Report Title:

Hospital Patients' Rights; Health Insurance Rates

Description:

Establishes rights of patients in hospitals in the State of Hawaii; provides that health insurance rates shall be reasonable in terms of health plan profits.

HOUSE OF REPRESENTATIVES

H.B. NO.

1595

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to Health.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 323, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§323- Rights of patients in hospitals in the State. Unless provided otherwise by law, a patient in a hospital in this State shall have the right to:

(1) Understand and exercise their rights as a patient. If a patient does not understand or requires assistance, a hospital shall provide assistance, including an interpreter;

(2) Receive treatment without discrimination as to race, color, religion, sex, national origin, disability, sexual orientation, or source of payment;

(3) Receive considerate and respectful care in a clean and safe environment free of unnecessary restraints;

(4) Receive necessary emergency medical care;

(5) Be informed of the name and position of the physician who is responsible for the care of the patient while in the hospital;

(6) Know the names, positions, and functions of hospital staff involved in the patient's in hospital care;

(7) A no-smoking room;

(8) Receive complete information about the patient's diagnosis, treatment, and prognosis;

(9) Receive all information needed for the patient to give an informed consent for any proposed procedure of treatment. The information shall include possible risks and benefits of the procedure or treatment;

(10) Receive all information needed for the patient to give an informed consent for an order not to resuscitate. Patients shall have the right to designate an individual to give this order, if the patient is too ill to do so;

(11) Refuse treatment and be told what effect refusal may have on the patient's health;

(12) Refuse to participate in research. In deciding whether or not to participate, the patient shall have a right to a full explanation;

(13) Privacy in the hospital and confidentiality of all information and records regarding the patient's care;

(14) Participate in all decisions about treatment and discharge from the hospital. The hospital shall provide the patient with a written discharge plan and a written description of the procedure to appeal the patient's discharge;

(15) Review the patient's medical record without charge. The patient shall be able to obtain a copy of the patient's medical records for which a hospital can charge a reasonable fee. A patient may not be denied a copy of the patient's medical records based on the patient's inability to pay;

(16) Receive an itemized bill and explanation of all hospital charges;

(17) Complain without fear of reprisals about the care and services that the patient receives and to have the hospital respond to the patient's complaints. The patient may request that the hospital provide its response in writing. If the hospital's response is unsatisfactory, the patient may submit a complaint to the department of health. The hospital shall provide the patient with the state department of health telephone number;

(18) Authorize family members and other adults who shall be given priority to visit the patient consistent with the patient's ability to receive visitors; and

(19) Make known the patient's wishes regarding anatomical donations. The patient may document the patient's wishes in a document to be provided by the hospital."

SECTION 2. Section 431:14F-103, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Rates shall not be excessive, inadequate, or unfairly discriminatory and shall be reasonable in relation to benefits provided[.] and health plan profits."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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