General Health Law
What is health law?
Health law refers to laws and statues that govern health care delivery, medical practices, and patient rights.
Purpose of health law
To protect the rights of patients, assure quality health care, regulate physicians, and direct public health agencies.
Enforcement of health law
Agencies include the U.S. Department of Health and Human Services, Centers for Medicare & Medicaid Services, and state health departments.
What are the legal obligations of healthcare providers?
Providers must ensure patient confidentiality, provide competent care, and follow medical standards and regulations.
Patient Rights
Also read:
- https://truelegalexpert.com/25-frequently-asked-questions-about-health-law-for-professionals/
- https://truelegalexpert.com/30-key-health-law-faqs-on-medical-ethics-and-regulations/
- https://truelegalexpert.com/40-comprehensive-health-law-questions-answered-for-everyone/
What is the right to informed consent?
Patients have the right to receive clear information about treatments and procedures and to agree or refuse them voluntarily.
What is the right to access medical records?
Under the Health Insurance Portability and Accountability Act (HIPAA), for example, patients have the right to inspect and obtain copies of their medical records.
What is the right to confidentiality?
Confidentiality refers to the protection of patient information by healthcare providers, disclosing only with consent or as required by law.
What are patients’ rights in choosing healthcare providers?
Patients have the right to choose or change providers within the limits of their insurance plans or care settings.
Healthcare Access
What is the Affordable Care Act?
A U.S. law intended to expand coverage, eliminate insurance discrimination, and lower costs.
What rights does the ACA grant to patients?
Protection from exclusion based on pre-existing conditions; access to certain health benefits, such as pediatric dental and vision care; no lifetime limits on insurance coverage.
Can patients decline treatment?
Yes, competent adults can refuse life-saving treatment and other procedures for reasons of personal conscience or preference.
What is the right to emergency care?
Under the Emergency Medical Treatment and Labor Act, EMTALA, every patient has a right to get emergency care no matter the situation.
Medical Ethics and Liability
What is malpractice?
Negligence from a health provider which results in harming a patient.
What rights does a patient have in cases of malpractice?
A patient has the right to file for damages in a court of law when they are hurt by negligence or below par services.
What are advance directives?
Legal documents stating a patient’s intentions regarding their care if they become incapable of making decisions.
What is the legal role of a healthcare proxy?
A proxy is an individual appointed to make decisions on behalf of a patient incapable of making decisions on their own.
Special Patient Protections
What is HIPAA?
HIPAA is a law protecting the privacy of patient information and securing data.
What are patients’ rights in clinical trials?
Informed consent is to be given by the participants, withdrawal is permitted at any time, and there should be respect for ethics based on the Declaration of Helsinki.
What rights does a patient with disabilities have? There is non-discrimination and equal access under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
What rights do patients have in palliative and end-of-life care? Right to pain management, hospice services, and the right to refuse life-sustaining treatment.
These FAQs give you a general overview of health law and patient rights. If you have questions on any of these, feel free to ask!