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health care law > 12/3 > Flashcards

12/3 Flashcards

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1
Q

MGL chapter 111, section 70 F

was what

A

THE MAss HIV TESTING STATUTE: MGL CHAPTER 111, SECTION 70F

legal sources of privacy protection
this law provides that a physician, healthcare provider, or healthcare facility may not do the following without first obtaining a persons WRITTEN INFORMED CONSENT
three things -
1. test a person for HIV
2. reveal to third’s paties that a person took an HIV test
3. disclose to third parties the results of a person’s HIV test

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2
Q

only time you release an ORIGINAL PATIENT FILE

A

subpoenas

  • but remember the HIV patient
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3
Q

federal law - people with HIV are protected under which federal law

A

1 the americans with disabilitites act - 1990

  1. rehabilitation act of 1973
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4
Q

section 504 of federal rehab act of 1973

A

if violate that – monitary damages can be awarded

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5
Q

americans with dsabilitites act of 1990

A

elimination and descrimination against people with disabilitites, including people with HIV

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6
Q

americans with dsabilitites act of 1990

A

elimination and descrimination against people with disabilitites, including people with HIV

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7
Q

additional precautions with HIV patients

A

be careful only if do this ffor everyone

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8
Q

American disabilities act titles

which titles cover dentist?

A

I II and II
- prohibits discrimination against people with disabilities under:

dentists under 1 = employers
uner III - private business and “places of public accommodatin”

title I - employers may not discriminate against employees

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9
Q

walk from waiting room to exam room should not include

A

dialogue about patients presentation that day / medical condition

THIS IS A PUBLIC AREA
- may get confidential informtion

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10
Q

different times for HIV patients?

A

NO - discrimination

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11
Q

Ethics references

A

ADA Code

- discrimination of people with certain diseases

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12
Q

state law MGL Chapter 272 Section 98 is

A

State Law: Public Accomodation

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13
Q

State Law: Public Accomodation

A

MGL Chapter 272 Section 98

this prohibits disciination based on a persons disability in access to or treatment in a place of public accommodation

any business or service establishment that is open to the public and accepts public patronage

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14
Q

MAss HIV testing statute

A

MGL chapter 111 section 70F

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15
Q

type of consent with HIV -

A

SPECIFIC consent

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16
Q

T/F a release for HIV related information must state the purpose for which the information is beig requested

A

TRUE

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17
Q

exceptions to the HIV testing statute

A

NO – there are no exceptions sto the requirement of specific written informed consent, for an HIV test or the release of HIV-related inforrmation, including an emergecy or an occupational exposure to a patients blood

18
Q

there must be an opportuity to withdraw the consent at any time without penalty?

A

true – this should be written into the consent

19
Q

a witness signature needed with the consent?

A

may be prudent - not requirement

20
Q

strategies to reduce the risk of liability for privacy violations

A
  1. train all staff and employees on privacy law
  2. if possible, segregate sensitive information from general medical information and limit access
    - like front desk may not have access to medical history
  3. create your own medical records or information release form . make sure every record which goes out is inspected
  4. be weary of subpoenas. Conslt an attorny , consult your patient, get permssion to talk to your patients attorny . prudent to err on the side of requesting an HIV specific release
21
Q

only time you release an original copy?

A

subpoenas

22
Q

obliation even if dentist doesnt have actual HIV test result

A

yes - still legal obligation to protect confidential HIV - related patient information

23
Q

two disability discrimination laws

A

federal!

  1. the americans with disability act of 1990
  2. the rehabilitation act of 1973

**People with HIV are protected under these federal laws

24
Q

Definition of disability

A
  1. a physical or mental impairment that substantially limits one or more of the major life activities of such individual
  2. a record of such impairment
  3. being regarded as having such impairment - this “regarded as” protects individuals with asymptomatic HIV even if they are not limited in any major life activity, but are excluded from services based on the negative perceptions or reactions of others to their physical impairment
25
Q

asymptomatic HIV covered

A

yes

26
Q

what constitutes discrimination

ADA example?

A

failure to give a person with a disability the equal opportunity to use or enjoy the public accomodations goods, services, or facilities

ADA example
- a dentist who categorically refused to treat all persons with HIV or AIDs

27
Q

who must follow section 504

A

if recieve federal funds

28
Q

section 504 part of

A

federal rehabilittion act of 1973 – this section was added in 1987

prohibits the discimination against people with disabilities from agencies or programs who receive FEDERAL FUNDS
- including private dental or medical offices and hospitals that accept medicare or medicaid

all programs and employees are covered by the rehabilitation act

29
Q

these laws enforced?

A

yes plantiffs may obtain injunctive relief, emotional distress, and other compensatory damages

punitive damages may be awarded in the jury’s discretion to “deter egregious disciminatory conduct”

30
Q

major difference between rehabilitation act and disability act

A

extended disability discrimination protetion to private places of public accomodations

guarantees equal opportunity for individuals with disabilities in public accomodations, employment, transportation, state and local government services, and telecommunications

31
Q

eligibiltiy criteria

A

illegal

- cant establish this – these tend to screen out persons who have tested positive for HIV

32
Q

AwDA covers persons associated with people with HIV?

A

yes– it is illegal to deny equal services to persons who is known to have a “relationship” or “association” to a person with HIV, such as a spouse, partner, child, or friend

33
Q

deline based on percieved risk

A

no illegal

- cant refer out and say “have to see this pt.”

34
Q

require person to take HIV test?

A

no - illegal

35
Q

when can yu refer an HIV patient

A

like any other patient – if it extends outside your scope of practice

36
Q

special equipment necessary for providing routien dental care for HIV AIDS beyond universal precautions?

A

NO – would violate ADA

37
Q

double glove based on

A

procedure – not the patient

38
Q

more vulnerable to blood borne exposure

A

when you alter you routine / precautions

39
Q

CDC guidelines for

A

protect the providor

40
Q

cover by rehab act

A

must be getting federal funds

health care law (12 decks)

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