Know Your Rights
You have rights as a health care consumer that are protected by law. Knowing them can help empower you to get the care you need. Wilkes Literacy has compiled a list of rights and basic info about them to help you be an informed patient and caregiver. These laws vary by state, so be sure to consult with your local Department of Health. This list is not meant to take the place of legal advice. If you feel your rights have been violated, please consult an attorney.
Privacy
You have a right to privacy over your own health records, and can limit who looks at them or receives them. These rights are protected under the Health Insurance Portability and Accountability Act, created in 1996, commonly known as “HIPAA.”
It’s important you know about and exercise this right so you feel comfortable giving your care provider accurate and complete information. Your doctor needs you to be honest and open about your health to make a correct diagnosis.
Access to Your Medical Records
You have a right to receive information prior to agreeing to a medical procedure. see your medical records, and to request copies in a timely manner. This law can vary by state so be sure to check the laws with your Department of Health. In North Carolina, you have the right to:
• See and get a copy of your medical record. Your health care provider usually must let you see your medical record or give you a copy of it within 30 days after they receive your request. In most cases, your health care provider is allowed to charge you a reasonable, cost-based fee for copying your record. Your provider can also charge you the actual cost for postage if you have the copy mailed to you.
• Correct your medical record by having information added to it. You have the right to have information added to your medical record to make it more complete or accurate. This right is called the right to amend your record.
• File a complaint. You have the right to file a complaint with your health care provider or the Office for Civil Rights, U.S. Department of Health and Human Services if you believe your provider has violated your right to see, get a copy of, or amend your medical record. You can also file a complaint with the state agency that regulates your health care provider.
Informed Consent
You have a right to be informed about your medical condition and possible treatments before consenting to care. These laws vary from state to state, some require only “reasonable” information and others “complete” information. Check with your state’s Department of Health to see what is required where you live. No matter what, you should always know the risks and benefits of any treatment option before you and what other options are available to you. NC’s laws regarding informed consent can be found by clicking this link.
Emergency Care
Emergency Medical Treatment & Labor Act (EMTALA) is a Federal law that says that you can receive emergency care even if you can’t pay for it at hospitals or health systems that receive federal money, which is any public hospital and many private hospitals.
Care That’s Fair
Federal law protects patients from being discriminated against for their gender, race or national origin. In addition, beginning in 2014 under the new health care reform law insurers may not deny you coverage if you are already sick or have a health issue.
An Interpreter
Under the Americans with Disabilities Act (ADA), “hospitals must provide effective means of communication for patients, family members, and hospital visitors who are deaf or hard of hearing” such as a sign language interpreter. If you do not speak or read English, you may also have a right to having an interpreter at a hospital.
Refusal of Medical Care
Patients have the right to refuse medical treatment. North Carolina’s Patient Bill of Rights can be found by clicking on this link.
Resources
The following resources can provide more information:
The Privacy Rule “gives you rights over your health information and sets rules and limits on who can look at and receive your health information” http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html ,and access to your medical records http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/medicalrecords.html .
The Security Rule protects electronic health information http://www.hhs.gov/ocr/privacy/hipaa/administrative/securityrule/index.html .
Understanding Health Information Privacy: http://www.hhs.gov/ocr/privacy/hipaa/understanding/
Civil Rights Special Topics (including Health Disparities, HIV/AIDS, Effective Communication in Hospitals, et al.): http://www.hhs.gov/ocr/civilrights/resources/specialtopics/index.html
Know Your Rights Video from U.S. Health & Human Services Office of Civil Rights: http://www.youtube.com/watch?v=FKTHncn-5Vs
Rights Overview from U.S. Health & Human Services Office of Civil Rights [PDF]: http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/consumer_summary.pdf
For Information About How to File a Complaint, Go To: http://www.hhs.gov/ocr/office/file/index.html – or – American Civil Liberties Union (ACLU): http://www.aclu.org/contact-us