Rights and Responsibilities of Access to Healthcare (VCE SSCE Health and Human Development): Revision Notes

Rights and Responsibilities of Access to Healthcare

Understanding your rights and responsibilities as a patient is essential when accessing healthcare in Australia. This knowledge helps ensure you receive quality care while also fulfilling your role in the healthcare system.

Australian Charter of Healthcare Rights

The Australian Charter of Healthcare Rights is a document that clearly sets out what patients, consumers and other people can expect when using the Australian healthcare system. These rights help guarantee that healthcare throughout Australia meets high quality and safety standards, protecting both patients and practitioners.

The charter applies to all healthcare settings in Australia, including:

• Public hospitals
• Private hospitals
• General practices (GPs)
• Other community healthcare environments

The charter aims to create a shared understanding between patients, families, carers and healthcare providers about what patients should expect. To make healthcare accessible to all Australians, the charter is available in 17 different languages, as well as in braille and audio formats.

Key term: A right is a moral or legal entitlement to have or do something.

Three guiding principles

The charter is built on three fundamental principles that explain how it applies in the Australian health system:

1. Universal access: Everyone has the right to access healthcare, and this right is fundamental for the charter to have real meaning.
2. International human rights commitment: The Australian government commits to international agreements about human rights. These agreements recognise that everyone has the right to achieve the highest possible standard of physical and mental health and wellbeing.
3. Cultural diversity: Australia is made up of people from different cultures and ways of life, and the charter acknowledges and respects these differences.

The seven basic rights

The charter identifies seven core rights that all patients have when accessing healthcare in Australia. These are: access, safety, respect, communication, participation, privacy and comment.

My rights	What this means
Access I have a right to healthcare.	I can access services to address my healthcare needs.
Safety I have a right to receive safe and high quality care.	I receive safe and high quality health services, provided with professional care, skill and competence.
Respect I have a right to be shown respect, dignity and consideration.	The care provided shows respect to me and my culture, beliefs, values and personal characteristics.
Communication I have a right to be informed about services, treatment, options and costs in a clear and open way.	I receive open, timely and appropriate communication about my healthcare in a way I can understand.
Participation I have a right to be included in decisions and choices about my care.	I may join in making decisions and choices about my care and about health service planning.
Privacy I have a right to privacy and confidentiality of my personal information.	My personal privacy is maintained and proper handling of my personal health and other information is assured.
Comment I have a right to comment on my care and to have my concerns addressed.	I can comment on or complain about my care and have my concerns dealt with properly and promptly.

Patient rights

Building on the Australian Charter of Healthcare Rights, patients have specific entitlements when accessing healthcare services. These rights ensure you receive appropriate information and respectful treatment:

• Information about diagnosis: You have the right to receive clear information about what health condition you have.
• Cost transparency: Healthcare providers must inform you about the costs of proposed treatment, including any likely out-of-pocket expenses you'll need to pay.
• Second opinions: You can seek other medical opinions about your condition from different healthcare professionals.
• Visiting arrangements: When in hospital, you have the right to know about visiting arrangements for family and friends.
• Medical records access: You can access your own medical records and expect your privacy to be protected.
• Respectful treatment: Healthcare professionals must treat you with respect and dignity at all times.
• Professional care: You have the right to receive care and support from nurses and allied health professionals.
• Participation in care: You can participate in making decisions about your healthcare and treatment options.
• Making complaints: You can comment on or complain about any aspect of your hospital care or medical treatment.

Patient responsibilities

Along with rights, patients also have important responsibilities when accessing healthcare. These responsibilities help ensure the best possible health outcomes and a well-functioning healthcare system:

• Providing health information: Share complete and accurate information about your past and present illnesses, hospital stays, medications and other relevant health history. This helps healthcare professionals make informed decisions about your care.
• Asking questions: If you don't understand explanations about risks and benefits of proposed healthcare, treatments or procedures, you should ask questions until you're clear about what's involved.
• Following instructions: Follow the instructions and medical orders given by your doctors, nurses and medical support staff. This helps achieve the best outcomes from your treatment.
• Reporting safety concerns: Immediately report any safety concerns to your doctor, nurse or healthcare support staff.

