Medical Transparency Laws: What Patients Need
Healthcare is confusing and overwhelming for many patients, and while patients have certain rights under Ohio and federal law, many people aren’t aware of those rights. From the true cost of a procedure and the risks of a surgery to the details of a medical error, medical transparency is an essential part of the doctor-patient relationship.
Ohio has several laws in place that outline what patients are entitled to know as part of their care. Knowing these laws and your rights can help you assert them.
At Crandall & Pera Law, we understand how important transparency is for patients—especially after medical malpractice. If you’ve been victimized by a care provider, let’s talk. Call us to get started.
What medical transparency really means
When we talk about medical transparency, we’re not just referring to the cost of your care—although that is an important component. Genuine transparency in healthcare involves several different areas of care:
- Cost and pricing: Patients are entitled to know how much a procedure is likely to cost and how much insurance is expected to cover before they receive care.
- Quality and outcome: Hospitals and providers are increasingly required to share data that may affect a patient’s decision to seek care, including complication rates and performance data.
- Errors and adverse events: When mistakes occur, patients have a right to know what happened, how it affects them, and what the care provider will do going forward.
- Records access: Patients should be able to review their medical files to understand the care they’ve received.
Medical transparency helps patients plan for costs, compare provider options, and be an active participant in their own care. Without clear rules, though, providers and facilities aren’t likely to be as forthcoming as they should be. That’s why Ohio has stringent laws in place to protect patients.
What Ohio state law says
Ohio law offers patients various protections. Knowing how the law protects you makes it easier to protect your rights.
Cost transparency
State law requires hospitals to publish standard charges and shoppable-service prices, in writing. The estimate should include the amount the provider will charge the patient or health insurance company, the amount the insurer will pay for the service, and the amount that the patient would be responsible for. Note that this law applies to non-emergency care only.
Ohio also requires that hospitals make their charges public. Hospitals must post their standard charges in dollars and cents, rather than providing a range of costs that is essentially useless to patients.
Access to medical records
Ohio law gives patients the right to get copies of their medical records. It’s important to note, though, that there are exceptions to this right. Providers are required to respond to requests in a reasonable amount of time, and they can only charge limited copying fees—no charging exorbitant fees to discourage patients from getting copies of their records.
The main exception applies primarily to cases where disclosure is medically contraindicated or likely to adversely affect the patient (often in psychiatric scenarios). If a patient’s treatment plan includes restricted access to medical records for clear treatment reasons, then they may not be granted access to the records in question. However, for the majority of patients and in most cases, full access to medical records is required.
Information regarding medical errors
Perhaps the most sensitive aspect of medical transparency relates to what happens when mistakes occur. Doctors and other medical providers take steps to prevent errors whenever possible, but mistakes do happen. While laws regarding medical error disclosure aren’t as extensive as they are in some other states, Ohio does encourage care providers to be forthcoming about errors by not allowing statements of sympathy, apologies, or well-wishes to be used as evidence in a medical malpractice case. By ensuring that these terms cannot be used against a physician, the law aims to encourage open communication between patients and care providers.
How patients can protect their rights
It can be stressful to assert your rights as a patient, especially since providers don’t often expect patients to know those rights, much less stand up for them. However, you deserve to know how much your care will cost, if your healthcare facility is highly rated, and if your provider has made an error.
You can ask for a written, good-faith estimate before consenting to non-emergency care. This makes it easier for patients to plan care in a way that fits their financial and medical needs.
You also have the right to request copies of your medical records, receive them in a reasonable amount of time, and only pay a reasonable fee for copies.
You have the right to access cost and quality information for the facilities where you receive care. However, note that this information can be difficult to parse without help.
Note that misunderstandings and issues may still arise. For example, if the care you receive ends up being more expensive than expected, that doesn’t necessarily mean that the provider did something wrong—estimates aren’t always precise. Additionally, some records can be withheld if certain requirements are met.
One of the most important parts of these legal protections relates to medical malpractice. Receiving an apology or an admission of a medical error may seem like a clear-cut medical malpractice case, but Ohio specifically bars these statements from being used as legal evidence. Furthermore, not every medical mistake is malpractice, which is why it’s important to discuss any potential malpractice with an Ohio medical malpractice lawyer.
Learn more about your options after medical errors—call us today
The team at Crandall & Pera Law is committed to protecting your rights after medical malpractice leaves you injured and traumatized. Contact us online or call us to plan your next steps.