Legal aspects of Aging Flashcards
What does the patient self-determination act do?
Assures the right of every adult to determine what can and cannot be done with their body
What must patients have to sign an informed consent?
Medial decision making capacity
What are the three things that you need to inform a pt about in an informed consent?
- Risks
- Benefits
- Alternatives
What are the four rights a patient has in regards to informed consent?
- Right to info
- Right to have questions answered
- Right to more info
- Right to say no
What are three circumstances in which a signed informed consent form is not valid?
- Absence of info
- Not competent
- Coercion involved
What is the next step to take if there is a question about a pts decision making capacity?
Find a substitute decision maker
What should you do as a provider if a pt has a tough time understanding, but accepts?
Document your concerns.
True or false: It is never okay to guarantee results
True
What are the five steps to take with leaving AMA?
- Determine pt capacity
- Review chart
- Involve family
- Have pt sign AMA form
- Send aftercare instructions
What should you do if a pt wants to leave AMA, but refuses to sign any forms?
Get witnesses and have them sign a form saying as such
What are the three areas that AMA forms should cover?
- Liability
- informed process
- Choice of the pt to leave/refuse treatment
What is the difference between elopement & wandering?
Wandering = pt who strays beyond the view or control of staff
Elopment = consciously leaving without
What are the three liabilities for elopement?
Negligence
Criminal
Licensure
Accreditation
What is competency?
Legal ability to make decisions (determined by a judge)
What is capacity?
Ability to understand (determined by a physician)
What are the two forms of advanced directives?
- Living will
2. Durable power of attorney
What are the two forms of quasi-advanced directives/physicians orders?
- IPOST
- DNR/DNI
What are the three types of court orders?
Guardianship
Conservatorships
Representative payee
What is the difference between power of attorney and attorney in fact?
In fact is the actual person, the power of attorney is a legal document
What is the naming relationship between a guardian and the person he/she are making decisions for?
Guardian and ward
Who appoints a guardian?
Courts
What is the order of family hierarchy?
- Spouse
- Adult children
- Parents
- Special friend
True or false: an informed consent survives any subsequent incapacity
True
What is a healthcare proxy/living will?
Document made by competent pts directing future medical treatment or a proxy
Can you do an advanced directive without an attorney?
Yes
How many people must be present for an advanced directive?
two, or notarized
What is an IPOST?
order written by a physician regarding future care, that travels with a pt
What are the two relevant federal laws for coding?
Patient self determination act
Medicare COP
What are the two relevant state laws for coding?
Advanced directives
Professional liscensing
What are the two standards of care to consider when coding?
AHA standards
Common law
True or false: a DNR order is still valid in surgery
False
True or false: a DNR order is still valid in surgery
False
What are the two qualifications of life sustaining procedures?
- Mechanical means to supplant vital function
2. Serve only to prolong dying process
True or false: it take at least two physicians to make a diagnosis of a terminal condition
True
What is the difference between the IPOST and a DNR/DNI
IPOST is an actual medical order, whereas a DNR/DNI is not
Does having a DNR exempt the physician from not providing comfort care
No
True or false: a substitute decision maker can make whatever decision he/she wants about a pt
False–they are acting and representing the patient’s wishes, not their own
What is the durable power of attorney? What is the durable power of attorney in fact?
Durable power or attorney =Piece of paper that points to who is the durable power of attorney in fact
Can a durable power of attorney be canceled in orally?
yes
When does the durable power of attorney end?
Upon pts death or incapacity
What is a guardianship?
A person appointed by the court to have custody of an incapacitated person (a ward)
What are the four types of guardianship?
General/full
Limited
Standby
Temp
True or false: the termination of the financial power of attorney can be oral
False–must be in writing
When does the financial power of attorney end?
Death or incapacitation of principal
What are conservatorships?
Court appointed rep to make important financial decisions
When do conservatorships cease? (3)
- the ward tuns 18
- Death of ward
- Court decides otherwise
Is the failure to report a misdemeanor or a felony? What can happen?
Misdemeanor
May be liable for damages caused by failure
