AHS 421 CH-5 Flashcards
Abuse
willful infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain, or mental anguish to a patient.
Accreditation
Accreditation of a nursing facility by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).
Administrative law
rules and regulations formulated by the departments or agencies of the executive branch of government to carry out the intent of statutory law.
Admission agreement
contract that spells out the services a nursing home will provide and cost of these services
Advanced directive
written statement prepared by a competent individual indicating his or her desires for medical treatment in case the patient loses the capacity to make decisions.
Agent
Someone who is authorized to act on behalf of another, called a principal.
Assault
Threatening act in which physical contact need not occur, but the assaulted individual reasonably believes that the aggressor is capable of an imminent physical act.
Battery
action in which intentional touching occurs without consent from the other individual.
Breach of Contract
civil wrong involving the violation of a specific agreement between two or more parties.
(CON) certificate of need
state laws that require a state planning agency to approve building of a new facility or expansion of an existing one.
Certification
Federal authorization required for a facility to admit Medicare and Medicaid patients.
Civil law
body of laws governing private affairs
Common law
Case law; Body of legal principles and precedents that have been handed down in the form of court decisions.
Compensatory damages
damages awarded to make the person whole again
Competent
Someone who is of sound mind and legal age
Consideration
Something of value promised to another in exchange for something else of value.
Constitutional law
law based on the U.S. Constitution
Contract
legally binding agreement between two or more parties to carry out a legal purpose
Corporate law
statutes defining the rights and responsibilities of corporations
Corporation
legal entity that is entirely separate from its owners
Crime
offense committed against the general public
Criminal law
law that defines crimes and provides punishments for them
Deemed Status
medicare rule that a hospital accredited by Joint Commission is deemed to have met the Medicare certification criteria.
Defendant
party against whom lawsuit is brought
Distinct part
section of a nursing home that is distinctly certified from the rest of the facility.
(DNR) Do-not-resuscitate
advance directive in which person specifies that he or she does not wish to have heartbeat or beating restored in the event of of a cardiac or respiratory arrest.
Dual certification
federal certification that authorizes a facility to admit both Medicare (SNF) and Medicaid (NF).
(DPOA) Durable power of attorney
written document that appoints another individual to make decisions on behalf of a patient
Ethics committee
multidisciplinary forum that is generally called upon to make decisions in the patients best interest, particularly when avenues are not clear cut.
False imprisonment
Unlawful restriction of freedom.
Federalism
sharing of powers between the federal and state governments.
Federal preemption
federal laws supersede state and local laws
Felony
crime of a serious nature.
Fraud
knowing disregard of the truth that results in harm.
General partnership
partnership in which there is no limit on the potential liability of the partners.
Good faith
a legal term that refers to actions that are generally consistent with how a reasonable person would act under similar circumstances.
Guardian
someone who is legally empowered and charged with the responsibility to make decisions in the patient’s best interest when the patient is not legally competent to act for him-or-herself.
ICF/MR
federal certification for Intermediate Care Facility for the Mentally Retarded.
Informed consent
the right of a patient to make an informed choice about medical care.
Injury
Physical, financial, or emotional harm.
Intentional tort
willful act that violates the rights or interests of others.
Liability
Potential damages ensuing from legal action
Libel
written false report intended to defame another person
Limited Partnership
partnership in which the individual liability of partners is limited to the extent of each partner.
Litigation
Legal action brought before a court of law
Living will
advance directive specifying a person’s wishes regarding medical treatment in the event this person becomes incompetent
Malice
Malicious intent. Knowingly doing something with the desire to cause harm.
Malpractice
negligence in the delivery of services according to accepted standards of care so that harm is caused to the recipient of care
Misappropriation of resident property
Deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a resident’s belongings or money without the resident’s consent.
Misdemeanor
crime that is of a less serious nature than a felony.
Neglect
failure to provide to a patient goods and services necessary to avoid physical harm, mental anguish, or mental illness.
Negligence
failure to exercise the degree of care that a reasonable person would have exercised in similar circumstances.
NF
Federal certification which authorizes a facility to admit Medicaid patients.
Noncertified
facility that is not certified to admit Medicare and/or Medicaid patients
Nonprofit
a form of ownership in which the entity must serve a charitable purpose in exchange for tax-exempt status
Ordinances
laws passed by the local governments
Partnership
a type of private ownership described as an association of two or more individuals or organizations for the purpose of conducting business for profit.
Plaintiff
one who brings legal action by filing a complaint with a court
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NF
Federal certification which authorizes a facility to admit Medicaid patients.
Noncertified
facility that is not certified to admit Medicare and/or Medicaid patients
Nonprofit
a form of ownership in which the entity must serve a charitable purpose in exchange for tax-exempt status
Ordinances
laws passed by the local governments
Partnership
a type of private ownership described as an association of two or more individuals or organizations for the purpose of conducting business for profit.
Plaintiff
one who brings legal action by filing a complaint with a court
Privacy
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