C810_Chpt_2-Check your Understanding

Question 1

What are the four sources of law in the US and how do they differ

Answer 1

1. Constitutional Law- Federal and state
2. Common Law-bases on traditions and customs aka judicial law, judge-made law, or case law)
3. Statutory (legislative) Law- written law established by federal and state legislatures, may be amended, repealed, or expanded by legislature
4. Administrative Law- the branch of law that controls the government’s agency, or administrative operations. Includes CMS.

Question 2

Compare the benefits and drawbacks of each of the types of discovery

Answer 2

1. Depositions- sworn statements
2. Interrogatories- formal questions
3. Requests for production- legal requests for documents from opposing party, includes metal or physical exam.
4. Subpoenas- directives to attend or respond to legal proceedings.
5. Motions for summary judgment- argue any facts remaining in dispute and that one or the other is entitles to a judgement. If granted case is over/no trial.
6. Preponderance of evidence- enough evidence in favor of the plaintiff to go to trial.

Question 3

What is the difference between public and private law

Answer 3

Public Law- Involves the government (at any level) and individuals or organizations. Purpose is to define, regulate, and enforce rights where the government is a party. Includes criminal, statutory, and administrative law which can be criminal or civil depending on how the statute or regulation is written.

Private Law- involves private entities or individuals, government is NOT a party. Includes TORTS (basis for medical malpractice cases), CONTRACTS, and PROPERTY issues.

Question 4

What is the difference between civil law and criminal law

Answer 4

Civil law- Addresses noncriminal legal matters and involves relationships among individuals, corporations, and government entities, and other organizations. MOST ENCOUNTERED IN HEALTHCARE.

Criminal Law- address crimes against public health, safety, and welfare. Include both conviction and punishment.

Question 5

What is the burden of proof required for most civil cases

Answer 5

The required degree of belief to support the purported claims, burden of proof varies based on the type of case.

Question 6

What is the burden of proof required in criminal cases

Answer 6

Burden of proof that the government must meet to establish guilt is BEYOND A REASONABLE DOUBT.

Question 7

What are the subsystems of government and how do they differ

Answer 7

1. Judicial system-enforces rights and obligations, judge and jury.
2. Legislative system- enacts laws through statues
3. Administrative system- controls governmental administrative operations through regulations

Question 8

What types of federal court jurisdiction are there

Answer 8

1. Subject matter jurisdiction- includes federal crimes ( racketeering/bank robbery) and constitutional issues (interpretations of the US Constitution).
2. Diversity Jurisdiction- parties do not live in the same state.

Question 9

Differentiate licensure and accreditation of healthcare organizations

Answer 9

LICENSURE: GOVERNMENT regulation that is MANDATORY
1. Develop standards that hospitals and other healthcare providers must meet
2. Issue licenses to hospitals and other healthcare providers that meet the standards
3. Monitor continuing compliance with the standards
4. Penalize hospitals and other healthcare ­providers that violate the standards
ACCREDITATION: offered through NONGOVERNMENTAL organization, NOT MANDATORY
1. Most common is Joint Commission for acute-care hospitals
2. Commission on Accreditation of Rehabilitation Facilities (CARF) outside of acute-care hospitals, such as long-term care.

Question 10

What are differences between the Privacy Act of 1974 and the FOIA

Answer 10

1. Under the Privacy Act of 1974, people have the right to learn what information has been collected about them; view and obtain a copy of that information; correct or amend that information; and maintain limited control over the disclosure of that information to other persons or entities. Its applicability in healthcare is limited to federal healthcare organizations such as the Veterans Health Administration.
2. The Freedom of Information Act (FOIA) of 1967 is a federal law through which individuals can seek access to information without authorization of the person to whom the information applies. The underlying premise of FOIA is government accountability and transparency. applies only to federal agencies so its applicability to healthcare organizations is generally limited to those owned and operated by the VHA and Defense Department.

Question 11

Assess the types of risks that the copy-paste function presents in EHRs. Determine which risk you believe is the most severe. Why do you believe this

Question 12

Legally, what factors must be taken into consideration when developing health record retention schedules? What ­factors should be taken into consideration? Distinguish internal factors and external factors

Question 13

Distinguish ownership of and access to the health record, whether it is paper, electronic, or hybrid

Question 14

There are a number of purposes that the health record serves. Evaluate each of these purposes relative to one ­another.

Question 15

Compare the two categories of liability issues presented relative to the EHR