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Table 1 Patient rights in Israeli Legislation and JCI standard

From: Promoting patients’ rights through hospital accreditation

  JCI National Health Insurance
Patient Rights Act Dying Patient Act Equal Rights for Persons with Disabilities Law Organ Transplant Act Comments
Right to Receive Medical Care \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \)     
Right to Privacy \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \)   \( \underline {\mathrm{X}} \)*   *In ERPDL, the right to privacy is protected in all aspects of one’s life, including in receiving medical care, but not only or specifically in the medical context
Right to Medical Confidentiality \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \)  
Right to Give Consent \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \)   \( \underline {\mathrm{X}} \) General consent to receive medical care
Right to Give Informed Consent \( \underline {\mathrm{X}} \)   \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \)    Informed consent to receive specific medical treatment
Right to Refuse Treatment \( \underline {\mathrm{X}} \) \( \underline {\mathrm{X}} \)* \( \underline {\mathrm{X}} \)* \( \underline {\mathrm{X}} \)    *In PRA and NHIA the right to refuse treatment is not mentioned, but it is implied from the right to give consent
Proprietary Right Pertaining to the Medical Care (Protection of Patients’ Possession) X       Israeli law does not address this issue at all, it constitutes a gap found by comparing legislation and JCI.
Right to Culture and Language
X     X* X** * In ERPDL, accommodation for sign language is addressed
** In OTA, cultural and religious background of the living donor is relevant to determining the members of the donation board.
Generally – cultural and language accommodations are the subject of a circular issued by the general manager of the Ministry of Health no. 7/11, 2011
Patients’ Complaints Apparatus X X X   X*   * In ERPDL, complaints regarding discrimination in healthcare
Right to Receive Information X   X X   X  
Right to Equality and Anti-Discrimination in Healthcare   X X   X*   ** In ERPDL, regarding persons with disability
Formation of Ethics Committees    X X*   X** * In DPA, committees with similar functions (local or national committee)
** In ODA, similar function called “evaluation committee”
Respect of Patient’s Religion X    X*   ** * In DPA, “This law is based on the values of the State of Israel as a Jewish and democratic state and on fundamental principles in the fields of morality, ethics and religion.”
** In ODA, religious background is relevant in choosing members of the evaluation committee
Right to Seek a Second Opinion *   X     * JCI standards refer to patients’ rights within the setting of a specific hospital and not to general rights in the healthcare system
Patients’ Families’ rights X*    X**   X*** * In the JCI standards, families’ rights are mentioned with regard to receiving medical information, quality and standard of care, organ donation, and complaints apparatus.
Right to Be Respected/Human Dignity X* X X   X   * In the JCI, the hospital will respect patients’ values /beliefs. There is no mention of dignity.
The right is regarded a general human right in Israeli law.
Right to Be Accompanied During Medical Examination and Treatment X   X     
Right to Have and Receive the Medical Record X   X X    
Right to Access medical Services X*     X**   * In JCI, including language and cultural barriers
** In ERDL, accessibility of medical facilities and services for all, especially persons with disabilities