ETHICS PRE-FINAL Flashcards
In _________, the U.S. Congress enacted HIPAA, which required, among other things, the establishment of Standards for Privacy of Individually Identifiable Health Information.
August 1996
These standards, which have become known as simply the ________
Privacy Rule
Privacy Rule, added a major dimension to the need to treat medical records and information as _______
confidential
_______ was developed, with public comment and input, in the years after enactment of HIPAA.
Privacy Rule
HIPAA
Health Insurance Portability and Accountability Act of 1996
The final rule was issued in
March 2002
Updates to the Privacy Rule are likely to continue, making it ________ that the practitioner remain up to date with the latest requirements of the rule.
imperative
The primary goal of the ______ was to strike a balance between protecting individuals’ health information and not impeding the exchange of informa- tion needed to provide quality health care and protect the pub- lic’s health and well-being.1
rule
The ________ applies to all health care providers, health plan providers (with some exceptions, such as small employer plans with fewer than 50 participants administered solely by the employer), and health care clearinghouses.
Privacy Rule
_______ is an entity that processes insurance claims for payment.
health care clearinghouse
The practitioner in clinical practice need not be concerned with particular exceptions because, in most cases, basic patient confidentially requires a standard at least _____ to the strictest interpretation of the Privacy Rule.
equal
The basic goal of the ______ is to protect all “individu- ally identifiable health information,”
Privacy Rule
basic goal of the Privacy Rule is to protect all “individually identifiable health information,” commonly referred to as __________
protected health information
_______ includes any record or information that would or could identify or reveal (1) an individual’s past, present, or future physical or mental health or condition; (2) the provision of health care to the individual; or (3) the past, present, or future payment for the provision of health care to the individual.
Protected information
_____________ includes information in any format, which may include patient charts (electronic or paper), faxes, e-mails, or other records.
Protected health information
The ______ provides avenues for the normal and appropriate conduct of health care treatment and business for all “covered entities,” individuals, and organizations that have a legitimate need to access and use the information.
Privacy Rule
______ of the individual is not required for these covered entities.
Consent
RTs are required by their scope of practice to work under competent
______
medical supervision
_______ This requirement creates not only a professional relationship but also a legal one.
medical supervision
If the RT is employed by the physician, the physician is _______
liable for the RT’s actions
Under the laws of some states, the supervising physician may still be liable even if the RT is employed by the hospital where the legal theory involves a _____
failure to supervise
The legal basis for this liability is rooted in ______
centuries-old common law
Under modern law, an employer is deemed a master, and an employee is deemed a servant. This principle, sometimes called _______
vicarious liability
vicarious liability, is premised on this centuries- old concept expressed in Latin as _______
respondeat superior
respondeat superior
“let the master answer”
Under the ______ of medical supervision, the physician assumes responsibility for the wrongful actions of the RT as long as such negligence occurred in the course of the employer- employee relationship.
doctrine
For this liability to apply, two conditions must be met:
(1) the act must be within the scope of employ- ment, and (2) the injury caused must be the result of an act of negligence.
If the RT acted outside of his or her scope of prac- tice, as outlined by licensure laws or by institutional regulations, the court would have to decide whether the physician would _____
still be liable
under the principle of ________, the hospital, as a corporate entity, could be held responsible for the actions of its employees.
respondeat superior
Either the _______ is usually named as the defendant for the acts of the practitioner.
hospital or the physician
with the increased application of state licensure regulations governing respiratory care, and especially with the development of respiratory care protocols giving RTs more ______, this relative protection from liability is changing rapidly.
autonomy
As RTs are given more discretion and are permitted to exercise inde- pendent judgment, their decision making is likely to be more frequently called into ______
question in court
One measure of professionalism is the extent to which the group is willing to direct its own development and regulate its own activities.
Scope of Practice
_____ is carried out mainly through professional associations and state licensure boards, which attempt to ensure that professionals exhibit minimum levels of competence.
self-direction
Basic Elements of a Practice Act.
most acts address the following elements:
• Scope of professional practice
• Requirements and qualifications for licensure
• Exemptions
• Grounds for administrative action
• Creation of examination board and processes
• Penalties and sanctions for unauthorized practice
In _______ , there is always a clause specifying a scope of practice.
licensure legislation
The _______ give general guidelines and parameters for the clinician’s practice.
scope- of-practice statutes
Deviation from these statutes could be a source of ________ as the specialty seeks to add new duties.
legal problems
_______ must know the limits of their scope of care and seek amendments to the licensure regulations as they expand their practice.
Practitioners
Ideally, the original language of a licen- sure law should be broad enough to account for changes in practice without requiring _______
continual amendment
Continuing education and _______ of the practice act are essential to ensure compliance with both the statute and evolving rules of the practice act.
regular review
One unique area that allows practice without the direc- tion of a competent physician is that of rendering emergency medical care to _____
injured persons
_______ protect citizens from civil liability for any errors they make while attempting to give emergency aid.
Good Samaritan laws
Most states have legislated _______ statutes to encourage individuals to give needed emergency medical assistance.
Good Samaritan
It is necessary for this aid to be given in _____ and free of gross negligence or _______.
good faith /willful misconduct
__________ generally apply only to roadside accidents and emergency situations outside the hospital, although this is not always the case.
Good Samaritan rules
The ______ has sometimes been used by physicians inside a health care organization who respond to an emergency on a patient who is not their own.
doctrine
in California, the statute for RTs specifically extends protection only where the acts of the RT are “outside both the place and the _____
course of employment
A good example of the interaction of ethics and the law in respiratory care is the ______ of the field into home care and durable medical equipment supply.
diversification
This ______ has led to new relationships between these elements of the health care system and has created the potential for unethical and unlawful activity.
diversification
If a practitioner accepts some payment, such as a finder’s fee or percentage of the total lease costs for referring patients to a particular home care company or equipment service, he or she should be prepared to face charges of ________ and _____
unethical and perhaps illegal practice.
Generally, these statutes say that anyone who knowingly or willfully solicits, receives, offers, or pays directly or indirectly any payment in return for Medicare business is guilty of a ________
criminal offense