• Understanding costs: Ask questions about costs before receiving treatment so you understand any financial implications.
• Paying expenses: When there are out-of-pocket expenses, it's your responsibility to ensure all costs are paid within the required timeframe.

Privacy and confidentiality

Privacy and confidentiality are fundamental aspects of healthcare that protect patients' personal information. Australian laws clearly outline how medical records and information can be stored and shared.

All healthcare professionals are bound by privacy laws and cannot discuss a patient's health information without their consent. The storage of medical records must also comply with these privacy laws. However, with a patient's consent, their health information may be shared with other healthcare providers to help make decisions about appropriate treatment.

Every patient has the right to:

• Keep their condition and treatment confidential
• Access their own health information at any time
• Choose whether to share previous medical records when consulting a new doctor

My Health Record

In January 2019, My Health Record was established for all Australians who didn't choose to opt out of this medical information storage system. Managed by the Australian Digital Health Agency, My Health Record is an online summary of an individual's key health information, including:

• GP and specialist visits
• Medicare claims
• Pharmacy prescriptions
• Test and scan results

Both individuals (and their families if under 18 years old) and healthcare providers can access this information. This online storage allows health information to be shared between patients and their doctors, which can particularly benefit patients from diverse cultural and linguistic backgrounds.

Exemptions to privacy laws

While privacy laws are strict, there are two situations where healthcare services (such as doctors, pharmacies, hospitals, or maternal and child health centres) may be required to share medical information without the patient's consent:

1. Serious health or safety threats: If the patient or someone else's health, wellbeing or safety are seriously threatened. For example, if a patient is unconscious and a paramedic, doctor or nurse needs to know whether the patient is allergic to any drugs.
2. Public health protection: When the information will reduce or prevent a serious threat to public health or safety. For example, warning the public if there is an outbreak of a serious contagious illness.

These exemptions ensure that important health information can be shared when necessary to protect individual or community wellbeing.

Case study: My Health Record and teenage privacy

The My Health Record system raises particular concerns about teenage privacy. Consider this scenario:

Privacy protections for teenagers

While teenagers aged 14-18 have options to keep their medical records private under the My Health Record scheme, they must be proactive:

• Medicare and PBS (Pharmaceutical Benefits Scheme) claim information is not visible to parents of teenagers aged 14 and over, even if they're on the family Medicare card
• However, parents or legal guardians act as authorised representatives of their under-18 child's record and can see other documents like health summaries, medications prescribed, test results and specialists' letters
• At age 18, parents' access to the young person's record is automatically cancelled
• Teenagers aged 14-18 can choose to take control of their own My Health Record

How teenagers can protect confidentiality

Teenagers can control what information is uploaded to their My Health Record:

• Ask doctors and other health professionals not to upload information about health visits they wish to keep confidential
• Request that doctors tick the 'MHR opt-out' box on pathology requests and prescriptions so these aren't uploaded
• Ask pharmacists not to upload medication dispensing information
• Healthcare providers should also remember to ask all young people whether they want information uploaded or not

Issues with the current system

Young Australians have a legal right to confidential healthcare. They can visit health professionals independently, and information shared must be kept confidential unless there's a risk of suicide or if the young person is under 16 and being abused.

Confidentiality has been shown to improve young people's willingness to seek help early, thereby preventing unwanted consequences of behaviours or mental health issues. In Katy's case, she obtained an STI test and contraception, helping prevent unwanted sexual health problems.

However, the current system for protecting teenagers' confidentiality has significant flaws:

• It relies on busy health professionals remembering to ask every teenager whether they want information uploaded
• Many health professionals may not be experienced with the My Health Record system
• It places responsibility on teenagers who may not be fully familiar with the healthcare system
• Young people must remember and have confidence to ask for information not to be uploaded

Exam tip: Be prepared to discuss both the benefits of healthcare privacy protections and the challenges they present, particularly for young people. Understanding the balance between confidentiality and comprehensive health records is important.

Remember!