Right to Quality Healthcare Services Guaranteed... 'Patient Basic Act' Passed by National Assembly

The Ministry of Health and Welfare announced that the Patient Basic Act, a comprehensive legislative bill regulating the protection of patients' rights and the promotion of patient safety, was passed at the National Assembly plenary session on March 31.

Last month on the 10th, a public hearing on the Patient Basic Act was held during the full meeting of the National Assembly's Health and Welfare Committee. The meeting, chaired by Jumin Park, Chair of the Health and Welfare Committee, was attended by Seungsoo Kim, Executive Director of the Korean Medical Association; Sungmin Park, Associate Professor at Seoul National University Graduate School of Public Health; Kijong Ahn, President of the Korea Patients' Association; and Minsu Ok, Associate Professor at Ulsan University College of Medicine. Photo by Yonhap News Agency

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The Patient Basic Act proclaims that patients, who have long been regarded as objects of medical care and beneficiaries of healthcare services, are, in fact, principal agents in healthcare. The law also incorporates various measures to enhance and realize the rights of patients.

First, the Act stipulates 12 specific rights of patients, including those previously regulated under the Framework Act on Health and Medical Services and key rights that had been omitted from existing legislation. In addition, it sets out four obligations for patients in response to these rights.

The patient rights include: ▲ the right to receive high-quality and appropriate healthcare services; ▲ the right not to have their right to health infringed upon for reasons such as gender, age, religion, social status, or financial circumstances; ▲ the right to receive explanations and ask questions about disease conditions and treatment methods; ▲ the right to decide which services to receive; ▲ the right to access information, including viewing and requesting copies of medical records; ▲ the right to protect their information and determine whether to provide information; ▲ the right not to have secrets related to their illness violated; ▲ the right to receive safe treatment in healthcare institutions or at their place of residence; ▲ the right to prompt and fair action in the event of harm caused by inappropriate healthcare services; ▲ the right to receive education necessary for the promotion of health and rights; ▲ the right to propose opinions on patient policies; and ▲ the right to organize and participate in groups for the enhancement of patient rights.

The obligations of patients include: ▲ the duty to accurately inform healthcare professionals of their health information and to respect their expertise; ▲ the duty not to receive care through false or dishonest means; ▲ the duty not to interfere with healthcare activities through abusive language, violence, or threats; and ▲ the duty not to use excessive or unnecessary healthcare services.

The Patient Basic Act also designates May 29 as "Patient Day" to enhance public understanding and interest in patient policies and to foster a patient-centered healthcare environment. May 29 marks the anniversary of the passing of the late Jeong Jong-hyun in 2010 due to a chemotherapy administration error, a day that brought the importance of patient safety to the forefront in Korean society.

Additionally, the Act mandates that the Minister of Health and Welfare establish and implement a master plan for patient policy every five years, and that both the Minister and local government heads formulate implementation plans accordingly. The law also requires the conduct of fact-finding surveys to enhance patient rights and the quality of healthcare, the establishment of patient policy impact assessments, and the execution of patient policy research projects.

The new law not only specifies the main roles and protection and promotion obligations of patient organizations, but also systematizes registration and cancellation procedures through the Ministry of Health and Welfare or local governments. This establishes an institutional foundation for professional patient organizations to act transparently and effectively. Furthermore, the Act includes provisions for establishing a Patient Policy Committee under the Ministry of Health and Welfare, the legal basis for patient organizations, and the foundation for investigating patient safety incidents.

The Act is scheduled to take effect one year after its promulgation. The Ministry of Health and Welfare plans to promptly prepare for the implementation of subordinate regulations and other administrative measures, while actively collecting feedback from a wide range of stakeholders, including the medical community and patient organizations.

Jung Eun-kyung, Minister of Health and Welfare, stated, "The enactment of the Patient Basic Act marks a major turning point in which patients, who until now have remained as objects of medical care, will now have a voice and realize their rights as proud participants in healthcare. The government will also review and innovate all policies from the patient’s perspective, and will spare no administrative or financial support to ensure that patient participation leads to tangible change in the healthcare field."

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