Chapter 4 and 5 Flashcards
Being free from unwanted intrusion
Privacy
the disclosing of private facts without the consent of the individual
invasion of privacy
who enforces HIPPA?
the HHS office for civil rights
what does HHS stand for?
department of health and human services
what does OCR stand for?
office for civil rghts
10 digit number given to covered healthcare providers and used for financial and administrative transactions
national provider identifier - NPI
There are how many standards of HIPPA..
four
created national standards that protect health records and other patient information. Main purpose is to define and limit situations in which a patient’s info can be used or disclosed. Also describes patients’ rights over their information
The HIPPA privacy rule
According to the HIPPA privacy rule, patients have the right to do the following three things:
- examine their health information
- obtain a copy of their health records
- request corrections to be made if the information is incorrect
When a provider is treating a patient for emotional or mental conditions, the provider can exercise professional judgement to determine if the records should be released to the patient. This as known as the..
doctrine of professional discretion
under HIPPA, which notes are treated to a higher level of confidentiality?
psychotherapy notes
these include the patient-provider details from mental health treatment, either from a private, group, or family therapy. They include what the patient stated during the session and the provider’s analysis of the patient’s statements and the situation
psychotherapy notes
substance abuse and ( ) content are also held at a higher level of confidentiality
HIV
What does GINA stand for and what did it do?
genetic information nondiscrimination act. It modified HIPAA by clarifying that genetic info is health info and prohibited the use and disclosure of genetic info by covered health plans
the security officer is responsible for creating and carrying out security policies and procedures. Potential risks to the ePHI must be identified. Cyber attacks pose a huge risk to network security
administrative safeguards
Facility, workstation, and device security must be implemented. A security officer must create procedures
Physical Safeguards
Only authorized employees should have access to ePHI. Safeguards include audits and encryption of data, among other things.
technical safeguards
Who is the HITECH Act enforced by?
OCR
what does HITECH stand for?
health information technology for economic and clinical health
contains provisions that increase the enforcement of the privacy and security of electronic transmission and health information.
the HITECH Act
The HITECH Act made business associates directly liable for compliance with..
HIPAA
The greater the violation, the greater the ( )
penalty amount
When HIPAA was modified through the HITECH act, ( ) notification requirements were increased.
breach
In 1938, the food and drug act was replaced by the ( ), which is still enforced today.
food, drug and cosmetic act
The ( ) is responsible for the afety, effectiveness, security, and quality of food, drugs, and cosmetics.
FDA
The controlled substances act has ( ) schedules of medications.
five
The DEA number has to be renewed every ( ) years.
three
What was the goal of the needlestick safety and prevention act?
to reduce the risk of healthcare workers’ exposure to bloodborne diseases
The ( ) states that any equipment that can pose a health danger must be considered a hazard.
general duty clause
A ( ) must be available for each chemical in the workplace.
safety data sheet
Under the ( ) standard, signs must be posted where x-rays are taken.
ionizing radiation
This standard addresses the exit routes in a building
means of egress
establishes quality standards and regulates laboratory testing. The quality standards focus on the accuracy, reliability, and timeliness of test results.
CLIA
The following federal agencies are involved in administering CLIA…
food and drug administration, centers for medicare and medicaid services, centers for disease control and prevention
state laws that provide legal protection for those assisting an injured person during an emergency
good samaritan laws
The Good Samaritan Law does not mean you cannot be ( ).
sued
This act requires most healthcare institutions to inform patients of their right to make decisions and the facility’s policies respecting advance directives.
Patient Self-Determination Act (PSDA)
This act served as a guide for state lawmakers to create their own laws that define death.
Uniform Determination of Death Act (UDDA)
This act was to make organ donation easier for people
Uniform Anatomical Gift Act (UAGA)
This act established the organ procurement and transplant network (OPTN) and also established a national registry for organ matching
National Organ Transplant Act (NOTA)
What does AKS stand for?
Anti-Kickback Statute
Since 1972, this federal statute has prohibited intentionally receiving or giving anything of value to get referrals or generate federal healthcare program business
anti-kickback statute (AKS)
Prohibits a person from submitting false or fraudulent Medicaid or Medicare claims for payment
False Claims Acts (FCA)
prohibits a provider from referring a medicare patient for services to a fcility with which the provider or the provider’s immediate family has a financial relationship
Stark Law or Physician Self-Referral Law
revised in 2010, it prohibits intentionally defrauding any healthcare benefit program
Healthcare Fraud Statute
Also called the Wagner Act of 1935. It gave the right to most workers to organize or join a union.
National Labor Relations Act
prohibits employment discrimination based on color, race, gender, religion or national origin
Title VII of the civil rights act of 1964
prohibits discrimination in employment practices based on physical or mental disabilities. This act applies to federal employees that are federal contractors (provide services to the federal govt).
Rehabilitation Act of 1973
prohibits employment discrimination against qualified persons with disabilities
Title I and Title V of the ADA of 1990
provides punitive damages in cases of intentional employment discrimination
civil rights act of 1991
created a payroll tax that requires a deduction from a person’s paycheck. Partly funds the SS program and a portion of Medicare
Federal insurance contribution act (FICA) of 1935
prohibits child labor and also provides overtime pay and a minimum wage
fair labor standards act of 1938
provides unpaid leave time for maternity, adoption, or caring for ill family members
family medical leave act of 1991 (FMLA)
expanded the meaning and interpretation of the definition of disability. People with cancer, ADHD, epilepsy, learning disabilities and diabetes are now included.
ADA Amendment Act
True or False: prevention and management are the same.
false
true or false: risk management is not preventing all risk.
true
this is my person
medical power of attorney
this is my preference
living will
two parts of an advance directive-
living will and medical power of attorney
a group composed of members from a variety of disciplines that analyze ethical issues
ethics committee
a developing organsism from the moment of conception to 8 weeks
embryo
rod-shaped structures found in the cell’s nucleus. They contain genetic information
chromosomes
creating something thats identical
cloning
an immature ovum (egg)
oocyte
sperm and egg cells
germline cells
