• Receive access to equal medical treatment and accommodations regardless of race, creed, sex, national origin, religion or sources of payment for care.
• Be fully informed and have complete information, to the extent known by the physician, regarding diagnosis, treatment, procedure and prognosis, as well as the risks and side effects associated with treatment and procedure prior to the procedure.
• Exercise his or her rights without being subjected to discrimination or reprisal.
• Voice grievances regarding treatment or care that is (or fails to be) furnished.
• Personal privacy.
• Receive care in a safe setting.
• Be free from all forms of abuse or harassment.
• Receive the care necessary to regain or maintain his or her maximum state of health and if necessary, cope with death.
• Receive notice of their rights prior to the surgical procedure in verbal and written notice in a language and manner that ensures the patient, or the patient’s representative, or the patient’s surrogate understand all of the patient’s rights.
• Expect personnel who care for the patient to be friendly, considerate, respectful, and qualified through education and experience, as well as perform the services for which they are responsible with the highest quality of services.
• Be fully informed of the scope of services available at the facility, provisions for after-hours care and related fees for services rendered.
• Be a participant in decisions regarding the intensity and scope of treatment. If the patient is unable to participate in those decisions, the patient’s rights shall be exercised by the patient’s designated representative or patient’s surrogate other legally designated person.
• Make informed decisions regarding his or her care.
• Refuse treatment to the extent permitted by law and be informed of the medical consequences of such refusal. The patient accepts responsibility for his or her actions including refusal of treatment or not following the instructions of the physician or facility.
• Approve or refuse the release of medical records to any individual outside the facility, or as required by law or third party payment contract.
• Be informed of any human experimentation or other research/educational projects affecting his or her care of treatment and can refuse participation in such experimentation or research without compromise to the patient’s usual care.
• Express grievances/complaints and suggestions at any time.
• Access to and/or copies of his/her medical records.
• Be informed as to the facility’s policy regarding advance directives/living wills.
• Be fully informed before any transfer to another facility or organization and ensure the receiving facility has accepted the patient transfer.
• Express those spiritual beliefs and cultural practices that do not harm or interfere with the planned course of medical therapy for the patient.
• Expect the facility to agree to comply with Federal Civil Rights Laws that assure it will provide interpretation for individuals who are not proficient in English.
• Have an assessment and regular assessment of pain.
• Education of patients and families, when appropriate, regarding their roles in managing pain.
• To change providers if other qualified providers are available.
• If a patient is adjudged incompetent under applicable state health and safety laws by a court of proper jurisdiction, the rights of the patient are exercised by the person appointed under State law to act on the patient’s behalf.
• If a state court has not adjudged a patient incompetent, any legal representative designated by the patient in accordance with state laws may exercise the patient’s rights to the extent allowed by state law.
Greater individual involvement by patients in their care increases the likelihood of achieving the best outcome. Among other acts, patients should:
Yes, as long as your physician is discussing only the information needed to accomplish a legitimate function (like treatment or payment for your treatment). This is called the “minimum necessary” standard under the Privacy Rule.
Yes, unless you object to having the office contact you at your home, such as with appointment reminders, your physician will continue to leave message reminders and communications with you as necessary to provide quality service.
Yes, your physician may still have you sign your name at the time of registration or announce your name in order to call you to an exam room.
Yes, your physician may fax your health information as long as reasonable safeguards are used.
Yes, everyone working in the office must follow these rules.
Yes, HIPAA allows your physician to disclose your health information to family members and friends involved in your care as long as you do not object to the disclosure.
Parents of children 17 years and under generally have access to their child’s health information. However, HIPAA usually defers to state law in recognizing certain confidential relationships.
Yes, HIPAA does not prohibit the physician from accessing your health information to prepare the process for seeing you for the first time.
No. Under HIPAA, collection activities are considered legitimate payment functions, and disclosures of “minimum necessary” data to collection or credit agencies to receive payment are possible.
HIPAA prohibits the selling or disclosing of your private health information.