What Are the Rights of a Health Care Provider?

Most people are aware that they have certain rights as health care patients. In fact, the United States has even passed a law regarding patient rights called the Bipartisan Patient Protection Act, which went into effect in 2001. However, many don't realize that health care providers are also protected by certain rights.

Identification

• Health care providers include hospitals, insurance companies, doctors, nurses, nursing homes, diagnostic laboratories, pharmacies, durable medical equipment providers, insurance companies and any other agency involved in providing or funding health care or health care products. Physical, occupational and psychological therapists are also part of the industry. Health care as we know it most often involves many providers working as a team in order to care for their patients' needs. They may perform or assist in diagnostic, preventative and corrective care.

History

• The United States Department of Health and Human Services (HHS) has, over the years, imposed three separate laws regarding health care provider rights. These laws were specifically related to the providers' "conscience" rights. That is, laws which protect providers from being required to go against their own ethical or religious convictions. For example, in the 1970s, the Church Amendments were created in response to the consistent debates regarding abortion and sterilization. These Amendments protected providers from losing the ability to perform other procedures or be involved in other programs as a result of their refusal to provide services which were against their moral or religious convictions.

Effects

• In 1996, a new section of the Public Health Service Act offered providers protection from loss of insurance contracts and government funding programs when the provider refused to perform abortions, sterilizations or any other procedure which went against his beliefs. This section also prohibited discrimination against these providers by any government or other health care agency, in cases where the discrimination would be based on the provider's religious beliefs and refusal to go against them when providing health care services.

Features

• In 2005, the Weldon Amendment to the HHS's Appropriations Acts excluded funding for any local, state or federal agency which discriminated against health care providers who enforced their rights to refuse to perform certain services based on their own ethical or moral convictions, specifically refusal to perform abortions. Although these laws are in place, many providers and agencies aren't fully aware of them. For example, according to HHS, "An ethics opinion put forth several months ago by the American College of Obstetricians and Gynecologists appeared to disregard these laws. Subsequent action by the American Board of Obstetrics and Gynecology, which appeared to adopt the opinion, had the potential to force physicians to either violate their conscience by referring patients for abortions (or taking other objectionable actions) or risk losing their board certification."

Misconceptions

• Health care providers aren't limited to conscience rights. In fact, most states also have laws in place to protect the provider's rights to timely payments from insurance companies and federal agencies, as well as laws which require providers to provide timely claim information to insurance carriers and government agencies. Many states also have an internal grievance procedure, which requires medical providers and health care insurance companies to communicate directly in relation to any grievances that may be filed. Many providers are also afforded the right to refuse services, excluding emergency services, to anyone at will.