The Effect of the Treatment Setting on the Decision-Making Process: Acute Care Hospitals and Emergency Services

Cruzan v. Missouri Dept. of Public Health, 110 S. Ct. 2841 (1990).

Section 1317 of the Health and Safety Code of the State of California: Chapter 111, Section 70 (e), Massachusetts Patients and Residents Rights.

For example, Title VII of the Civil Rights Act or 1964 (42 U.S.C. Section 2000(e), et.seq.), the Federal Rehabilitation Act of 1973 (U.S.C. Section 7990, et seq.), the Confidentiality of HIV-related Information Act (Pennsylvania Act 148, 11/29/90, and the Required Policy for Employers Within the City of Philadelphia Regarding Aspects of Transmission of Human Immunodeficiency Virus (Title 9 of Philadelphia Code, Ch. 9–1700).

Omnibus Budget Reconciliation Act of 1990, P.L. 101–508 (November 5, 1990).

Id.

Id.

Cruzan v. Harmon, 760 S.W. 2d 408 (Mo. en banc 1988).

Id. at 424.

Id.

For a competent patient who was able to consent and refused, a subsequent emergency does require consent or court order before the previously refused treatment may be rendered.

The Patient Self Determination Act, which takes effect in December, 1991, requires hospitals that receive Medicare and Medicaid funds to inform all patients of their rights to make health care decisions and of applicable state law, e.g. advance directives living wills, etc.