To date, sixteen states have stood up and prohibited gag clauses from being present in health care contracts and even more states are considering joining in on the action. Massachusetts led the way to bar gag clauses in health care documents in order to provide protection to patients and uphold their rights regarding health care services. A gag clause or gag rule is a statement present in a legal contract which allows a physician or other health insurance provider to withhold from disclosing certain information or facts that could affect a patient’s decision about the medical care that they receive. When a doctor cannot divulge all pertinent information concerning a patient’s medical requirements, then this can negatively affect all parties involved.

The fact that so many states have decided to enact this legislation is a testament to the efficiency of organized health care. This movement will ensure that the rights of patients and the responsibilities of doctors will be followed to the letter. All physicians and medical providers should discuss all pertinent information that relates to a patient’s medical care. It only harms the patient when information is withheld and can result in a patient making a decision that is not beneficial to him or her. Enforcing gag rule laws will ensure that all parties comply with the rules and regulations of the state. The end goal to this act is to protect doctor/patient communication including such issues as treatment options, specialist referrals and recommendations, payment plans, and other financial concerns.

In addition to invading a patient’s rights, it is against a doctor’s ethics; they have an obligation to act in a way that promotes their patient’s best interests. Hopefully, these new laws will also reduce the risk of liability that physicians face regarding gag clauses. They can be found guilty of negligence if they fail to recommend specific medical treatments and services to their patients. This can be considered poor quality health care. As well, by not informing patients of every option that is available to them, a doctor can be found liable of not adhering to informed consent.

Gag clauses can often be difficult to identify because the wording in the contracts isn’t quite clear and can be misconstrued in many ways. Medical contracts are sometimes written in such a way that the layperson cannot properly decipher the true meaning. There may also be disagreements between lawmakers, medical providers, and patients as to what is considered to be a gag clause. When in doubt, always question any statement or clause that you are not sure of. Gag rule laws are in effect to protect patients from unethical behavior by physicians and health insurance providers.