ch 4 ethics and law

Question 1

Torts

Unintentional torts (harm was not intended)

Answer 1

Negligence is an unintentional wrong.
Malpractice is negligence by a professional person.

Question 2

Torts

Intentional torts (acts meant to be harmful)

Answer 2

Defamation is injuring a person’s name or reputation by making false statements to a third person.
Libel and slander

Question 3

Torts

False imprisonment is the unlawful restraint or restriction of a person’s freedom of movement including:

Answer 3

Threatening to restrain a person
Restraining a person
Preventing a person from leaving the agency

Question 4

Protecting Privacy

Invasion of privacy

Answer 4

is violating a person’s right not to have his or her name, photo, or private affairs exposed or made public without giving consent.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the privacy and security of a person’s health information.

Failure to comply with HIPAA rules can result in fines, penalties, and criminal action including jail time.

Question 5

Protecting Privacy

Fraud

Answer 5

is saying or doing something to trick, fool, or deceive a person.

Question 6

Protecting Privacy

Assault

Answer 6

is intentionally attempting or threatening to touch a person’s body without the person’s consent.

Question 7

Protecting Privacy

Battery

Answer 7

is touching a person’s body without his or her consent.

Question 8

OBRA Requirements

OBRA Requirements

Answer 8

Agencies cannot employ persons who were convicted of abuse, neglect, or mistreatment.
If abuse is suspected within the center:
The incident is reported at once to the administrator and other officials as required by federal and state laws.
All claims of abuse are thoroughly investigated.
The center must prevent further potential for abuse while the investigation is in progress.
Investigation results are reported to required officials.
Corrective actions are taken if the claim is found to be true.