Protecting American Health Care Consumers and Patients under Health Reform Using a Human Rights-Based Approach

A key challenge to health reform implementation is protecting the legitimate interests of health care consumers and patients as implementation rolls out. This presentation will examine how patients and consumers can influence policies and decisions, and how they can invoke remedies when denied benefits or otherwise aggrieved by decisions affecting their health care. The presentation draws on three fields of law and policy: (1) administrative law which governs the relations of individuals with government, (2) tort law which redresses civil wrong not arising in contract, and (3) human rights law and policy under international and regional treaties. Tort and administrative remedies are the traditional procedural protections for US health care consumers and patients. Human rights law and the so-called “human rights-based approach” protect individuals' interests due them as human beings and offer more and better approaches to protecting and advancing the interests of health care consumers and patients.