HEALTHCARE LAW AND REGULATION Flashcards
more respondant to public opinions?
house of representatives
function of legislative branch?
passes statutes
declares war
House of Representatives
asked how long are judicial terms for federal judges?
life long for judicial branch
appellate jurisdiction decides matters of ____?
law
original jurisdiction decides matters of _____?
fact
checks and balances?
this branch determines if constitutional?
judicial branch
checks and balances?
confirms members and overrides veto?
legislative branch
checks and balances?
appoints members and can veto?
executive branch
name the functions of the ACA?
must cover pre-existing conditions
dependent coverage until age 26
preventive services coverage
prohibitions against coverage caps
guaranteed issue and renewal
limits to rate increases
what society gets from tax exempt hospitals?
i.e.-in exchange for foregoing tax revenue from non profit hospital, what does society get in return?
community benefits, immunization research bureau
a part of net earnings going to a private shareholder is considered?
private inurement, tax exempt/503(c)(3) organizations
inurement equals?
benefit
this is found in the APMA code of ethics and arises when there is a divergence between an individuals private interests and his/her professional obligation?
conflict of interest (COI)
3 docs join a practice together and all contribute to same cause is an example of?
joint liability, you can just sue one person
3 docs join practice and all split rent, one doc doesn’t pay his share, and the other 2 aren’t responsible for it. This is an example of?
several liability
- a liability owed by two or more people
- each party is liable only for their share
what 3 parts make up a contract?
offer
acceptance
consideration
a breach of contract occurs when?
there is a violation of one or more of the terms of the contract
when the departure from the standard of care is so egregious that its not in doubt; the act speaks for itself
Res Ipsa Loquitur
employer placing blame of employee is an example of?
respondeat superior
- let the master answer
- hospitals can be negligent as well, ie.
- -negligent credentialing
- -failure to monitor quality of care
- -negligent care provided by an employee
explain the importance of timely and accurate charting with respect to medical malpractice?
medical necessity
facilitate billing
recollect memory
defend and justify tx
which is not an example of permitted disclosure?
know what a required disclosure is:
to individuals specifically when they request access to or an accounting of disclosures of, their protected health information
to HHS when it is undertaking a complicance investigation or review or enforcement action
difference between formal and informal request?
informal is permitted, formal is required
what is this concept?
must make reasonable efforts to limit PHI to the minimum amount necessary to accomplish the intended purpose
minimum necessary
list 2 rights patients have, can list any 2?
right to request
right to receive confidential communication
right to inspect and copy PHI
right to amend PHI
right to receive accounting of disclosures
right to receive a paper copy of the NPP
