final Flashcards
third amendment
freedom from unauthorized intrusion
privacy laws are based on…
- Information collection and stored about individuals should be limited to what is necessary to carry out the functions
- Once collected, access to personal information should be limited
- Personal information cannot be released outside the organization collecting it
- When information is collected about a person, that person should know the information being collected
Circumstances that led to HIPPA
- More time was being spent on administrative duties and less on patient care
- Managed care brought on more administrative duties for health care providers
- Increase medical malpractice and risk management issues threaten to put health care providers out of business
- Consumers of healthcare became unable to seek medical care due to the rising cost of medical care
covered entities
Any healthcare provider (hospitals, nursing homes, hospices, pharmacies, dental practices, chiropractors, etc)
HIPPA guarantees
- Workers can keep health insurance coverage when they change jobs
- Protects confidential medical information from unauthorized disclosure
- Helps curb the rising cost of healthcare fraud and abuse
Notice of Privacy Practices
written document that details a HCP privacy practices, what will happen with the patient information that is obtained during treatment
how many standards does HIPPA have?
4
- transactions and code sets
- privacy rule
-security rule
- national identifier standards
encryption
scrambles or encodes information before sending it electronically
business associate
conduct business on behalf of a covered entity, contract will verify that info is protected
code sets
using uniform codes for billing and record keeping
security
refers to those policies and procedures that are put in place to protect electronic PHI from unauthorized access
Protected Health Info for the public good
Child abuse
FDA
Law enforcement
Judicial proceedings
Workers compensation
Victims of abuse, neglect and domestic violence
Public health authority, communicable disease
wrongful discharge
no legal reason for firing an employee
conditions for sexual harassment to occur
- Submission to conduct is made either explicitly or implicitly a condition of an individual’s employment
- Submission to or rejection of conduct by an individual is used as a basis for employment decisions affecting such individual
- Conduct has the effect of interfering with an individual’s work performance or creating an intimidation working environment
Wagner Act of 1935
this law makes it illegal to discriminate in hiring or firing because of union membership or organizational activities
Title VII of the Civil Rights Act
this act makes sexual discrimination and sexual harassment illegal
Public Policy
the common law concept of wrongful discharge when an employee has acted for the common good
Family Medical Leave Act of 1991
- Applies to employers with 50 or more employees
- Allows employees to take unpaid leave time for certain conditions (Maternity, adoption, or ill family members)
MSDS Sheets
material safety data sheet for hazardous chemicals (have to be updated and each chemical needs its own)
OSHA’s major concern
safety in the workplace
Hazard Communication Standard
OSHA mandate that increases HCP’s awareness of risk, improving work practices, and appropriate use of protective equipment and reducing injury and illness in the workplace
law
rules of conduct enacted by government to keep society running smoothly
protocol
standard rules of etiquette applied to place of employment
Medical Practice Act
defines what is meant by practice of medicine in each state, explains requirements, methods and medical licensing boards and suspension
Code of ethics
govern behaviors of members, increase the level of competence and standards of care within the group
etiquette
standards of behaviors considered good manners, not enacted by the government
co-payment
a set amount that each patient pays for each office visit
certification
voluntary credentialing process, national scope, sponsored by private sector, signifies that an applicant has a certain level of knowledge and skill
plantiff
person bringing charges in lawsuit
misdemeanor
crime punishable by fine or by imprisonment in a facility other than a prison for less than one year (less serious)
felony
an offense punishable by death or by imprisonment in a state or federal prison for more than one year (more serious)
criminal law
law involving crimes against state/federal, protect members of the society from harmful acts, charges are brought by the government against a person
Informed Consent implies
Proposed modes of treatment
Why treatment is necessary
Available treatments and risks
Risks involved if treatment is refused
damages
legally recognizable injury to the patient
good samaritan act
waives consent in medical emergencies
medical information can be released when…
Insurance claims
Transfer to another physician
Use in a court of law
ownership of medical records
Owned by the facility that created them
Patient owns the information they contain
medical records
collection of data recorded when a patient seeks medical treatment
compensation is awarded to plaintiff based on…
- extent of injuries
- loss of income
- damage to reputation
statute of limitations
a suit cannot move forward if a certain period of time has elapsed
liability
competent adults are legally responsible for their actions on the job and in private lives
misfeasance
the performance of a lawful act in an illegal or improper manner
employers have liability for…
- grounds and buildings
- vehicles used for work purposes
- employee safety on the job
correcting errors when documenting
- Draw a line through the error so it is still legible
- Write above or below the line
- Date and time and initials
