Health Care Law

Question 1

Groups Health Care Law impacts

Answer 1

1) Health Care Providers
2) Health Care Workforce
3) Health Care Organizations
4) Payers and Payees
5) Consumers
6) Health Care Agencies

Question 2

Influences on patient ratios, practice acts, professional boards, licensure requirements, standards of care, malpractice insurance rate, etc.

Answer 2

Health Care Providers

Question 3

Influences on patient ratios, licensing, scope of practice / practice acts, confidentiality, privacy, delegation.

Answer 3

Health Care Workforce

Question 4

Influences on policies and procedures, restraint protocols, medical records access, liability, access to services, EMTALA, HIPAA, licensure

Answer 4

Health Care Organizations

Question 5

To bill within certain time frame, to bill period (cannot not bill for services if CMS participant), duty to pay for services rendered, contractual obligations

Answer 5

Payers and Payees

Question 6

Influences on rights to safe care, right to access care, right to privacy, right for informed consent, etc.

Answer 6

Consumers

Question 7

Influences on policies and procedures, restraint protocols, medical records access, liability, access to services, EMTALA, HIPAA, contractual relationships (medical group, hospital, insurers, etc.), licensure

Answer 7

Health Care Agencies

Question 8

Social Security Act of 1965

Answer 8

Established Medicare and Medicaid, the government sponsored health insurance plans for the elderly and poor.

Question 9

ADA (The Americans with Disabilities Act)

Answer 9

A broad civil rights statue that protects people with physical or mental disabilities. Prohibits discrimination in areas of employment, state and local government services, public accommodations, commercial facilities, and transportation. It also extensively protects individuals, both patients and health care employees, regarding HIV status, especially regarding whether the individual discloses his or her sero-status.

Question 10

EMTALA (The Emergency Medical Treatment and Active Labor Act)

Answer 10

The ‘anti-dumping’ law, requires that when an individual presents to a hospital with an emergency room for treatment, the hospital must conduct a medical screening within the facility’s capacity.

Question 11

Advance Directives

Answer 11

Include living wills, health care proxies, and durable power of attorney for health care reasons.

Question 12

Healthcare Proxies or DPAHC (A part of Advance Directives)

Answer 12

Included in living wills. The wishes in the event of a terminal illness or if a condition develops. (DNRs/ DNIs/ etc.)

Question 13

Uniformed Anatomical Gift Act

Answer 13

Allows for individuals to declare their choice of whether or not they would like their organs, up to and including the entire body, donated upon their death.

Question 14

HIPAA (Health Insurance Portability and Accountability Act)

Answer 14

The law specifies that privacy, which is the right to prevent personal information from being disclosed and confidentiality, which protects private patient’s information once it has been disclosed, must be honored.

Question 15

Restraints

Answer 15

Sometimes required to maintain a patient’s safety or the safety of others in the event of physically assaultive patient.

Question 16

What are the 3 criteria for use of restraints?

Answer 16

1) LIP order
2) Less restrictive means were unsuccessful
3) To protect patient or others

Question 17

COBRA (Consolidated Omnibus Budget Reconciliation Act)

Answer 17

Allows an individual to retain his or her insurance even after s/he leaves employment with the company who provided such insurance coverage

Question 18

PPACA (Patient Protection and Affordable Care Act aka Obamacare)

Answer 18

Reshaped healthcare in a number of ways. It has expanded access to care by expanding insurance coverage options for Americans

Question 19

What is the Good Samaritan Laws

Answer 19

Protect nurses when/if they assist a person in need in the community in an emergency situation. The nurse is not held liable if s/he provides care consistent with his or her training, scope of practice, and experience and the person develops complications as a result of the nurse’s actions

Question 20

Does New Mexico make it a requirement for a nurse to assist in an emergency situation?

Answer 20

No

Question 21

Public Health

Answer 21

Laws are established for the promotion of the public’s health and safety.

Question 22

Uniform Determination of Death

Answer 22

Dictates under which circumstances are individuals considered to be dead

Question 23

What are the two distinct standards of Uniform Determination of Death?

Answer 23

1) Cardiac

2) Whole Brain

Question 24

Autopsy

Answer 24

Is a postmortem, or after death, examination of the body.

Question 25

Physician Assisted Suicide

Answer 25

The patient must have a terminal illness and must request assistance in writing.

Question 26

True or False: New Mexico allows Physician Assisted Suicide?

Answer 26

False

Question 27

Consent

Answer 27

Laws mandate that a patient provide informed permission for a procedure, such as surgery

Question 28

Tort Law

Answer 28

Shapes and defines our patient care quality parameters: -negligence, malpractice cases

Question 29

Constitutional Law

Answer 29

Of or relating to the system of beliefs and laws that govern a country : of or relating to a constitution

Question 30

Negligence

Answer 30

Is a tort law, meaning that it involves a civil wrong against a person or property

Question 31

Malpractice

Answer 31

Malpractice is a special type of negligence

Question 32

What 4 elements must be satisfied to be considered malpractice?

Answer 32

1) Duty
2) Breach
3) Harm
4) Causation