Article: 5/1/2004
California Patient Rights Summary

The following is a summary of patient rights and remedies as set forth in "The California Patient's Guide."  To view the entire guide, please visit www.calpatientguide.org.

"Your Rights to Continuous Care, Second Opinions, Referrals and Information" (Chapter I)

  • You have the right to receive continuous care from your doctor and HMO and to be referred to other health care providers when necessary.
  • You have the right to receive a second opinion when you or your doctor request one.
  • You have the right to receive an authorization from your health plan for referral to a specialist within 3 days.
  • You have the right to have your doctor freely discuss your medical treatment options and care with you, without interference or restrictions by your health plan.

"Your Right to Informed Consent"  (Chapter II)

  • You have the right to know all risks, benefits and treatment alternatives before consenting to any treatment.
  • You have the right to refuse treatment by withholding your consent.

"Your Rights Medical Records and Confidentiality" (Chapter III)

  • You have the right to obtain complete information about your medical condition and care.
  • You have the right to inspect your medical records within 5 days of making a written request.
  • You have the right to have your medical records kept confidential unless you provide written consent, except in limited circumstances.
  • You have the right to sue any person who unlawfully releases your medical information without your consent.

"Your Right to Emergency Medical Care" (Chapter IV)

  • You have the right to receive emergency care at any licensed facility with an emergency room.
  • When you go to a hospital emergency room, you have the right to be treated until your emergency medical condition is stabilized.
  • You have the right to be informed by the hospital of your right to receive emergency services, without regard to your abiliyt to pay, prior to transferring or discharging you.
  • You have a right not to be transferred from an emergency care facility against your will.

"Your Rights to Coverage of Preexisting Conditions" (Chapter V)

  • You have the right not to be denied coverage on the basis of your health status, medical condition or history, genetic information, disability or insurability.
  • You have the right to receive coverage for pre-existing conditions in most cases within 12 months (or, in some instances, 6 months) of enrolling in a health care plan.
  • You have the right to be credited for time enrolled in a previous plan against any preexisting condition waiting period.

"Your Rights to File Grievances with your Health Plan and the Department of Managed Health Care" (Chapter VI)

  • You have the right to file a grievance with your health plan for any plan that you believe has adversely affected your health care.
  • You have the right to have your grievance resovled by your plan within 30 days, when possible.
  • You have the right to submit your grievance to the Department of Managed Health Care (DMHC), after participating in your plan's grievance process for 30 days.
  • You have the right to have DMHC resolve your grievance within 30 days.

"Your Rights to Have your HMO's Decisions Independently Reviewed and to Sue Your HMO" (Chapter VII)

  • You have a right to have denials of treatment by your health plan or physicians' group reviewed by an external, indpendent medical review organization.
  • You have the right to sue your health plan in some circumstances -- when a health plan interferes with the quality of care you receive and you are injured by the delay or refusal of the health plan to provide the care.

 





Return to Top


   
What is Medmal? | News & Articles | Consumer Info
Contact Us | Links | Disclaimer | SiteMap
Copyright © 2010, The Law Offices of Robert Vaage - All Rights Reserved.
Website Design and Hosting by: Huston Designs