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Advance Directives and Client Rights

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Presentation on theme: "Advance Directives and Client Rights"— Presentation transcript:

1 Advance Directives and Client Rights
Lesson 2: Client Rights

2 Lesson 2–Human and Civil and Client Rights
Human rights are the basic, fundamental rights that belong to all people. Civil rights are the privileges and protections given to all U.S. citizens by Constitutional, federal, state, and local law. Client rights are the rights that people are entitled to when they are in a relationship with a professional. Human, Civil, and Client Rights Human rights are the basic, fundamental rights that belong to all people. They include the rights to freedom, equality, justice, and peace. Civil rights are the privileges and protections given to all U.S. citizens by Constitutional, federal, state, and local law. They include the rights to freedom of speech and the press, of assembly, of petition, to free exercise of religion, to due process of law, to equal protection of the law, and to vote. These also include protection against unreasonable searches, arrests, and seizures of property; against cruel and unusual punishment; and against slavery. Client rights are the rights that people are entitled to when they are in a relationship with a professional, such as an attorney or physician. As clients, patients have specific rights.

3 Lesson 2– The Patient’s Bill of Rights
List of rights that are honored by health care providers. All states have adopted versions of this bill and health care workers must comply. The Patient’s Bill of Rights The Patient's Bill of Rights lists patients' rights that are honored by health care providers. The Patient's Bill of Rights states that patients have a right to: Information disclosure Choose providers Emergency services Make health care decisions Respectful treatment Privacy Make a grievance All states have adopted a version of the Patient's Bill of Rights that health care providers are required to follow. Health care workers must comply with the laws in their state.

4 Lesson 2– Right to Information Disclosure
Providers must: Give accurate, understandable information Identify themselves The Right to Information Disclosure The Right to Information Disclosure refers to the responsibility of health care providers to give accurate information about themselves to patients. For example, a hospital must reveal that it has a relationship with a research institution. In addition, the information that health care providers give must be understandable. For example, Olga had a question about her health plan benefits, so she called the customer care number. Because she doesn't speak English, she was transferred to a representative who speaks her language. Furthermore, when providing care, health care professionals must identify themselves. This includes telling patients their name and position. Patients can refuse the care of any health care professional.

5 Lesson 2– Right to Choose Providers
Patients can: Choose providers Have access to specialists. The Right to Choose Providers The Right to Choose Providers means that patients are able to choose their health care providers. Just as important, though, patients must be able to choose providers who are able to provide high-quality care. In other words, patients with serious medical conditions must have access to specialists. For example, Traci was seeing her primary care physician for back pain. When her primary care physician was unable to treat the pain, Traci made an appointment with a neurologist.

6 Lesson 2– Right to Emergency Services
Patients can: Receive emergency care anywhere Includes out-of- network services The Right to Emergency Services The Right to Emergency Services gives patients the right to receive emergency care anywhere. This means that patients can go to an emergency room outside of their health care plan's network without having to get authorization or pay additional costs. For example, the Lehr family was on vacation in another state. When their toddler Danny became ill, they took him to the local emergency room. They had to pay the same amount as if they had taken Danny to the emergency room where they live.

7 Lesson 2– Right to Make Decisions
Providers must: Inform patients Answer questions Patients can: Make the decisions Select advance directives Donate body The Right to Make Health Care Decisions The Right to Make Health Care Decisions refers to the partnership between patients and their health care providers. Patients have the right to make decisions regarding their health care. In order to make these decisions, though, they must be informed. As a result, physicians must give patients correct, complete, and understandable information concerning their diagnosis, treatments, and prognosis. And, they must answer any questions patients may have. After patients have been given information, they are able to make educated decisions. In addition, patient's have a right to have advance directives, such as a living will and durable power of attorney for health care. Patients also have the right to donate their body or parts of their body after death for transplantation and medical research.

8 Lesson 2– Right to Respect
Providers must: Be considerate Treat with dignity Never discriminate Never abuse The Right to Respect The Right to Respect means patients must receive considerate care and be treated with dignity. They should never be discriminated against based on race, color, religion, sex, nationality, disabilities, age, or socio-economic status. Nor should they ever be abused, including being unnecessarily restrained.

9 Lesson 2– Right to Privacy
Providers must: Keep information confidential Not disclose without permission Patients can: Review records Obtain copy of records The Right to Privacy The Right to Privacy ensures that patients' medical information is confidential. Specifically, consultations, examinations, and treatments are to be performed so others cannot overhear or observe. And, health care providers cannot disclose privileged communication, including medical records, bills, and health insurance information, without patients' permission. In addition, patients have the right to review their medical records and have them explained. They also have the right to obtain a copy of their records.

10 Lesson 2– Right to Make a Grievance
Patients can: Make a complaint Providers must: Respond objectively and promptly Inform of grievance process The Right to Make a Grievance The Right to Make a Grievance gives patients the right to make a complaint about their health care. For example, Jenn delivered her baby at 12:25 AM. After settling into her room, she was very hungry, but the hospital cafeteria was closed. Jenn made a complaint that she wasn't given any food until 7:00 AM. Another example is Mr. Ruiz. Mr. Ruiz's physician recommended a test to diagnose Mr. Ruiz's heart problem. The test, though, is not covered by Mr. Ruiz's health plan. Mr. Ruiz made an appeal that his health insurer cover the test. The Right to Make a Grievance also ensures that health care providers respond to patients' grievances in an objective and prompt manner. In addition, providers must inform patients of resources that are available to help them make grievances.

11 Lesson 2– Patient Responsibilities
In addition to patient rights, patients also have responsibilities. These responsibilities include: Giving complete and truthful information to physicians Asking for information about health care Informing physicians of advance directives Following the physicians’ instructions Respecting health care workers Patients’ Responsibilities In addition to patient rights, patients also have responsibilities. For example, they have the following duties: To give complete and truthful information to their physicians in order to reach a correct diagnosis and the best treatment To ask for any information needed to make decisions regarding their health care To inform their physicians of any advance directives To communicate acceptance of a treatment recommended by their physicians To follow their physicians’ instructions regarding agreed upon treatment To cooperate with health care workers To respect the rights of health care workers, other facility personnel, other patients, and visitors To conduct themselves within the health care facility’s rules To pay the charges for all services provided either through their health insurer or themselves

12 Lesson 2– The Resident’s Bill of Rights
The Omnibus Budget Reconciliation Act (OBRA) of 1987 includes many regulations regarding long-term health care. In addition to patients’ rights, residents in long- term health care facilities have additional rights. The Residents' Bill of Rights The Omnibus Budget Reconciliation Act (OBRA) of 1987 includes many regulations regarding long-term health care. As a result, in addition to patients' rights, residents in long-term health care facilities have additional rights. These rights are referred to as the Residents' Bill of Rights. It states that residents have the following rights: To be properly sheltered, fed, clothed, groomed, and cared for To live in a safe and clean environment To have and use personal possessions in keeping with safety requirements and other residents' rights To share a room with their spouse, if both are residents To consult with other residents in private and without interference To use a telephone in private and to be able to send and receive mail To have access to immediate family To refuse and receive visitors of their choice and to consult in private and without interference To manage their own personal finances or to authorize the facility to manage their affairs for them while being able to examine their account at any time To pursue social, cultural, religious, political, and community interests and activities To choose their own physicians and pharmacies


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