Policy

Policies Supporting the Need for Effective Patient-Provider Communication

Laws and policies exist in many countries to support patient rights, including the right to effective  patient-provider communication. 

Here are some examples with links used in the United States. Please send us additional examples to share.   

Convention on the Rights of Persons with Disabilities

In 2006, the United Nations General Assembly adopted the treaty, the Convention on the Rights of Persons with Disabilities to ensure that people with disabilities have access to the same rights and opportunities as everybody else. The treaty defines communication with the inclusion of augmentative and alternative communication modes which validates AAC as a mainstream approach to meeting communication needs. Furthermore, the Convention sets out legally binding obligations on all countries to ensure the rights of all people with disabilities to achieve equality in society.
For more information visit: https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html

The Joint Commission

The Joint Commission on the Accreditation of Healthcare Organizations (JCAHO, now The Joint Commission) in the United States strongly emphasizes (Standard of Care RI.2.100) that patient have the right to effective communication and health care organizations need to provide support to achieve effective patient-provider communication of all patients. Specifically, the Elements of Performance for RI.2.100, No. 4 state, "The organization addresses the needs of those with vision, speech, hearing, language, and cognitive impairments." Additionally, the 2007 National Patient Safety goals include (2007 National Patient Safety goals- Goal 13) encouraging "patients' active involvement in their own care," which requires overcoming communication barriers.
For more information visit: http://www.jointcommission.org/PatientSafety/NationalPatientSafetyGoals/07_bhc_npsgs.htm

Americans with Disabilities Act (ADA)    

The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that prohibits discrimination against individuals with disabilities and to ensure that these individuals have the same rights and opportunities as everyone else. The ADA requires that Title II (state and local government services) and Title III (businesses and non-profit organizations that serve the public) communicate with people with disabilities as equally effective as their communication with people without disabilities.
For more information visit: https://www.ada.gov

Rehabilitation Act of 1973 

Section 504 of the Rehabilitation Act of 1973 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that receives Federal financial assistance. As all hospitals in the United States receive reimbursement and funding from Centers for Medicare and Medicaid Services (CMS), they are required to provide effective communication supports for patients.

For more information visit: https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973

Affordable Care Act (ACA)

Section 1557 of the Affordable Care Act (ACA) in the United States prohibits discrimination on the basis of disability and provides that no individual shall be barred from participation in or be denied the benefits of any health program that receives Federal financial assistance. This works in conjunction with other Federal anti-discrimination and civil rights legislation.
For more information visit: https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html

A Patient Bill of Rights

"A Patient's Bill of Rights" was the name of a document that the American Hospital Association (AHA) introduced in 1973 and revised in 1992 with the expectation that observance of these rights will contribute to the delivery of effective care. The AHA encouraged each healthcare facility in the United States to adapt 12 rights to fit the needs of their patient community. In 2003, the AHA replaced its original Patient's Bill of Rights with the Patient Care Partnership, which is a brochure written in plain language and offered in multiple languages for the patient to understand their rightful expectations for their hospital stay. Each hospital may have their own Bill of Rights, however effective communication between patients and providers is most often included.

For more information visit: https://www.aha.org/other-resources/patient-care-partnership