Healthcare Law

Question 1

Health care law

Answer 1

is the collection of laws that have a direct impact on the delivery of health care or on the relationships among those in the business of health care or between the providers and the recipients of health care.

Question 2

Legislation

Answer 2

is the process of introducing, adopting, changing, or repealing law

Question 3

Regulation

Answer 3

is the process of putting laws into action through the establishment of rules.

Question 4

Litigation

Answer 4

is the process of seeking help through the courts to address a perceived wrong

Question 5

prescriptive law

Answer 5

must be done

Question 6

proscriptive law

Answer 6

must NOT be done

Question 7

healthcare law

Answer 7

the collection of laws that have a direct impact on the delivery of health care or on the relationships among those in the business of health care or between the providers and recipients of health care.

Question 8

processes are interwoven or braided together to continually revise and refine the law

Answer 8

scope of healthcare law: legislation, litigation, regulation

Question 9

federal laws

Answer 9

highest source of law and trump all state or local laws

Question 10

The Tenth Amendment, states

Answer 10

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Question 11

The Tenth Amendment pertaining to health care means

Answer 11

power to license professionals, provide and regulate public education, and provide for public health and safety

Question 12

judiciary

Answer 12

cases decided by a judge- involving validity of the law in question

Question 13

statutory law

Answer 13

laws that have been enacted by a legislative body

Question 14

precedents

Answer 14

what have courts decided to do in similar situations in the past

Question 15

example of a Major attribute

Answer 15

law or rule that defines the expected behavior of persons in the business of health care or in health care relationships.

Question 16

minor attribute

Answer 16

the law or rule may have a financial or other incentive attached to encourage compliance

Question 17

five major concerns that form the basis for health care law

Answer 17

1) oversight of the quality of health care
2) control of the cost of health care
3) assurance of equitable access to health care
4) Protection of the person of the patient
5) the structuring of business relationships among the institutions and professionals that provide health care

Question 18

tort law

Answer 18

cases of negligence, including malpractice

Question 19

routine admission forms and consent forms

Answer 19

represent a contract

Question 20

criminal penalties

Answer 20

purposeful breaches of protected health info (HIPAA)

Question 21

Property law

Answer 21

protection of persons property

Question 22

state board of nursing regulates nursing practice (5)

Answer 22

Establishing the requirements to obtain a nursing license
Issuing nursing licenses
Determining the scope of practice
Setting minimum education standards
Managing disciplinary procedures

Question 23

details of the practice of nursing are found in

Answer 23

the scope of practice (each state)

Question 24

COBRA

Answer 24

in an emergency situation pt must be stabilized prior to transfer…. also in the event of termination a person may still have group insurance through employer

Question 25

pt self determination act

Answer 25

give pt info regarding advance directives…. advise pt of their right to participate in medical decision… always document.

Question 26

advance directives

Answer 26

medical power of attorney and living will

Question 27

HIPAA

Answer 27

intended to eliminate prejudices of preexisting medical conditions… privacy provisions were also included in the bill

Question 28

Affordable care act

Answer 28

preexisting conditions are able to get affordable insurance… insurance exchanges (accessible/affordable) for small business and individual… elimination of co pays for preventive care

Question 29

ACA most controversial provision

Answer 29

Every american have minimum essential health insurance

Question 30

anti kick back law

Answer 30

prohibiting gifts or compensation for promoting the services of another

Question 31

practice acts, licensing laws

Answer 31

establish the requirements necessary to obtain a license and the scope of practice for those with that license

Question 32

scope of practice

Answer 32

what you can and what you cannot do

Question 33

promoting public’s health

Answer 33

immunizations requirements, providing surveillance and treatment for certain infectious diseases, food for public is clean and sanitary, proper buildings

Question 34

statutory law

Answer 34

designate who can consent for a pt if the pt has not designated someone

Question 35

battery

Answer 35

purposeful, unwelcome, harmful touching of another

Question 36

performing a procedure without patient consent

Answer 36

could constitute battery

Question 37

consent to be valid must

Answer 37

given by provider who will be performing procedure, include description, explanation of risks and benefits, discussion of any alternatives