Federal Medical Abuse Recourse Act (FMARA)

Health
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Federal Medical Abuse Recourse Act (FMARA)

An Act to establish a federal process enabling citizens to pursue legal recourse for medical abuse claims, with an escalation mechanism in cases where state medical boards do not address such claims adequately. This Act ensures comprehensive protection across all healthcare fields, fair consideration, and due process, upholding high standards for the protection and well-being of patients.

Section 1. Purpose and Scope

This Act establishes a federal system to protect patients’ rights and uphold healthcare accountability by enabling citizens to seek recourse for medical abuse when state medical boards decline or inadequately address claims. The Act applies to all healthcare services, including but not limited to mental health practices, psychiatric care, experimental treatments, and allopathic care (defined as traditional, science-based medical practices focused on diagnosing and treating diseases through medication, surgery, and other physical interventions).

Through this Act, patients receive protection and avenues for justice across all forms of healthcare, ensuring an independent federal review and appropriate action against medical abuse.

Section 2. Definitions

  • Healthcare Services are defined as all services provided by licensed or certified individuals or entities aimed at the prevention, diagnosis, treatment, management, or rehabilitation of physical and mental health conditions. This includes:
    • Allopathic Medicine: Traditional, science-based medical practices focusing on diagnosing and treating diseases through medication, surgery, and physical interventions.
    • Mental Health Practices: Services provided by psychologists, counselors, and therapists aimed at treating mental health conditions through therapy, counseling, and non-pharmacological interventions.
    • Psychiatric Care: Medical services provided by psychiatrists involving diagnosis, treatment, and prevention of mental, emotional, and behavioral disorders, often through pharmacological management.
    • Experimental Treatments: Investigational therapies, including clinical trials and innovative medical technologies.
    • Alternative and Complementary Medicine: Practices used in place of or alongside conventional medicine, including acupuncture, chiropractic care, naturopathy, and herbal medicine.
    • Holistic Care: An approach addressing physical, emotional, social, and spiritual needs, often integrating various therapeutic practices.
    • Rehabilitative Services: Physical therapy, occupational therapy, speech-language pathology, and other services helping individuals regain or improve abilities lost due to illness or injury.
    • Preventive Care: Services such as routine check-ups, screenings, immunizations, and patient counseling aimed at preventing health problems.
    • Palliative and Hospice Care: Specialized care providing relief from symptoms and stress of serious illnesses, improving quality of life for patients and families.
  • Medical Abuse refers to any act or omission by a healthcare provider that results in harm or potential harm to a patient. This includes but is not limited to:
    • Intentional Harm: Actions intended to cause physical, mental, or emotional harm to a patient.
    • Gross Negligence: Failure to exercise the standard of care expected in the healthcare field, resulting in severe risk or harm to the patient.
    • Violation of Patient Rights: Ignoring or infringing upon a patient’s legal and ethical rights within healthcare settings.
    • Doctor-Patient Abandonment: Unjustified termination of the doctor-patient relationship without adequate notice, referral, or access to necessary care, leaving the patient without timely access to alternative care.
    • Medical Privacy Violations: Unauthorized access, disclosure, or mishandling of a patient’s medical information, violating patient privacy laws, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA).
    • Unethical Conduct: Behavior by a healthcare provider that breaches professional standards, undermines patient trust, or compromises the integrity of healthcare services.
    • Fraudulent Misrepresentation: Providing false information about treatment efficacy, risks, or costs that misleads the patient.
    • Endangerment: Any practice that places the patient’s physical or mental well-being at risk, including through medical, psychiatric, mental health, or experimental practices across healthcare fields.

Section 3. Right to Federal Appeal

  • Eligibility: Any claimant whose medical abuse complaint has been declined, dismissed, or unresolved by a state medical board or equivalent regulatory body is eligible to appeal at the federal level.
  • Appeal Body: Appeals are to be submitted to the Federal Healthcare Abuse Oversight Committee (FHAOC) within the U.S. Department of Health and Human Services.

Section 4. Federal Healthcare Abuse Oversight Committee (FHAOC)

  • Composition:
    • The FHAOC will be composed of legal experts, medical doctors, mental health professionals, alternative medicine practitioners, patient advocates, ethicists, and public health officials.
  • Functions:
    • Investigation: Conduct impartial investigations into allegations of medical abuse across all healthcare services.
    • Hearings: Organize and conduct formal hearings, allowing both claimants and healthcare providers to present evidence and testimony.
    • Determinations: Decide the validity of claims and recommend remedies or penalties.
    • Policy Development: Advise on and develop national standards for healthcare accountability.
  • Transparency: Publish annual reports detailing cases reviewed, outcomes, and recommendations, ensuring that findings and actions are accessible to the public.

