Most of us don’t think about our legal rights when we’re admitted to a hospital. We’re focused on getting better, and we tend to trust that the people caring for us are operating within the law. But a recent situation I encountered was a stark reminder that those rights can be easily overlooked at health care facilities. Your rights do not disappear the moment you check in to a hospital and, unfortunately, not every facility will respect those rights even when challenged.
A patient at a local health care facility wanted to change her health care agent. A health care agent is the person legally authorized to make medical decisions on behalf of another person if the person is unable to make decisions herself. This is a fairly common document, often called a health care proxy, and the process for changing it is straightforward. Under New York Public Health Law, any competent adult may revoke a health care proxy at any time by notifying their agent or provider orally, in writing, or through any act that clearly demonstrates intent to revoke. The law also presumes that every adult is competent unless a court has ruled otherwise.
This patient did everything right. She told her health care providers and her attorney what she wanted, and she executed a new health care proxy, which automatically revokes the previous one under state law. The facility refused to honor it anyway.
It got worse. When the patient asked her attorney to come visit her, the facility refused that request, too. That refusal is a direct violation of the Patient’s Bill of Rights, which states that every patient has the right to private communications and consultations with their physician, attorney or any other person. No exceptions are listed. A facility may set reasonable visiting hours, but it cannot arbitrarily decide whom a patient is allowed to see. That decision belongs to the patient — not the staff, not the administration.
Hospitals are required by law to explain the Patient’s Bill of Rights to every patient, provide a written copy and post it publicly. Whether that always happens in practice is another matter, but the rights themselves are real and enforceable. They cover everything from your right to informed consent and access to your medical records, to your right to make decisions about your own care.
While you are an inpatient, you retain the right to make your own decisions, manage your personal affairs and receive visitors of your choosing. If a facility refuses to honor a newly executed health care proxy, the burden falls on the facility — not the patient — to seek judicial review through a special court proceeding. You are not required to do anything more than make your wishes known.
One right that often catches people off guard is the right to a written discharge plan. Before you leave a hospital, the facility is required to provide you with a written plan that outlines your follow-up care, any medications you’ll need and where you’re being discharged to — whether that’s home, a rehabilitation facility or another care setting.
What many patients don’t realize is that you have the right to disagree with that plan. If you believe the proposed discharge is premature, unsafe or sends you somewhere that isn’t right for your situation, you can say so. You should not feel pressured to leave a facility before you are ready. And this is where your friends and family could be especially helpful.
Being hospitalized puts patients at an inherent disadvantage when it comes to self-advocacy. You’re likely not feeling well, you’re under stress and it’s hard to stay on top of the details of your care, let alone recall the specifics of your legal rights. You may also be in an environment where it feels uncomfortable to push back against the people responsible for your treatment.
That’s exactly why this information matters just as much to the people around you. Friends and family are often in a better position to notice when something isn’t right and to ask the hard questions. If you have a loved one in the hospital, pay attention. If something feels off, it might be.
If you believe a patient’s rights are being violated, here are three concrete steps you can take:
Contact the New York State Justice Center. The Justice Center for the Protection of People with Special Needs is a state agency that works to safeguard the health, safety, dignity and civil rights of vulnerable individuals. Even if your situation falls outside its jurisdiction, staff can refer you to the appropriate agency, such as the Department of Health. Call 1-855-373-2122 or find them online.
File a complaint with the Joint Commission. The Joint Commission is an independent nonprofit organization that accredits hospitals and other health care organizations and holds them to national standards for quality and patient safety. Complaints can be submitted online or by phone at 1-800-994-6610.
File a grievance directly with the facility. The Patient’s Bill of Rights includes the right to submit a formal grievance to the facility itself. Depending on the issue, this may resolve your concern, though it’s understandably difficult to put much faith in an internal process at the very facility that is already violating your rights.
No one should have to fight for their basic rights while trying to heal. But if that moment comes, for you or someone you love, knowing what you’re entitled to, and who to call, can make all the difference.