Your Health Care Rights

Today I want to share with you your rights as a patient. Yes, you do have rights even though it may seem you may not. When you sit in a doctors’ office as a patient undressed in a paper robe, it feels very demoralizing when the doctor comes in fully dressed. It seems like an unbalanced relationship of power. But in reality, you have a lot of POWER. Let’s review it now.

1. You are entitled to make voluntary decisions about your health, your treatment and whether you want the treatment at all. This is called informed consent. As long as you are cognizant and competent, you can make your own choices about your health. This is true in a Hospital, Nursing Home, if you are receiving Palliative Care or Home Health Care.

2. You have the right to keep your health information private. Every time you visit a doctor for the first time, you are given a HIPAA form (Health Insurance and Portability and Accountability Act) detailing how the office is keeping your health care information private. When you visit a pharmacy, you need to stand far back so that the people in front of you can transact business without others hearing what medicines they are picking up. This law requires insurance companies, hospitals, physician offices, pharmacies, and other health entities to establish the privacy rule, security rule, the transaction and code set rule and unique identifier rule to their patients or clients health information. Additionally, the law permits you to receive your health record if you request it without any problems.

3. When you are competent, this is when you have the power to establish under what circumstances you would want treatment if you were deemed incompetent. The law governing this is called The Self Determination Act and it urges you to establish:

a. A Power of Attorney for Health Care -this is a person you select who will make your health care decisions for you if you become incompetent. You need a financial planner/lawyer to establish this.

b. A Living Will which details under which circumstances you would or would not want care. A financial planner/lawyer would help establish this too.

And together, these two elements comprise an Advanced Directive that can be executed if you become incompetent.

4. You also have a right to file a complaint with your insurer and/or the health insurance department within your state. Under the McCarran Fergusson Act of 1935, you have this authority. The Department of Insurance within your state will investigate your complaint and get back to you on the outcome.

You also have the right to hire a Health Advocate who can take on your health care challenges and resolve them adequately. If you need a health care bill negotiated, an insurance denial approved, or you need to find a new physician, nursing home or other health care provider, Health Advocate Experts can help.

Please send us an email at info@healthadvocateexperts.com and we will respond.

In the meantime, please stay healthy and get vaccinated!!!!