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| for and by young people with HIV |
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legal aspects about your treatment Having HIV unfortunately means that you will also be confronted with all kinds of practical consequences. If you have HIV, you will have to make important decisions about your HIV treatment, among other things. But you might also need to see other doctors, such as a company doctor or a dentist. It is important to know your rights and responsibilities in this connection, but also those of your doctor. Being familiar with those rights and responsibilities will make you feel more confident.  |
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patient rights It is not always easy to maintain good contact with the doctor who is treating your HIV or with other doctors, especially when you have questions or doubts. You can often get rid of any problems by talking about them openly and honestly. In the Netherlands, the rights and responsibilities of both the patient and the person treating him or her have been established for the most part in the Medical Treatment Agreement Act (WGBO, 1995). In Belgium, patient rights are laid down in the Patients' Rights Act (2002). These laws make clear what patients can expect and what professional healthcare providers can and cannot do. A few important rights that have been laid down in the law are: the right to information (the healthcare professional who is treating you is required to inform you as completely and as well as possible so that you will be able to make sensible decisions about your treatment); the right to see what is in your medical file; the fact that you cannot be treated without your permission; the right to medical confidentiality (so that no information about your health can be given to anyone else, including your partner or family, without your permission); and the right to freely choose your doctor. Sites where you can read more about patient rights in the Netherlands (in Dutch): hivnet.org and handicap.nl, (Click on 'Wetgeving', then scroll down to 'Patiëntenrechten').
A site created by the Belgian government where you can find everything (in Dutch) about patient rights in Belgium: fgov.be.
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| access to care without residence papers Since the Benefit Entitlement (Residence Status) Act (Koppelingswet) went into effect in 1998, it has become more difficult for people who are living in the Netherlands without legal residency papers to gain access to the Dutch healthcare system. Illegal aliens are also excluded from the collective services. Nevertheless, you should be aware that you always still have the right to care that is medically necessary, and that you may not be refused such care. It is always best to make an appointment first with a family doctor. He or she can then refer you to a more specialised doctor. There are various arrangements that ensure that medical bills will be paid if people are truly unable to pay their own bills. Family doctors and others who provide primary care to someone who has no legal status can appeal to the Koppelingsfonds (Health Financial Safety Net), a fund administered by Stichting Koppeling. Individuals (illegal aliens) do not have access to this fund themselves. All hospital budgets have an item called 'irrecoverable debts' or 'poor credit risk'. Any expenses that a hospital runs up for helping people who are illegal or uninsured are booked under this item. The client can obtain any prescribed HIV medication through a special form delivered by the pharmacist. The pharmacists, in turn, will be reimbursed through the Koppelingsfonds. For frequently asked questions about healthcare in the Netherlands for people who do not have documents of legal residency: FAQs.
In Belgium, too, people without residency papers who need a certain treatment can receive that on the basis of a Royal Decree that determines that they have a right to necessary medical care. People working at the AIDS Reference Centres are well informed about the procedure concerning medical care for people without a residence permit.
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| complaints about treatment If you are not satisfied about the treatment you receive, the best thing to do is to turn first of all to the person who is treating you. After that, there is always the possibility of going to the hospital's complaints commission. In practice, filing a complaint directly with the person who is treating you or at the hospital will lead to the most satisfying results for both parties.
First of all, you will need to decide what it is you want to achieve by filing a complaint. Do you want attention to be paid to the complaint in the form of an investigation, for example, or do you want redress and measures to be taken against the doctor or the institution, or do you want compensation?
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| complaint procedure in the Netherlands As a patient in the Netherlands, you can contact a Health Service Information and Complaints Office (IKG), an institution that is increasingly assuming the role of a centre where you can lodge complaints and get assistance. They can also advise you about the procedures to follow and refer you to a lawyer who is specialised in health matters or compensation. For a complaint concerning a dentist, you can turn to the Dutch Dental Association (NMT). To begin with, the NMT will attempt to mediate in the situation. If you are unsatisfied with the outcome of this mediation, you can begin a complaints procedure. |
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complaint procedure in Belgium In Belgium you can file a complaint about your treatment with an ombuds office. Every general hospital has an ombudsperson. Patients can get free support from an ombudsperson in terms of solving problems and handling complaints related to their admittance, treatment or stay in hospital. If you are not satisfied with the way the hospital's ombuds office has dealt with your complaint, you can file a complaint with the Federal Commission on the 'Rights of the Patient'.
Filing a complaint demands the efforts, time and sometimes even the courage of all those involved, including the patient. If you have questions about how to file or formulate your complaint, the Vlaams Patientenplatform vzw (Flemish Patients' Platform) will be happy to help you.
Sensoa is the official place to go with complaints of discrimination on account of HIV. In this connection, Sensoa works closely together with the Centre for Equal Opportunities and Opposition to Racism (CGKR). For questions about the Complaints Desk at Sensoa, you can contact: +32(0) 78 151 100. For more information about the Centre for Equal Opportunities and Opposition to Racism you can also check out their website: antiracisme.be
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