Legal & Ethical Flashcards
open threat of bodily harm against another person
Assault
an action that causes bodily harm
Battery
deception with the intent to deprive another person of his/her rights
Fraud
intruding on a patient’s private affairs or disclosure of private information Ex: entering a patient’s room without knocking or having permission
Invasion of Privacy
the negligent delivery of professional services
Malpractice
the failure to do something that a reasonably prudent individual would do under similar circumstances
Negligence
provide a list of organizations within the local community that can assist the situation
Spousal Abuse/Intimate Partner Abuse
report suspected abuse to the provider; it is not an MA’s place to confront the patient or parent
Child Abuse
a civil wrong committed against a person or property
Tort
refers to the chronological documentation showing the paper trail, custody, control, transfer, analysis and disposition of physical or electronic evidence; evidence must be sealed in front of patient
Chain of Custody
sets quality standards and issues certificates for human clinical laboratories; set in place to regulate the testing of human specimens in labs (blood, tissue, other bodily material used to diagnose, prevent and treat various diseases)
Clinical Laboratory Improvement Amendments (CLIA)
the right to inspect, review and to receive a copy of your medical records and billing records that are held by health plans and health care providers covered by the privacy rule -involves health insurance portability access/renewal without preexisting conditions & coordination of care to prevent duplication of services
Health Insurance Portability and Accountability Act (HIPAA)
- to provide continuous health insurance coverage for workers who lose or change their job 2. to reduce the administrative burdens and cost of healthcare by standardizing the electronic transmission of administrative and financial transactions and protects the patient’s personal medical information and confidentiality
Purposes of HIPAA
-a CCMA cannot disclose any patient information unless authorized -discussing a patient’s medical information is breaking guidelines -cannot release patient information to anyone regardless of relationship without consent of the patient
HIPAA Rules
regulates that correctly identifying patients is crucial to improving patient safety
The Joint Commission
federal agency that oversees and regulates health and safety in the workplace through laws, regulations and their enforcement; training provided at no cost to the employee
Occupational Safety and Health Administration (OSHA)
promotes accurate test results
Quality Control (QC)
the MOST IMPORTANT step in ensuring patient safety -always ask patients to confirm their full name and DOB -never confirm patient’s name by speaking their name and DOB to them; always ask them
Patient Identification
agreement implied by the patient for examination and treatment when presenting for a routine visit; also, in an emergency, consent that is assumed the patient would give if they could do so Ex: extending arm for phlebotomy or removing clothing for a medical procedure/examination
Implied Consent
consent given by a patient after all potential treatments and outcomes have been discussed for a specific medical condition/treatment Includes discussing risks, possible outcomes and alternative therapies
Informed Consent
requires patient’s signature in order to perform procedure/treatment
Written Consent
a list of guarantees for those receiving medical care -patients have right to a copy of their medical records -guarantees fair treatment -autonomy over medical decisions and many more rights -active role in health care team -right to be respected -right to confidentiality
Patients’ Bill of Rights/Patient Care Partnership
should always be filled-out in chronological order
Problem Oriented Medical Record (POMR)
-patients have a right to view these at any time -information within them belongs to the patient -physical form where the information is housed belongs to the author
Medical Record
a legal document a patient draws up to ensure their wishes are honored even if they are unable to make their own decisions due to an incapacitating health care condition
Advance Derivatives
-a legal document that allows a patient to make clear their wishes regarding different medical decisions should they become incapacitated -part of will can name a person who should make medical decisions for them
Living Will
-document that names a patient-appointed representative to make health care decisions on their behalf if necessary -different than a living will because it can span a longer period and can end when the patient regains ability to make own decisions (not necessarily focused on end of life care)
Medical Durable Power of Attorney
-mandates that health care facilities inform and protect a patient’s right to make decisions about their care -right extends even if they become incapacitated through advance derivatives such as power of attorney
Patient Self-Determination Act (PSDA)
-a legal framework for the donation and use of organs, tissues and other human anatomy in the U.S -used in medical practice, for scientific research and for educational purposes
Uniform Anatomical Gift Act (UAGA)
-formed to regulate food safety in the U.S -involves supervising and controlling products such as tobacco, dietary supplements, medications, vaccines and many other products that are consumed by the American population, including animals
Food and Drug Administration (FDA)
