236534 Protecting American Health Care Consumers and Patients under Health Reform Using a Human Rights-Based Approach

Monday, October 31, 2011: 10:30 AM

Eleanor D. Kinney, JD, MPH , William S. and Christine S. Hall Center for Law and Health, IU School of Law - Indianapolis, Indianapolis, IN
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.

Learning Areas:
Public health or related laws, regulations, standards, or guidelines
Public health or related public policy

Learning Objectives:
To describe the three branches of law and policy which protect the interests of health care consumers and patients. To explain and compare how to improve consumer and even patient participating in policy making processes that affect their health care using administrative law and a human rights approach. To explain and compare how to protect aggrieved patients and consumers through administrative law, tort law and a human rights approach.

Keywords: Human Rights, Health Law

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: I have done research and writing in this field for years.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.

See more of: Human rights for global justice
See more of: Health Law