Consumer bill of rights will impact quality efforts
President Clinton recently endorsed his advisory commission's report on Consumer Protection and Quality in the Health Care Industry, which includes the Consumer Bill of Rights and Responsibilities. Although several of the sections pertain to payers, here are the highlights that relate to providers (see complete report at www.hcqualitycommission.gov):
1. Patients have the right to disclosure of information.
The report says consumers have the right to receive the following information in an accurate and easy-to-understand format:
· Health professionals. Education, board certification and recertification, years of practice, experience performing certain procedures, and quality and consumer satisfaction measures.
· Health care facilities. Experience in performing certain procedures and services, accreditation status, quality, worker and consumer satis - faction measures, and procedures for resolving complaints.
2. Participation in treatment decisions.
The report says consumers have the right and responsibility to participate fully in all decisions related to their health care. Those who are unable to participate fully in treatment decisions have the right to be represented by parents, guardians, family members, or others.
Therefore, physicians and other health professionals should do the following:
· Provide sufficient information and opportunity to decide among treatment options consistent with the informed consent process.
· Discuss all treatment options with a patient in a culturally competent manner, including the option of no treatment at all.
· Ensure that people with disabilities have effective communications with members of the health system in making such decisions.
· Discuss all current treatments a patient may be undergoing.
· Discuss all risks, benefits, and consequences to treatment or nontreatment.
· Give patients the opportunity to refuse treatment and to express preferences about future treatment decisions.
· Discuss the use of advance directives, both living wills and durable powers of attorney for health care, with patients and their designated family members.
· Abide by the decisions made by patients and/or their designated representatives consistent with the informed consent process.
Health care plans, providers, and facilities should:
· disclose to consumers factors such as methods of compensation, ownership of or interest in health care facilities, or matters of conscience that could influence advice or treatment decisions;
· ensure that provider contracts do not contain "gag clauses" or other contractual mechanisms that restrict health care providers' ability to communicate with and advise patients about medically necessary treatment options;
· be prohibited from penalizing or seeking retribution against health care professionals or other health workers for advocating on behalf of their patients.
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