patients in the U.S. healthcare system have certain rights provided to them under the law. These include the right to emergency care, the right to their medical records, the right to informed consent, and the right to make decisions regarding their end-of-life or organ donation.
Some rights, while strongly enforced, have limitations. There are instances, for example, where your medical records can be shared with other physicians treating you. Similarly, while you can refuse treatment for yourself, you generally cannot do so for your child if reasonable, life-sustaining treatments are available.
14 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.Centers for Disease Control and Prevention.Health Insurance Portability and Accountability Act of 1996 (HIPAA).U.S. Office of Personnel Management.Patients' Bill of Rights.Centers for Medicare and Medicaid Services.Emergency Medical Treatment & Labor Act (EMTALA).Department of Health & Human Services.Individuals’ right under HIPAA to access their health information 45 CFR § 164.524.American Medical Association.Informed consent.Hein IM, De Vries MC, Troost PW, Meynen G, Van Goudoever JB, Lindauer RJL.Informed consent instead of assent is appropriate in children from the age of twelve: policy implications of new findings on children’s competence to consent to clinical research.BMC Medical Ethics. 2015;16(1):76. doi:10.1186/s12910-015-0067-zCornell Law School.Amdt5.4.6.10.1 right to refuse medical treatment.Katz AL, Webb SA; American Academy of Pediatrics Committee on Bioethics.Informed consent in decision-making in pediatric practice.Pediatrics. 2016;138(2):e20161485. doi:10.1542/peds.2016-1485Department of Health and Human Service.Informed consent FAQs.University of Iowa Human Studies Office.Bill of rights for research participants.Opinion 1.1.3 Patient Rights. In:AMA Code of Medical Ethics. American Medical Association; 2017.Centers for Medicare and Medicaid Services.The No Surprises Act protects people from unexpected medical bills.Library of Congress.H.R.4449 - Patient Self Determination Act of 1990.Glazier AK.Organ donation and the principles of gift law.Clin J Am Soc Nephrol.2018 Aug 7;13(8):1283–1284. doi:10.2215/CJN.03740318
14 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.Centers for Disease Control and Prevention.Health Insurance Portability and Accountability Act of 1996 (HIPAA).U.S. Office of Personnel Management.Patients' Bill of Rights.Centers for Medicare and Medicaid Services.Emergency Medical Treatment & Labor Act (EMTALA).Department of Health & Human Services.Individuals’ right under HIPAA to access their health information 45 CFR § 164.524.American Medical Association.Informed consent.Hein IM, De Vries MC, Troost PW, Meynen G, Van Goudoever JB, Lindauer RJL.Informed consent instead of assent is appropriate in children from the age of twelve: policy implications of new findings on children’s competence to consent to clinical research.BMC Medical Ethics. 2015;16(1):76. doi:10.1186/s12910-015-0067-zCornell Law School.Amdt5.4.6.10.1 right to refuse medical treatment.Katz AL, Webb SA; American Academy of Pediatrics Committee on Bioethics.Informed consent in decision-making in pediatric practice.Pediatrics. 2016;138(2):e20161485. doi:10.1542/peds.2016-1485Department of Health and Human Service.Informed consent FAQs.University of Iowa Human Studies Office.Bill of rights for research participants.Opinion 1.1.3 Patient Rights. In:AMA Code of Medical Ethics. American Medical Association; 2017.Centers for Medicare and Medicaid Services.The No Surprises Act protects people from unexpected medical bills.Library of Congress.H.R.4449 - Patient Self Determination Act of 1990.Glazier AK.Organ donation and the principles of gift law.Clin J Am Soc Nephrol.2018 Aug 7;13(8):1283–1284. doi:10.2215/CJN.03740318
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.
Centers for Disease Control and Prevention.Health Insurance Portability and Accountability Act of 1996 (HIPAA).U.S. Office of Personnel Management.Patients' Bill of Rights.Centers for Medicare and Medicaid Services.Emergency Medical Treatment & Labor Act (EMTALA).Department of Health & Human Services.Individuals’ right under HIPAA to access their health information 45 CFR § 164.524.American Medical Association.Informed consent.Hein IM, De Vries MC, Troost PW, Meynen G, Van Goudoever JB, Lindauer RJL.Informed consent instead of assent is appropriate in children from the age of twelve: policy implications of new findings on children’s competence to consent to clinical research.BMC Medical Ethics. 2015;16(1):76. doi:10.1186/s12910-015-0067-zCornell Law School.Amdt5.4.6.10.1 right to refuse medical treatment.Katz AL, Webb SA; American Academy of Pediatrics Committee on Bioethics.Informed consent in decision-making in pediatric practice.Pediatrics. 2016;138(2):e20161485. doi:10.1542/peds.2016-1485Department of Health and Human Service.Informed consent FAQs.University of Iowa Human Studies Office.Bill of rights for research participants.Opinion 1.1.3 Patient Rights. In:AMA Code of Medical Ethics. American Medical Association; 2017.Centers for Medicare and Medicaid Services.The No Surprises Act protects people from unexpected medical bills.Library of Congress.H.R.4449 - Patient Self Determination Act of 1990.Glazier AK.Organ donation and the principles of gift law.Clin J Am Soc Nephrol.2018 Aug 7;13(8):1283–1284. doi:10.2215/CJN.03740318
Centers for Disease Control and Prevention.Health Insurance Portability and Accountability Act of 1996 (HIPAA).
U.S. Office of Personnel Management.Patients' Bill of Rights.
Centers for Medicare and Medicaid Services.Emergency Medical Treatment & Labor Act (EMTALA).
Department of Health & Human Services.Individuals’ right under HIPAA to access their health information 45 CFR § 164.524.
American Medical Association.Informed consent.
Hein IM, De Vries MC, Troost PW, Meynen G, Van Goudoever JB, Lindauer RJL.Informed consent instead of assent is appropriate in children from the age of twelve: policy implications of new findings on children’s competence to consent to clinical research.BMC Medical Ethics. 2015;16(1):76. doi:10.1186/s12910-015-0067-z
Cornell Law School.Amdt5.4.6.10.1 right to refuse medical treatment.
Katz AL, Webb SA; American Academy of Pediatrics Committee on Bioethics.Informed consent in decision-making in pediatric practice.Pediatrics. 2016;138(2):e20161485. doi:10.1542/peds.2016-1485
Department of Health and Human Service.Informed consent FAQs.
University of Iowa Human Studies Office.Bill of rights for research participants.
Opinion 1.1.3 Patient Rights. In:AMA Code of Medical Ethics. American Medical Association; 2017.
Centers for Medicare and Medicaid Services.The No Surprises Act protects people from unexpected medical bills.
Library of Congress.H.R.4449 - Patient Self Determination Act of 1990.
Glazier AK.Organ donation and the principles of gift law.Clin J Am Soc Nephrol.2018 Aug 7;13(8):1283–1284. doi:10.2215/CJN.03740318
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