Member Rights and Responsibilities
CMS Health Plan members have the right to:
- Be treated with courtesy and respect
- Have dignity and privacy respected at all times
- Receive a quick and useful response to questions and requests
- Know who is providing medical services and who is responsible for the care
- Know what member services are available, including whether an interpreter is available if a member does not speak English
- Know what rules and laws apply to conduct
- Be given information about a diagnosis, the needed treatment, choices of treatments, risks, and how these treatments will help members receive care
- Say no to any treatment, except as otherwise provided by law
- Be given full information about other ways to help pay for healthcare
- Know if the provider or facility accepts the Medicare assignment rate
- To be told prior to getting a service how much it may cost
- Get a copy of a bill and have the charges explained
- Get medical treatment or special help for people with disabilities, regardless of race, national origin, religion, handicap, or source of payment
- Receive treatment for any health emergency that will get worse if a member does not get treatment
- Know if medical treatment is for experimental research and to say yes or no to participating in such research
- Make a complaint when members rights are not respected
- Ask for another doctor when a parent or guardian does not agree with a doctor (second medical opinion)
- Get a copy of a medical record and ask to have information added or corrected, if needed
- Have medical records kept private and shared only when required by law or with a parent or guardian’s approval
- Decide how medical decisions should be made if member can’t make decisions themselves (advance directive)
- Decide how you want medical decisions made if you can’t make them yourself (advance directive)
- To file a grievance about any matter other than a plan’s decision about services.
- To appeal a plan’s decision about the services
- Receive services from a provider that is not part of our plan (out-of-network) if we cannot find a provider that is part of our plan
- Speak freely about your health care and concerns without any bad results
- Freely exercise your rights without the plan or its network providers treating you badly
- Be free from any form of restraint or seclusion used as a means of coercion, discipline, convenience or retaliation
- Request and receive a copy of your medical records and ask that they be amended or corrected
Member and Parents and/or Guardians Responsibilities
A CMS Health Plan member or parent/guardian of a CMS member have the responsibility to:
- Give accurate information about members health to the plan and providers
- Tell a provider about unexpected changes in a member’s health condition
- Talk to providers to understand a course of action and what is expected from parents and/or guardians
- Listen to a provider, follow instructions and ask questions
- Keep a appointments or notify a provider if an appointment cannot be kept
- Be responsible for actions if treatment is refused or if healthcare provider's instructions are not followed
- Make sure payment is made for non-covered services that members receive
- Follow healthcare facility conduct rules and regulations
- Treat healthcare staff with respect
- Tell us if members or parents and/or guardians have problems with any healthcare staff
- Use the emergency room only for real emergencies
- Notify your child’s care manager about change in information (address, phone number, etc.)
- Have a plan for emergencies and access this plan if necessary for member safety
- Report fraud, abuse and overpayment