IV
104TH CONGRESS
2D SESSION
H. CON. RES. 214
Expressing the sense of the Congress that a patient has certain rights
regarding medical care that should be protected by law.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 12, 1996
Mrs. SMITH of Washington submitted the following concurrent resolution;
which was referred to the Committee on Commerce
CONCURRENT RESOLUTION
Expressing the sense of the Congress that a patient has
certain rights regarding medical care that should be pro-
tected by law.
Whereas a patient has the right to have access to all informa-
tion relevant to the care or course of treatment to make
an appropriate health care decision;
Whereas certain health plans contain contractual clauses that
prevent a health care provider from providing all the in-
formation relevant to the care or course of treatment
available to a patient, and such clauses interfere with a
patient’s ability to make an appropriate health care deci-
sion;
Whereas a patient has the right to seek care from the health
care provider of the patient’s choice;
•HCON 214 IH
Whereas a patient has the right to know all the benefits (in-
cluding services, terms, and costs) and patient rights and
responsibilities under a health plan, but certain health
plans do not explain in plain English all those benefits
and patient rights and responsibilities under the plan;
Whereas a patient has the right to have access to the pa-
tient’s medical records as well as the right to control ac-
cess to such records;
Whereas a patient has the right to choose a course of treat-
ment even if it is not a course of treatment recommended
by the patient’s health care provider;
Whereas a patient has the right to medical care free from in-
terference from a third party payer (such as an insurer)
and the right to make appropriate health care decisions
without fear of reprisal from a third party against the
patient or the health care provider;
Whereas a patient has the right to contract with a health
care provider on mutually agreeable terms, including the
option to use a patient’s own resources to purchase the
desired care or course of treatment;
Whereas while the number of managed care health plans has
increased, patients have experienced a corresponding ero-
sion of these rights; and
Whereas knowledge of these rights and greater information
about health plans empowers patients: Now, therefore, be
it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of the Congress that the
law should protect a patient’s right to—
•HCON 214 IH
(1) receive full disclosure from the patient’s
health care provider of information relevant to the
patient’s care or course of treatment, including the
risks and benefits of treatment and appropriate al-
ternatives;
(2) seek care from the health care provider of
the patient’s choice;
(3) receive full disclosure in plain English of
the terms of a health plan before signing up for the
plan, including a copy of the contract, benefits (in-
cluding services, terms, and costs) and patient rights
and responsibilities under a health plan, approval
procedures for services, a roster and qualification of
participating providers, referral procedures, financial
incentives offered to providers for restricting care,
and procedures for appeal of denials of claims;
(4) have access to the patient’s medical records,
and to limit access of such records to the patient, to
those directly involved with the patient’s care, and to
others designated by the patient;
(5) choose a course of treatment even if such
treatment is not recommended by the health care
provider;
(6) refuse interference from a third party payer
(such as an insurer) in the patient’s medical care,
•HCON 214 IH
and to be confident that a decision to seek or decline
care will not result in penalties imposed by the third
party payer on the patient or the health care pro-
vider; and
(7) contract with a health care provider on mu-
tually agreeable terms, including the option to use
the patient’s own resources to purchase the desired
care.
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