Expressing the sense of the Congress that a patient has certain rights regarding medical care that should be protected by law.

Expresses the sense of the Congress that the law should protect a patient's right to receive disclosure from providers, choose providers, receive disclosure from health plans, have access to medical records and limit the access of others to those records, choose courses of treatment, refuse interference from third party payers, and contract with providers.

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 214 Introduced in House (IH)]







104th CONGRESS
  2d Session
H. CON. RES. 214

Expressing the sense of the Congress that a patient has certain rights 
        regarding medical care that should be protected by law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 1996

Mrs. Smith of Washington submitted the following concurrent resolution; 
            which was referred to the Committee on Commerce

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Expressing the sense of the Congress that a patient has certain rights 
        regarding medical care that should be protected by law.

Whereas a patient has the right to have access to all information relevant to 
        the care or course of treatment to make an appropriate health care 
        decision;
Whereas certain health plans contain contractual clauses that prevent a health 
        care provider from providing all the information relevant to the care or 
        course of treatment available to a patient, and such clauses interfere 
        with a patient's ability to make an appropriate health care decision;
Whereas a patient has the right to seek care from the health care provider of 
        the patient's choice;
Whereas a patient has the right to know all the benefits (including services, 
        terms, and costs) and patient rights and responsibilities under a health 
        plan, but certain health plans do not explain in plain English all those 
        benefits and patient rights and responsibilities under the plan;
Whereas a patient has the right to have access to the patient's medical records 
        as well as the right to control access to such records;
Whereas a patient has the right to choose a course of treatment even if it is 
        not a course of treatment recommended by the patient's health care 
        provider;
Whereas a patient has the right to medical care free from interference from a 
        third party payer (such as an insurer) and the right to make appropriate 
        health care decisions without fear of reprisal from a third party 
        against the patient or the health care provider;
Whereas a patient has the right to contract with a health care provider on 
        mutually agreeable terms, including the option to use a patient's own 
        resources to purchase the desired care or course of treatment;
Whereas while the number of managed care health plans has increased, patients 
        have experienced a corresponding erosion of these rights; and
Whereas knowledge of these rights and greater information about health plans 
        empowers patients: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that the law should protect a 
patient's right to--
            (1) receive full disclosure from the patient's health care 
        provider of information relevant to the patient's care or 
        course of treatment, including the risks and benefits of 
        treatment and appropriate alternatives;
            (2) seek care from the health care provider of the 
        patient's choice;
            (3) receive full disclosure in plain English of the terms 
        of a health plan before signing up for the plan, including a 
        copy of the contract, benefits (including services, terms, and 
        costs) and patient rights and responsibilities under a health 
        plan, approval procedures for services, a roster and 
        qualification of participating providers, referral procedures, 
        financial incentives offered to providers for restricting care, 
        and procedures for appeal of denials of claims;
            (4) have access to the patient's medical records, and to 
        limit access of such records to the patient, to those directly 
        involved with the patient's care, and to others designated by 
        the patient;
            (5) choose a course of treatment even if such treatment is 
        not recommended by the health care provider;
            (6) refuse interference from a third party payer (such as 
        an insurer) in the patient's medical care, and to be confident 
        that a decision to seek or decline care will not result in 
        penalties imposed by the third party payer on the patient or 
        the health care provider; and
            (7) contract with a health care provider on mutually 
        agreeable terms, including the option to use the patient's own 
        resources to purchase the desired care.
                                 <all>