Ethics Quiz 3,4,5 Flashcards
bioethics
field of study examining ethical dilemmas surrounding advances in bioscience and diagnostic and treatment procedures
informed consent
subjects must be fully informed of risk and give full written consent
blind study
patients do not know whether they are receiving the placebo or the new agent
Why can blind studies be looked at as unethical?
Because placebo patients are not receiving medication for a significant period of time
To avoid conflict of interest:
- drug companies or shareholders cannot participate if they will profit from sale or production of product
- physician should not be part of the tracking process for his or her own medical theory
voluntary sterilization
- providers must use screening and detail issues of consent; ensure patient’s understanding that procedure is permanent
involuntary sterilization
-performed in the past on patients deemed unfit mentally and/or had a severe genetic disorder
Contraception and Abortion
- religious beliefs contribute to debate
artificial insemination
-commonly used for patients who can’t conceive
-rarely an issue when performed for a couple where donor is known
-some situations can alter individual consent:
- frozen sperm from deceased husband
- donor sperm is not from partner; partner did not consent
in vitro fertilization
ova and sperm combine and grow outside the womb; fertilized ovum is implanted in uterus
disposal of unused fertilized eggs is an issue for consent
both parties must indicate their preference as to whether the eggs should be disposed of or saved for potential future use
surrogacy
woman agrees to have a child for another couple; may carry already fertilized embryo; may use her own ovum or a donor ovum; can lead to custody battles
conscience clause
refusal to perform a legal role or duty due to personal beliefs; allows healthcare professionals to refuse to perform certain services
gene research and gene therapy
finding ways to manipulate our existing genes to identify specific diseases and conditions
stem cell research
duplicating or growing stem cells from human embryos and other tissues
the human genome project
map the genetic code of DNA; identify, treat, and/pr prevent diseases and disorders that are genetically transmitted
Is it legal to offer financial incentives to increase donation or organs?
No, illegal in the United States because it can lead to coercion or misuse; if it was allowed it could reduce organ shortage
organ allocation
waitlist for transplant because of organ shortage; utility, justice, and respect
emotional intelligence
ones ability to perceive, understand, reason with, manage emotions
high emotional intelligence
work well on teams and are more flexible in dealing with change
employee handbook
outlines policies and procedures; can be considered a binding contract
What should the employee handbook help with?
resolving disputes before they occur, protecting employer and employee from misperception and potential litigation
What should the employee handbook include?
steps for firing and hiring; policy for advancement
employment-at-will
either party may discontinue employment at any time ; NY or NJ most of the time
due process
an employee has the right to require that all specified procedures outline in the handbook are followed
Family Medical Leave Act
requires employers with 50+ employees to allow 12 weeks of unpaid leave for certain circumstances
Patient Protection and Affordable Care ACT
requires employers to meet certain criteria with regard to offering health insurance for employees who work 30+ hours a week; includes nondiscrimination in health programs and activities rule
Occupational Safety and Health Act
employer is responsible to ensure all areas are safe for employees and patients; created OSHA
Worker’s Compensation
insurance to cover medical costs and wage replacement for employees injured on the job; insurance provided by the state; very important that an employee report the injury immediately
workplace violence
any threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that causes fear for personal safety in the workplace
qui tam
“who as well”; a term used to describe a private citizen who exposes and sues a company or organization for violating the law and/or breaching contract; whistle blower
False Claims Act
allows a private citizen to sue an individual or business who is committing fraud against the government
Americans with Disabilities Act
1990; individuals must receive accommodations if necessary; it prevents discrimination because of disability in pursuit of employment, education, or access to public places
Civil Rights Act and Equal Employment Opportunity Act
required that all persons be treated equally and be given the same opportunities for employment and advancement
Illegal Interview Questions
age, religion, race/color, children/daycare issues, height/weight, disability, arrest record, maiden name
Lawful questions
languages, birthplace, marital status, citizenship, organizations, military
fair debt collection practices act
prohibits deceptive or abusive practices in the collection of consumer debts
fair credit reporting act
prohibits inaccurate information on credit reports
consumer credit protection act (1968)
requires providers to be upfront about fees and finance charges
fair credit billing act
requires prompt written response to billing complaints and investigation of errors
sexual harassment
intimidation of another or unwanted advances or sexual comments that cause another person to feel uncomfortable
quid pro quo
requests for sexual favors
eocc guidelines provide:
victim should make it clear that the actions are unwanted; if harassment doesn’t stop victim should inform management
Patients Bill of Rights (AHA)
right to respectful care
right to receive current, relevant and understandable information
right to know the identity of everyone involved in their care
right to make decisions about the plan of care prior to undergoing treatment
right to privacy
office of the inspector general (OIG)
functions under the department of justice, investigate and protect the integrity of the department of health and human services
medical practice act
provides laws that govern stop or practice and licensing requirements
compliance plan
written set of policies and procedures for how an organization will operate and conduct itself in an ethical and compliant manner
compliance officer
ensures policies and procedures are being obeyed and violations are addresses appropriately
fraud (criminal)
intention act to misrepresent facts or mislead in order to gain financially
abuse (criminal)
reckless disregard or conduct that goes against acceptable business and/or medical practices resulting in greater reimbursement
False claims act
crime for an individual or organization to knowingly create a false record or submit a false claim to a federal government payer
stark law
physical self-referral law; intended to prevent physicians from gaining financially from referring patients to a provider that would then benefit that physician
anti-kickback statute
prohibits exchange or offer to exchange anything of value in an effort to induce or reward business referral in federal healthcare programc
criminal health care fraud statute
prohibits knowingly and willfully executing, or attempting to execute, a scheme or artifice in connection with the delivery of or payment for health care benefits, items
Emergency Medical Treatment and Active Labor Act (EMTLA)
requires emergency rooms to provide appropriate medical screening to patients seeking treatment; only applied to emergency rooms that receive payment from federal health care programs
Clinical Laboratory Improvement Act (CLIA) of 1988
regulates all laboratory facilities for safety and specimens handling; accuracy and timeliness of testing
