What are my rights as patient, who also happens to be disabled to receive medical care from a health care system of my choice?

Asked about 1 year ago - Anaheim, CA

I am a 51, disabled female who has been denied access to medical care within the Catholic Health Care System, which is the health care system I prefer receiving all of my health care needs. As a patient disabled or not, do I not have the right to seek medical care from a healthcare system of my choice, that accepts my medical insurance.

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Most people are limited in one respect or another by where they can go for medical service, and you very likely are limited, too. If you have insurance coverage, your ins plan will limit the providers that you can be treated by with an expectation of coverage pursuant to the terms of your plan. No provider (other than emergency room confronted with a medical emergency) is required by law to treat a patient who the facility chooses not to treat, unless there is a contractual provision (such as with a health plan or insurer) providing otherwise. State law prevents you being denied service for reasons of race, religion or other "protected classification". The "CHCS" does not appear to be a specific entity operating in California.

    Except as spelled out here, or otherwise provided by a specific contract between you and a care provider, you do not have a general right to receive your health care under the auspices of any specific religious organization or organized religion.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Christopher Edward Ezold

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, health care providers do not have an obligation to treat anyone (except in certain emergency situations). If they don't want you as a patient, your remedy is to find another provider.

    /Christopher E. Ezold/

    The Ezold Law Firm, P.C.
    Employment, Business and Health Law
    One Belmont Avenue, Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My... more
  3. Martha Ann Knutson

    Contributor Level 11

    Answered . I agree with Ms. McCall's answer above, but have one additional thought. Although no provider (except certain emergency departments) is required to accept you as a patient, none are allowed to reject you on the basis for your disability. If there are specific facts that cause you to think that has occurred you can contact an attorney in your area who brings cases under the Americans with Disabilities Act (ADA) to evaluate your specific situation or the Department of Justice which enforces that law - see www.ada.gov - though a mediation approach.

    This response is intended to provide general information, but not legal advice. The response may be different if... more

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