ethics Flashcards
The “contact lens law”
was established by the FTCto regulate the release of CL RXes.
the CL RX must be released to the patient after the CL fitting is complete, regardless of whether the patient asks for the RX or not. The decision regarding when the CL fitting is complete is based on the necessity of Fusion and the judgement of the OD
applies to any type of CL, regardless of whether it is RXed to correct vision or for cosmesis. A CL RXer may be an OMD, OD, and in some states an optician
how long is a CL RX valid
for a min of 1 year, unless there isa medical indication for a shorter period of time. If a specific state has a law that says the contact lens RX is valid longer, the state law is upheld
If a patient orders CL from a third party (the seller), the seller must verify the CL RX in what fashion?
the RXer has 8 business hours to respond to communication from the seller to verify a CL RX. If the RXer does not verify the RX in this time frame, the seller can fill the CL RX WITHOUT attempting to contact the RXer a second time. The seller is not required to acknowledge receipt of a reply from a RXer. The seller may contact the RXer to verify a CL RX through fax, email, direct phone call, or an automated phone call
HIPPA
provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that is permits the disclosure of personal health information needed for patient care and other important resources. The Security Rule specifies a series of administrative, physical, and technical safeguards for covered entities to use to assure the confidentiality, integrity, and availability of electronic protected health information
the following groups are considered covered entities that must comply with HIPAA
healthcare plans
most healthcare providers
healthcare clearinghouses (an entity that receives and processes health information such as billing services)
the following groups are NOT considered covered entities and therefore are NOT required to comply with HIPAA
- life ensurers
- employers
- workers comp
- many schools and school districts
- many state agencies (CPS)
- many law enforcement agencies
- many municipal officers
healthcare working releasing healthcare info to an employer
a healthcare provider is legally prohibited from releasing a patients protected health information to an employer, unless the patient has authorized the healthcare provider release this information. A healthcare provider does not need to obtain authorization from the patient to release protected health information if it is for the purposes of tracking disease outbreaks (EKC) or to allow another provider or hospital to receive payment for providing care to the patient
what are the elements that are considered PHI
name SSN email phone number medical record number full face pic fax number postal address birth date account number health plan beneficiary number certificate/license numbers vehicle identifiers device identifiers and serial numbers URLs biometric identifiers internet protocol address numbers any other unique identifying number, characteristic, or code
during a job interview, what can and cannot be asked to a interviewee
by law an employer can not ask an interviewee about his marital/famil status, disability, birthplace, religion, race, sex, or age. In addition, the hiring process cannot be influenced by any of the above factors
The patient’s bill of rights and responsibilities 3 main objectives
- strengthen consumer confidence by assuring the health care system is fair and responsive to consumers needs, provides consumers with credible and effective mechanisms to address their concerns, and courages consumers to take an active role in improving and assuring their health
- reaffirm the importance of a strong relationship between patients and their healthcare professionals
- Reaffirm the critical role consumers play in safeguarding their own health by establishing both rights and responsibilities for all participants in improving heath status
non-malifencence
do no harm
autonomy
individuals right to make his own decisions
beneficence
is helping others
justice
relates to ensuring the distribution of goods and services is fair and that similar healthcare cases are treated equally
informed consent
informed consents does not always require written document that is signed by the patient. A simple consent may suffice for certain procedures that are low risk. For instance, a verbal explanation and consent is all that is required from a patient in order to proceed with a dilation; a written authorization is not required, although verbal consent should be documented in the chart. In contrast, informed consent for a high risk procedure such as surgery, is best provided in a written document that is signed by the patient
OD responsibility and referrals
once an OD makes a referral for a patient to a specialist, the specialist is responsible for the treatment of the patient. The OD may follow the progress of the patients treatment, but is not responsible for that treatment. The OD should provide a copy of the patient’s medical records to the specialist to assist in the timely and appropriate care of the patient
Stark Law
states that it is illegal for a healthcare provider for refer a medicare or medicaid patient to a designated health service in which the referring provider or a member of his immediate family has a financial relationship such as ownership or a compensation arrangement. However, there are exceptions to this rule
Anti-trust laws
protect the consumers from actions that restrain trade and maintain the free market economy. These laws are applicable to health care providers, including ODs. Specifically anti trust laws prohibit price fixing (ODs cannot collaborate to set their fees for optometric goods and services; The fees should ne independently determined for each office). It is also illegal for ODs to collaborate to boycott a particular business or supplier (the AOA cannot recommend avoiding a specific frame supplier)
ownership of patient records
an employee of a practice has no legal right to any patent records when the employee leaves the practice.
statue of limitations
the maximum time a person has to file legal actions
Good Samaritan law
protect people who try to provide care in an emergency when they do not have a duty to provide care
punitive damages
damages claimed when. the defendant displayed egregious behavior. These damages can also be rewarded if the actual damage were not sufficient to reflect the persons suffering
medical tribunal system
a tribunal that hears cases to determine if they have merit in order to discourage frivolous lawsuits
tort reform measures
includes reforms that limit punitive damages, lawyers, fees, and penalties for frivolous lawsuits
