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The Healthcare Rights American Patients are Missing

By , About.com Guide

Updated December 28, 2007

You may be surprised to learn that some of the healthcare rights you thought you were entitled to don't really exist. Some have sparked controversy as patients have become more empowered. Others stem from ethical questions that may never be resolved. An empowered patient is aware of her status and may find it easier to work with her providers.

  • The Right to Receive Healthcare

    In the United States today, there is no intrinsic right to receive healthcare services. There is no law, nor government program that guarantees everyone the right to healthcare. There are some entitlement programs (such as Medicare or Medicaid) that assist certain populations, but not all Americans are eligible for these programs. A patient's ability to pay for healthcare is always at the core of who benefits, and who does not.

    There are some hospitals, usually public, that are not allowed to turn away an emergency patient who has no proof of insurance, but that is not the same as claiming a "right" to receive healthcare services.

  • The Right to Keep Medical Records Private

    While HIPAA laws are intended to keep our medical records private, they do not give us the right to make all decisions about who may, or may not, see our records.

    Both of these "missing" rights are changeable by legislation. Privacy laws do change, and are particularly affected by advancing technology that creates, files and disseminates electronic medical records.

    The right to receive healthcare services in the United States is at the forefront of discussions about universal healthcare, also called socialized medicine.

    Any discussions of patients' rights, responsibilities, and even those rights that do not truly exist continue to evolve.

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