Health care is a human right protected by international law.

All asylum seekers have the following rights related to health care:

1. Right to emergency room health services

Under the Emergency Medical Treatment & Labor Act (EMTALA):

- You have the right to emergency medical treatment anywhere in the U.S. regardless of your ability to pay, your insurance status, immigration status, race, or religion.

- You cannot be transferred to another hospital without a medical screening that ensures you are stable enough for transfer.

2. Right to information about your care

Under Title 10, Section 405.7, in New York State:

- You have the right to the information you need to make decisions about non-emergency procedures and treatments. This includes information on the specific procedure, the reasons for it, the reasonably foreseeable risks and the benefits involved, and any alternatives for care or treatment.

3. Right to information in a language you understand

Under Title 10, Section 405.7, in New York State:

• You have the right to receive written and verbal information in your preferred language
• Your preferred language must be documented upon your first visit to the hospital.

Under Title VI of the U.S. 1964 Civil Rights Act:

• You cannot be excluded from services receiving federal funds, including hospitals, based on your language (the U.S. Supreme Court considers discrimination based on language the same as discrimination based on national origin).

Under Section 501(r)(4) of the Internal Revenue Code:

- You have the right to information about financial assistance in the language you speak.

4. Right to an interpreter

Under Title 10, Section 405.7, in New York State

- You have the right to free interpreter services.

- You have the right to refuse free interpreter services and request that family members, friends, or non-hospital personnel serve as your interpreter.

5. Right to confidentiality of information regarding your care

Confidentiality means that you have the right to have your personal and medical information kept private. This includes immigration status. Your confidentiality is protected by both the U.S. Health Insurance Portability and Accountability Act (HIPAA) and by the NYS Hospitals Patient Bill of Rights.

Also under HIPAA:

- You have the right to receive copies of your medical records.

- You have the right to send your medical records to third parties of your choice.

- You have the right to receive information about how your health information may be used.

- You have the right to request that your health information not be shared for certain purposes, like marketing.

- You have the right to file a complaint with HHS if you think your confidentiality rights are being violated.

6. Right to know whether free or reduced cost care is available

Based on the 2007 New York State Hospital Financial Assistance Law (HFAL):

- You cannot be turned away from a hospital in NYS on the basis of your immigration status or ability to pay.

- You have the right to discounted services, which all hospitals in NYC should offer to people who have lower incomes and who do not have insurance.

Under the New York State Hospital Patients' Bill of Rights:

- You have the right to ask for an itemized bill

Under Section 501(r)(4) of the Internal Revenue Code:

- You have the right to financial assistance programs, which all non-profit hospitals in the U.S. must have in place.\

- You have the right to know whether providers that deliver your emergency care are covered or not by the hospital's financial assistance plan.

7. Right to elect a personal representative

A personal representative is someone who has the legal authority to speak and make healthcare decisions on your behalf. Anyone you trust can be your representative if they have your written consent.

All asylum seekers have the right to access mental/behavioral health care.

You have the following rights when receiving inpatient and outpatient mental health care:

1. The right to individualized services

You have the right to mental health care services that are aligned with your needs and goals. This means that your treatment plan and treatment goals should consider your personal history, experiences, abilities, and strengths.

2. The right to receive treatment that respects your dignity and personal integrity

You have the right to be treated with respect and to feel that your mental health care provider values you as an individual.

3. The right to freedom from abuse and mistreatment by employees

You have the right to be free from seclusion and physical and chemical restraints when receiving inpatient and outpatient mental health care. You also have the right to be free from mental, verbal, physical, or sexual abuse by individuals providing you with mental health care.

4. The right to confidentiality of your records

Information about your treatment cannot be released without your written consent. There are a limited number of circumstances where the law says your records can be released. However, you have the right to be informed when this happens.

5. The right to see your treatment record

- You have the right to send a written request to your healthcare provider asking to see your mental health treatment records.

- You have the right to ask your provider to discuss your treatment record with you

- You have the right to send your record to other service providers or your attorney.

6. The right to receive information in a language you understand