New Jersey Consumer Bill of Rights

Members of HMOs in New Jersey now have important consumer rights including:

  • The right to obtain a current directory of doctors within the network

  • The right to have a choice of specialists following a referral

  • The right of consumers with chronic disabilities to be referred to specialists who are experienced
    treating those disabilities

  • The right to have a doctor - not an administrator - make the decision to deny or limit coverage

  • The right to access a primary care provider or a back-up 24 hours a day, 365 days a year for urgent care

  • The right to call 911 in a potentially life-threatening situation without prior approval from your HMO

  • The right to have an HMO pay for a medical screening exam in the emergency room to determine
    whether an emergency medical condition exists

  • The right to receive up to 120 days of continued coverage - if medically necessary - from
    a doctor that has been terminated by an HMO

  • The right to no "gag rules." Doctors are allowed to discuss all treatment options even if they are
    not covered services

  • The right to know how your HMO pays its doctors so you know if financial incentives or
    disincentives are tied to medical decisions

  • The right to appeal a decision to deny or limit coverage, first within the HMO, then through an
    independent organization for a $25 filing fee (reduced to $2 for hardship)

  • The right to no retaliation against you or your doctor for filing appeals

Under the Health Care Quality Act, which was signed into law by Governor Christie Whitman on August 7, 1997, these rights have been extended to cover other forms of health insurance that manage the use of services through provider networks.

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