Which patient's rights are currently provided in the sanction of law? Explain ( AHA Patient's Bill of rights)
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Q1: Which patient's rights are currently provided in the sanction of law? Explain (AHA Patient's Bill of rights)
The AHA Patient Bill of Rights (1993) has actually been changed: "Replacing the AHA's Patients' Bill of Rights, this plain language brochure informs patients about what they should expect during their hospital stay with regard to their rights and responsibilities"
http://www.aha.org/aha/ptcommunication/content/pcp_english_030730.pdf. As far as I know, the AHA Patients Bill of Rights are not sanctioned in law, they are ethical standards, but not law. The AHA says this: "Health care institutions, by virtue of their roles as health care providers, employers, and community health resources, have special responsibilities for ethical conduct and ethical practices that go beyond meeting minimum legal and regulatory standards. Their broad range of patient care, education, public health, social service, and business functions is essential to the health and well being of their communities. These roles and functions demand that health care organizations conduct themselves in an ethical manner that emphasizes a basic community service orientation and justifies the public trust. The health care institution's mission and values should be embodied in all its programs, services, and activities."
So although the patient can sue for malpractice, it will be based on laws related to the ethical principles, but not the Ethical Principles themselves. For example, if a patient feels that they were treated differently because of race, they would file a discrimination suit, which is legally sanctioned under other legal legislature. It seems quite complicated, but it is important to recognize the difference between ethics and the law.
Ethical complaints (i.e., the nurse did not treat me with respect) goes before a hospital disciplinary panel, but not before the legal courts.
However, let's look at New York's Patient Bill of Rights, which says: "As a patient in the state of New York, you have the right, as consistent with the law" but not sanctioned by the law- and goes on to list 19 principles (see http://www.health.state.ny.us/nysdoh/consumer/patient/docs/english.pdf).
See http://www.mdch.state.mi.us/hlpd/pbr/index2.htm also.
The link between Patient Bill of Rights and HMO There are two versions of the Patients' Bill of Rights--one passed on July 15, 1999, by the Senate 1 and another passed by the House on October 7, 1999. 2 Supporters of the House version say its provisions are necessary to enable Americans enrolled in health maintenance organizations (HMOs) to sue their plans if they are denied promised benefits. But federal legislation is not needed for that purpose. HMOs and similar plans already can be sued in a variety of ways. However, this is completely separate from the AHA Patient Bill of Rights, which I mentioned above is no longer used, but instead in its place is the brochure attached. If you are interested I added below some information on HMOs, if not ignore. Ethical standards are different than law. They are minimal guidelines of ethical conduct, but not absolute or legally sanctioned. I hope this helps and take care.
Managed Care: What You Should Know
If you receive your health care benefits through a managed care plan such as an HMO (Health Maintenance Organization) or PPO (Preferred Provider Organization) - commonly referred to as MCOs (Managed Care ...
This solution explains which patient's rights are currently provided in the sanction of law. AHA Patient's Bill of rights provided as well as sources are cited.