Section 5. Escalation Process

  • Step 1: Initial Complaint Submission:
    • The claimant files a complaint with the appropriate state medical board or regulatory body following state procedures.
  • Step 2: State Board Decision:
    • If the state board declines to proceed or fails to resolve the claim within six months, the claimant is eligible to appeal at the federal level.
  • Step 3: Federal Appeal Submission:
    • The claimant submits the appeal to the FHAOC within 90 days of the state board’s decision or lapse in action.
  • Step 4: Preliminary Review:
    • The FHAOC conducts a preliminary assessment to determine the completeness of information and if the claim warrants full investigation.
  • Step 5: Full Investigation and Hearing:
    • If the case proceeds, a formal investigation and hearing are conducted. Both parties may present evidence and access legal representation.
  • Step 6: Determination and Action:
    • The FHAOC issues a written decision with findings, conclusions, and recommended actions or penalties.

Section 6. Due Process Protections

  • Fair Hearing Rights: All parties are entitled to a fair and impartial hearing.
  • Representation: Parties may be represented by counsel or an advocate of their choice.
  • Evidence Access: Parties have access to all evidence and can cross-examine witnesses.
  • Timeliness: The FHAOC adheres to timelines to prevent delays in case resolution.

Section 7. Remedies & Penalties

  • For the Claimant: Financial compensation, corrective healthcare services, and counseling support are available as remedies.
  • For the Healthcare Provider: Disciplinary actions including license suspension, fines, and referrals for criminal prosecution are among the potential penalties.
  • Systemic Remedies: Policy recommendations and mandates for systemic improvements can be issued to prevent future occurrences.

Section 8. National Standards for Healthcare Accountability

  • Establishment of Standards: Develop national standards for healthcare conduct and ethics, regularly updated to reflect advances in healthcare.
  • Uniform Enforcement: Ensure consistent application of standards across all states and territories in collaboration with state boards.

Section 9. Whistleblower Protections

  • Protection from Retaliation: Whistleblowers reporting medical abuse are protected against retaliation.
  • Encouragement of Reporting: Confidential reporting channels are available, ensuring the safety of whistleblowers.

Section 10. Public Awareness and Education

  • Educational Campaigns: Launch nationwide campaigns to inform the public about their rights, recognizing medical abuse, and the process for filing complaints.
  • Resource Accessibility: Provide resources in multiple languages and formats, with assistance through hotlines and help desks.

Section 11. Review and Evaluation

  • Periodic Audits: Conduct independent evaluations of the FHAOC’s effectiveness every three years, with reports submitted to Congress.
  • Stakeholder Involvement: Engage patient advocacy groups, professional associations, and stakeholders for continuous feedback.

Section 12. Comprehensive Coverage Provisions

  • Inclusivity Clause: The Act applies to all healthcare providers regardless of setting, including hospitals, clinics, private practices, and telehealth.
  • Emerging Practices: The Act includes provisions for emerging healthcare practices and technologies to maintain relevance.
  • Interdisciplinary Coordination: Promote collaboration across healthcare disciplines to prevent accountability gaps.

Section 13. Data Privacy and Confidentiality

  • Compliance with Privacy Laws: All records and proceedings comply with HIPAA and federal and state privacy laws.
  • Confidential Handling of Information: Protect claimants’ identities and personal health information through secure storage and limited access.

Section 14. Funding and Resources

  • Federal Funding Allocation: Ensure adequate funding to support FHAOC operations and public education.
  • Resource Development: Invest in training for FHAOC staff and use technology for efficient case management.

Section 15. Collaboration with State Entities

  • Information Sharing: Establish protocols for sharing information between federal and state agencies, respecting privacy laws.
  • Support for State Boards: Provide training and resources to state boards to enhance their ability to handle abuse complaints effectively.
  • Override Provisions: In cases where state boards are non-compliant or ineffective, the FHAOC has the authority to supersede state decisions.

This policy ensures that individuals have access to a robust federal mechanism for addressing medical abuse across all areas of healthcare. The FMARA provides a systematic approach for fair and timely resolution, holding healthcare providers accountable and promoting national standards of care.