🔖 Archived Resource (2001): This guide was published in 2001 and is not current. It is preserved here for historical and general reference by Consumer Watchdog. Laws may have changed — consult a qualified attorney for current legal advice.

The California Patient's Guide
Your Health Care Rights and Remedies

California Patient's Guide Cover
Prepared by Consumer Watchdog.
Made possible by a grant from The California Wellness Foundation and with the assistance of the California Dept. of Consumer Affairs and the California Dept. of Managed Health Care.

This guide is intended to inform you of your rights to receive quality health care and what steps you can take if you encounter problems. It has been assembled by medical, legal and consumer experts under the supervision of a non-profit organization, Consumer Watchdog, through a grant from the California Wellness Foundation.

While the authors of this guide have made every attempt to be as accurate and comprehensive as possible regarding current law, you should refer to the statutes and cases cited for the exact language used. You may wish to consult an attorney for assistance with how the law applies to your particular health care problem.

This guide is current, to the extent possible, through the 2000 legislative session, including state laws signed by Governor Davis to be effective January 1, 2001.


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Santa Monica, CA 90405
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TABLE OF CONTENTS

Expanded Contents

Introduction

  1. Your Rights to Continuous Care, Second Opinions, Referrals and Information
  2. Your Right to Informed Consent
  3. Your Rights to Medical Records and Confidentiality
  4. Your Right to Emergency Medical Care
  5. Your Rights to Coverage of Pre-Existing Conditions
  6. Your Rights to File Grievances with your Health Plan and the Department of Managed Health Care
  7. Your Rights to Have your HMO's Decisions Independently Reviewed and to Sue Your HMO
  8. Your Rights to Appeal and Litigate Benefit Denials Under ERISA
  9. Health Care Coverage Options

Appendices
A — DMHC Consumer Complaint Form
B — Vital Steps Checklist
C — Sample Letter
D — Strategic Advice for Patients
E — Knox-Keene Act Code Sections

Glossary
Acknowledgements