Ch. 58 Flashcards
Laws
Enacted for purposes of regulating behavior and guiding conduct
Rule or a set of principles enacted by a government or agency that details how an individual or group must behave in a given circumstance
Prescriptive law
Defines something that must be done
Proscriptive
Prohibits something from being done
Health care law
Collection of laws that have a direct impact on the delivery of health care or on the relationships among those in the business of health care or between the providers and recipients of health care
Constitutional law
Creates the necessary authority to draft federal health care laws
Statutory (legislative) law
Important source
Laws enacted by a legislative body.
Administrative law and regulation
Protect a public interest and act as agents for the executive branches of the federal and state government
Tort law
Basis for liability of nurses, physicians and other health care providers
Civil tort
Action or omission that results in harm to a person
Common law
Role of judicial branch of gov
Statutory laws, applicable regulations, legal precedents are analyzed in the context of the situation under review
Contract law
Routine conditions of admission and consent forms represent a contract between the patient and the health care facility or the health care provider
Criminal law
Influenced health care laws, with felonies associated with insurance fraud, misrepresentation of qualifications, purposeful breaches of protected health information
Health policy
Goal or expected outcome and health care laws are the interventions that are intended to affect the expected outcome
Ethics
Framework or boundaries in which many of those policies and laws are made
Health care economics
Financial incentive to compel compliance with the law
Federal statutory laws
Social security act of 1965
Social security amendment of 1983
Emergency medical treatment and active labor act of 1986
Patient self determination act of 1991
Health insurance portability and accountability act of 1996
Patient protection and affordable care act of 2010
Americans with disabilities act of 1990
State statutory laws
Licensing boards/practice acts Immunizations Public health and safety Consent/statutory surrogates Advance directives Death with dignity or aid in dying Good Samaritan acts Cams conditions of participation for hospitals Practice acts Scope of practice
Torts
Negligence/malpractice
Standard of care
Breach of duty
Abandonment
Criminal liability
Insurance fraud
Active euthanasia
Sexual assault
Legislation
Process of introducing, adopting, changing, or repealing law
Regulation
Process of putting laws into action through the establishment of rules
Litigation
Process of seeking help though the courts to address a perceived wrong
