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med law > final > Flashcards

final Flashcards

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1
Q

third amendment

A

freedom from unauthorized intrusion

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2
Q

privacy laws are based on…

A
  • 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
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3
Q

Circumstances that led to HIPPA

A
  • 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
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4
Q

covered entities

A

Any healthcare provider (hospitals, nursing homes, hospices, pharmacies, dental practices, chiropractors, etc)

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5
Q

HIPPA guarantees

A
  • 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
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6
Q

Notice of Privacy Practices

A

written document that details a HCP privacy practices, what will happen with the patient information that is obtained during treatment

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7
Q

how many standards does HIPPA have?

A

4
- transactions and code sets
- privacy rule
-security rule
- national identifier standards

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8
Q

encryption

A

scrambles or encodes information before sending it electronically

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9
Q

business associate

A

conduct business on behalf of a covered entity, contract will verify that info is protected

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10
Q

code sets

A

using uniform codes for billing and record keeping

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11
Q

security

A

refers to those policies and procedures that are put in place to protect electronic PHI from unauthorized access

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12
Q

Protected Health Info for the public good

A

Child abuse
FDA
Law enforcement
Judicial proceedings
Workers compensation
Victims of abuse, neglect and domestic violence
Public health authority, communicable disease

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13
Q

wrongful discharge

A

no legal reason for firing an employee

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14
Q

conditions for sexual harassment to occur

A
  • 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
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15
Q

Wagner Act of 1935

A

this law makes it illegal to discriminate in hiring or firing because of union membership or organizational activities

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16
Q

Title VII of the Civil Rights Act

A

this act makes sexual discrimination and sexual harassment illegal

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17
Q

Public Policy

A

the common law concept of wrongful discharge when an employee has acted for the common good

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18
Q

Family Medical Leave Act of 1991

A
  • Applies to employers with 50 or more employees
  • Allows employees to take unpaid leave time for certain conditions (Maternity, adoption, or ill family members)
19
Q

MSDS Sheets

A

material safety data sheet for hazardous chemicals (have to be updated and each chemical needs its own)

20
Q

OSHA’s major concern

A

safety in the workplace

21
Q

Hazard Communication Standard

A

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

22
Q

law

A

rules of conduct enacted by government to keep society running smoothly

23
Q

protocol

A

standard rules of etiquette applied to place of employment

24
Q

Medical Practice Act

A

defines what is meant by practice of medicine in each state, explains requirements, methods and medical licensing boards and suspension

25
Q

Code of ethics

A

govern behaviors of members, increase the level of competence and standards of care within the group

26
Q

etiquette

A

standards of behaviors considered good manners, not enacted by the government

27
Q

co-payment

A

a set amount that each patient pays for each office visit

28
Q

certification

A

voluntary credentialing process, national scope, sponsored by private sector, signifies that an applicant has a certain level of knowledge and skill

29
Q

plantiff

A

person bringing charges in lawsuit

30
Q

misdemeanor

A

crime punishable by fine or by imprisonment in a facility other than a prison for less than one year (less serious)

31
Q

felony

A

an offense punishable by death or by imprisonment in a state or federal prison for more than one year (more serious)

32
Q

criminal law

A

law involving crimes against state/federal, protect members of the society from harmful acts, charges are brought by the government against a person

33
Q

Informed Consent implies

A

Proposed modes of treatment
Why treatment is necessary
Available treatments and risks
Risks involved if treatment is refused

34
Q

damages

A

legally recognizable injury to the patient

35
Q

good samaritan act

A

waives consent in medical emergencies

36
Q

medical information can be released when…

A

Insurance claims
Transfer to another physician
Use in a court of law

37
Q

ownership of medical records

A

Owned by the facility that created them
Patient owns the information they contain

38
Q

medical records

A

collection of data recorded when a patient seeks medical treatment

39
Q

compensation is awarded to plaintiff based on…

A
  • extent of injuries
  • loss of income
  • damage to reputation
40
Q

statute of limitations

A

a suit cannot move forward if a certain period of time has elapsed

41
Q

liability

A

competent adults are legally responsible for their actions on the job and in private lives

42
Q

misfeasance

A

the performance of a lawful act in an illegal or improper manner

43
Q

employers have liability for…

A
  • grounds and buildings
  • vehicles used for work purposes
  • employee safety on the job
44
Q

correcting errors when documenting

A
  • Draw a line through the error so it is still legible
  • Write above or below the line
  • Date and time and initials

med law (5 decks)

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