Texas Patient Bill of Rights

Health care today is often a contentious subject given concerns for privacy, equity in treatment, insurance coverage and quality of care. The health care reform legislation signed into law in March 2010 is the culmination of several months of consideration, and finally many long days and nights in the U.S. House and U.S. Senate chambers. That alone is proof that health care is one of the most serious topics facing Americans. To add to the challenges posed by health care reform on a national level, we have states' control of health care to consider as well. Texas is one state that has taken a strong stance in the health care debate, which became fodder for speeches in the 2000 presidential campaign.

States' Role in Protecting Patient Rights

• All U.S. states promulgate what is called a "patient bill of rights" which delineates patients' expectations related to quality of care and privacy, and individual health care providers' responsibilities. The Texas Patient Bill of Rights is no exception--it contains the patients' basic personal rights, patient care and treatment, confidentiality and privacy, and access to competent care. Texas' patient bill of rights is one of the most comprehensive of all in protecting its citizen rights in medical care as well as mental health care. In addition, the Texas patient bill of rights extends protection to those who are refused treatment by health maintenance organizations (HMOs). Texas gives patients the right to sue HMOs for failure to provide medical or mental health care.

Basic Personal Rights

• All Texas citizens receiving medical and mental health care are entitled to basic rights concerning personal respect, dignity and equitable treatment irrespective of the type of medical care received. Patients' religious views and spiritual values often shape their opinions and practices related to health care. Patients are protected from scrutiny or harassment based on their beliefs. Patients are also entitled to designate their own advance directives to determine how best to serve their needs should they are facing a life-threatening event. All Texas hospitals, doctors and emergency medical providers are bound by patients' wishes in this regard.

Confidentiality and Privacy

• To the extent possible and allowable by treatment methods, patients in Texas are guaranteed confidentiality and privacy. Privacy extended to patients in terms of treatment includes the promise that the health care provided to a patient will be done in a manner that does not expose the patient to other parties not involved in the care. In addition, Texas health care providers are obligated to preserve a patient's dignity by ensuring all discussions and treatment activities are done with the patient's full understanding and in accordance with the patient's right to confidentiality.

Patient Rights Conspicuously Posted

• All patients should be made aware of both the rights to which they are entitled, as well as the patient bill of rights document that sets out these rights. Upon presenting him or herself for treatment, health care providers in Texas are further obligated to produce a written bill of rights to patients. If the patient is unable to read or otherwise comprehend the bill of rights, it is the health care provider's duty to present the bill of rights in a manner that the patient will fully understand.

Health Care Providers Covered

• Texas' patient bill of rights extends certain guarantees to all individuals, whether receiving treatment through a private hospital or physician network or treatment provided by public health agencies. In addition, physicians' offices, clinic and other health care provider offices must inform patients of their rights.