LEGALITIES IN HEALTH CARE

First adopted by the American Hospital Association in 1973 Revised in 1992

PATIENTS’ BILL OF RIGHTS

1. Receive considerate and respectful care 2. Receive complete current information concerning his/her

diagnosis, treatment, and prognosis. 3. Receive information necessary to give informed consent

prior to the start of any procedure and/or treatment. 4. Refuse treatment to the extent permitted by law. 5. Receive every consideration of his or her privacy.

HIPAA (Health Insurance Portability and Accountability Act) 6. Be assured of confi dentiality. 7. Obtain reasonable responses to requests for services. 8. Obtain information about his or her health care. 9. Know whether treatment is experimental. 10. Expect reasonable continuity of care. 11. Examine his/her bill and have it explained. 12. Know which hospital rules and regulations apply to

patient conduct.

RIGHTS—IN SUMMARY

Informed Consent: a legal condition in which a person agrees to terms after he or she understands all the facts and implications of an event or action

To follow any instructions given by the physician and to cooperate as much as possible.

To give all relevant information to the physician in order to reach a correct diagnosis If an incorrect diagnosis is made because the patient fails

to give the physician proper information, the physician may not be liable.

To follow the physician’s orders for treatment, provided the treatment meets the accepted standard of care. If patient willfully or negligently fails to follow the

physician’s instructions, that patient may have little legal recourse.

To pay fees charged for services rendered.

PATIENT RESPONSIBILITIES

HIPAA Health Insurance Portability and Accountability Act Law regulating the sharing of medical information

Information in medical records Conversations between health providers about patient care of

treatment Health insurance information Patient billing information Most other information about patient health

However, there are exceptions Suspected fraud, births, deaths, injuries caused by violence Drug abuse, communicable disease, and STDs

LEGISLATION

Advanced Directives A legal contract designed o help patients communicate

their wishes about medical treatment at a time in which illness/injury makes them unable to make their wishes known

Two types Living Wills Healthcare Durable Power of Attorney

LEGISLATION

Legal document prepared by a patient Instruction about the health care to be provided if the

patient becomes terminally ill or falls into a permanent coma or vegetative state

Specifies life support Feeding tubes IV hydration Resuscitation

LIVING WILLS

A patient can legally appoint a health care professional, family member, or friend to make health care decisions on behalf of the patient Goes into effect when the patient can no longer think

clearly or communicatePatient regains the right to make health care

decisions when they are able to communicate

POWER OF ATTORNEY

Guaranteed rights under Omnibus Budget Reconciliation Act (OBRA) of 1987 Rights must be posted and visible in all long-term care

facilities

LONG-TERM CARE BILL OF RIGHTS

PARAPHRASE the following: Free choice regarding physician, treatment, care, and

participation in research Freedom from abuse and chemical/physical restraints Privacy and confidentiality Accommodation of needs and choice regarding activities,

schedules, and health care Voice grievances without fear of retaliation or discrimination Organize and participate in family/resident groups and in

social/religious/community activities Information on medical benefits, records, survey results and

deficiencies of the facility and advocacy groups who check on resident care and violation of rights

Manage personal funds and use personal possessions Unlimited access to immediate family or relatives

LTCBOR

COMPARE AND CONTRAST

What do you notice about the diff erence between the two Bills of Rights

Why do you think the LTRBoR specifies rights about belongings and family members, while this is omitted from the PBoR? Aren’t residents patients as well?

POST-COMPARISON QUESTIONS