Experts Answered: Legal Rights of Medical Patients in California

When you’re sick or caring for someone you love, the last thing you should worry about is whether you have a say in your own care—or how to stand up for yourself if something goes wrong. California law gives patients robust protections that cover everything from informed consent and privacy to billing, language access, and emergency treatment. Below, we’ve distilled the essentials, with clear next steps and credible sources so you can act with confidence.

1) Your core rights in California hospitals

California requires hospitals to adopt and publicly post a Patient Bill of Rights. These rights include respectful, non-discriminatory care; the ability to understand your diagnosis and treatment options in plain language; the right to participate in decisions (including the right to refuse treatment); privacy during exams; confidentiality of records; an explanation of your bill; and flexible visitation rules that respect your relationships.

What this means for you: you can ask who’s in charge of your care, request clear explanations of risks and alternatives, decline treatments you don’t want (except in narrow emergencies), and expect your case discussions to be conducted discreetly. If the hospital’s rules or a staff member’s actions seem to block these rights, you can file a grievance (more on that below).

2) Privacy and control of your medical information (HIPAA + California CMIA)

At the federal level, HIPAA gives you the legal right to access your health records and to request amendments when something is inaccurate or incomplete. Providers must provide access to designated record sets and have processes to handle amendment requests; the amendment rule is codified at 45 C.F.R. §164.526 and the right of access at §164.524.

California layers on additional protections through the Confidentiality of Medical Information Act (CMIA), which governs how medical information may be used and disclosed by providers and plans.

Timelines and fees (California-specific):

• You’re entitled to inspect your medical records within 5 working days of a written request.

• You’re entitled to copies within 15 days.

• Providers may charge a reasonable, cost-based fee, capped at $0.25 per page (or $0.50 for microfilm).

3) Language access and interpretation

If English isn’t your primary language, California law requires health plans to notify members about free language assistance services—including oral interpretation in the 15 most common languages among Californians with limited English proficiency. Ask your plan or hospital for an interpreter; it’s part of the system, not a favor.

4) Anti-discrimination and disability access

California’s Unruh Civil Rights Act prohibits discrimination by business establishments (which includes private hospitals and medical practices) based on protected characteristics like disability, medical condition, sex, race, primary language, sexual orientation, immigration status, and more. If you’re refused service or treated differently because of a protected trait, you can pursue remedies.

Patients with disabilities are also protected under Section 504 of the Rehabilitation Act and the ADA, which require equal access to healthcare services and facilities—for example, accessible exam tables, diagnostic equipment, communication aids, and accessible digital services.

5) Emergency care: you must be screened and stabilized

At any hospital emergency department that takes Medicare (that’s almost all hospitals), the Emergency Medical Treatment and Labor Act (EMTALA) guarantees an appropriate medical screening and stabilizing treatment—regardless of your insurance status or ability to pay. You may also be transferred if medically appropriate. These core protections are current federal requirements.

6) Surprise billing protections

California and federal rules limit “balance billing” (surprise bills) for emergency out-of-network care and certain non-emergency situations. State guidance confirms California’s standards apply within the state for many services—meaning you generally can’t be billed the out-of-network difference after an emergency. If you receive a surprise bill, dispute it with your plan in writing and reference California’s balance-billing protections and the federal No Surprises Act.

7) Advance directives: choose who speaks for you

California’s Health Care Decisions Law lets you set out your care preferences and appoint a decision-maker (an agent) through an Advance Health Care Directive. The Attorney General publishes a fillable statutory form (Probate Code §4701). Completing one helps ensure your values guide decisions if you can’t speak for yourself. Keep copies with your agent and your doctors.

8) Getting your records—fast

To move care forward or get a second opinion, make a written request to the provider’s medical records department. Cite your rights under California Health & Safety Code §123110 and HIPAA. Ask for electronic copies if available (they often arrive faster), and remind the provider of California’s 5-day inspection and 15-day copy deadlines. If a record is wrong, send a written amendment request identifying the specific entry and attach supporting documents. The provider must handle amendment requests under HIPAA’s §164.526 process.

9) If your rights are violated: complaints that get traction

• Against a doctor: The Medical Board of California investigates complaints about licensed physicians. You can file online (BreEZe) or submit a form by mail. Include specific dates, names, and documents.

• Against a hospital or facility: File with the California Department of Public Health (CDPH) through Cal Health Find. You can report safety issues whether or not you used the hospital’s grievance process.

Tip: Send your complaint in writing, keep copies, and request written confirmation of receipt. If the issue involves surprise billing, also open a dispute with your health plan and reference the No Surprises Act/California balance-billing rules.

10) Deadlines and when to call a lawyer

If you believe you were harmed by medical negligence, California has strict filing timelines. In most cases, you must sue within one year of discovering the injury or within three years of the injury—whichever comes first (with narrow exceptions). You must also give the provider 90 days’ notice before filing a lawsuit. These rules are in the Code of Civil Procedure §§340.5 and 364.

Because these deadlines can be tricky (and exceptions may apply), speak with an experienced attorney promptly. If you’re in Butte County or the North State, consulting healthcare attorneys in Chico, CA can help you evaluate your options, preserve evidence, and meet every procedural requirement.

11) Quick checklist to use at any appointment

• Ask for clarity. “What are my options? What are the risks and benefits of each?” You have a right to understandable information and to refuse treatment.

• Bring a supporter. A trusted person can take notes, ask follow-ups, and help you remember instructions.

• Request an interpreter. If you prefer a language other than English, ask for free interpretation through your plan or hospital.

• Keep a paper trail. Save after-visit summaries, bills, and portal messages; they’ll help if you need an amendment or dispute a charge.

• Complete an advance directive. Name a decision-maker and state your wishes; share copies with your clinicians.

12) Common scenarios—what to do

“I got a $3,000 bill after an out-of-network ER visit.”

Contact your health plan and the provider’s billing office in writing. Reference California’s bar on balance billing for out-of-network emergency care and the federal No Surprises Act. Ask for an internal review and a corrected claim. If unresolved, file a complaint with DMHC (for managed care) or the Department of Insurance, depending on your plan.

“My medical record contains an error that’s affecting my care.”

Send a written amendment request citing 45 C.F.R. §164.526. Explain what’s incorrect, what it should say, and attach supporting documents (test results, messages). The provider must respond and either amend or explain the denial and your right to submit a statement of disagreement.

“I wasn’t offered an interpreter and didn’t understand my consent form.”

Notify patient relations and your health plan that you were denied language assistance; request a repeat explanation with an interpreter and copies of any forms you signed. If harm resulted, consider consulting counsel.

“I was turned away because of my disability.”

Document what happened (who, when, what was said). Ask for reasonable accommodation (e.g., accessible exam equipment, communication aids). If the provider refuses or delays care, file a complaint with HHS OCR and consider legal advice under Unruh/ADA/Section 504.

Final word

California gives patients strong, enforceable rights—but you still need to invoke them. Use the scripts and steps above, keep everything in writing, and don’t hesitate to escalate a grievance or seek legal counsel. If you’re weighing a formal claim or need help navigating a billing dispute, experienced healthcare attorneys in Chico, CA can review your situation and protect your timeline.