Law, Ethics, and HIPAA Flashcards
licensure
strongest form of administrative regulation; needed to practice medicine
- granted by state board
- verifies that person holding license has met minimum standards
- must be periodically renewed
- granted by examination, endorsement, reciprocity
Clinical Laboratory Improvement Act of 1988 (CLIA 1988)
identifies standards for laboratory testing; any facility performing lab testing subject to CLIA 1988
Certificate of Need (CON)
certificate needed to expand service and get approval to expand service (based on need to community)
The Joint Commission (TJC)
accreditation of healthcare facilities
OSHA (Occupational Safety and Health Administration)
regulates safety in workplace
ADA (Americans with Disabilities Act)
sets up rules protecting people with physical or mental disabilities from discrimination
Title VII (7) of Civil Rights Act
protects employees from sexual harassment and hostile work environment; employer is liable
Federal Discrimination Act
employers with 15+ employees cannot discriminate on basis of age, gender, sexual orientation, race, creed, marital status, color, national origin, disabilities
Regulation Z of the Consumer Protection Act
- Truth in Lending Act
- requires pt and provider to agree if payment of bills is to be made in more than 4 installments; agreement must be in writing
Controlled Substances Act
- administered by DEA (Drug Enforcement Administration)
- regulates any individual who prescribes, administers, or dispenses controlled substances
FMLA (Family Medical Leave Act)
employers with 50+ employees must provide up to 12 weeks of unpaid, job-protected leave each year
- for care of employees own health
- care of immediately family member with serious health condition
- birth or adoption of child
HIPAA (Health Insurance Portability and Accountability Act)
requires privacy and security standards to protect patient’s identifiable health information
- sets stds for privacy of individually identifiable health info
- allows flow of health info while protecting pt’s privacy
- failure to comply –> sanctions and fines
risk management
techniques that keep practice, environment, and procedures as safe for pt as possible
- proper risk management decreases chance of negligence/lawsuits
techniques of risk management
- only perform within scope of practice
- follow federal and state statutes
- keep office and clinic areas safe
- keep all pt info confidential
- follow all established office policies
- document completely
- log telephone calls and return calls in reasonable amt of time
- follow up on canceled/missed appts
- never guarantee cure or diagnosis; never advise without provider order
- secure informed consent
- explain apptment delays
- be aware of pt’s w/ special needs
- report any error to employer
consent
voluntary permission given by capable person to receive medical care
types of consent
- express (oral or written)
2. implied (actions or behavior that can be understood as consent)