amends the ADA act to better define what “disability” means for certain Americans as well as protecting and upholding the rights of those with disabilities in the U.S
Americans with Disabilities Act Amendments (ADAAA)
an act signed into law to incentivize providers to adopt new technology to put health care records into an electronic database in order to streamline patient case management -under this act patients have the right to inspect, amend and restrict access to their medical record
Health Information Technology for Economic and Clinical Health (HITECH)
created under the Nixon administration as part of the “war on drugs” to combat drug abuse/trafficking through investigation, apprehension and prosecution programs
Drug Enforcement Agency (DEA)
signed by Nixon to regulate the use and distribution of certain drugs -includes a list of “schedules” I-V that categorizes each type of drug and their potential for abuse (schedule I such as heroin are considered high risk for abuse)
Controlled Substances Act of 1970
- must respect patient privacy and confidentiality
- must practice culturally competent care, display professionalism in all situations, adhere to risk management and safety policies and perform office management duties
- responsible for documenting information about the patient in their health record including observations, clinical treatments and vital signs
- operating outside of scope can result in disciplinary action or loss of licensure
CMA Scope of Practice
enacted to prevent employers and health insurers from discriminating against people based on their genetic information
Genetic Information Nondiscrimination Act (GINA) of 2008
a federal agency that promotes public health through disease control and prevention initiatives; mission is to promote health and security of the nation
Centers for Disease Control and Prevention (CDC)
regulations that promote free trade, protect the consumer from misinformation and fraud and promote competition
Consumer Protection Acts
protects consumers from being harassed by debt collectors; may not use abusive, unfair or deceiving techniques when attempting to collect from debtors
Fair Debt Collection Practices Act
primary purpose was to inform consumers before they sign up for a line of credit; creditors must inform the consumer of the terms and conditions
Truth in Lending Act (TILA) of 1968 (Regulation Z)
health care providers in U.S required to disclose certain information to public health authorities used for the interest of public health and fighting the spread of disease
Public Health and Welfare Disclosure
Public Health Statutes -information about these must be disclosed to public health authorities to prevent the spread of disease in a community or nation
Communicable Diseases
Public Health Statutes -birth records, birth rates and death records are examples -must be disclosed to public health authorities for tracking/monitoring
Vital Statistics
Public Health Statutes -must be reported in the interest of the abused; may be done without authorization by the victim
Abuse/Neglect/Exploitation Against Child/Elder
Public Health Statutes -abuse leaves damaging and long-lasting psychological wounds on their victims that remain long after physical wounds have healed -internal wounds have an effect on the victim and the victim’s relationships/those in their life -recognizing and reporting this is part of the CMA’s job as a patient advocate -wounds cannot heal until the problem is acknowledged
Wounds of Violence
-one basic right of a patient -means that the patient’s health care will remain private -only those involved in the patient’s direct care will have access to their records for the use of diagnosing/treating illness -breach of this is a serious offense that can lead to disciplinary action
Confidentiality
-anyone who accesses patient’s health information will be tracked/monitored -most institutions will conduct audits to see who has been accessing which records and if they were authorized to do so
Electronic Access Audit/Activity Log
-certain patient health records involving these treatments are specifically protected by federal regulations -violation of these records could result in criminal penalty to the offender -certain emergencies allow info to be shared
Drug and Alcohol Treatment Records
-protected by law -reports on diagnoses/treatments must be kept confidential so patients don’t face discrimination
HIV-Related Information
-part of HIPAA provides special protection to these records
Mental Health Records
-CMA must stay within their scope of practice and always meet current care standards to avoid consequences of malpractice -each state has own guidelines defining CMA’s scope of practice but most allow them to administer medications, perform administrative duties, assist an MD with procedures, draw blood and prepare a patient for examination among other assistive duties
Current Standard of Care
-CMA expected to conduct themselves professionally under the guidance/direct supervision of an MD -failure to meet proper standards will result in disciplinary actions/loss of licensure and poor reflection on MA profession
Standards of Conduct
-insurance coverage to help offset the costs of potential liabilities; insurance may be purchased by individuals through insurer of their choice or through place of employment
Malpractice Coverage
entails the patient gives consent to a medical intervention either verbally, nonverbally or through a gesture such as a nod or in writing -not necessarily an education process that precedes it -generally requires a witness
Expressed Consent
-a patient who is unable to make decisions about their health care plan -may need a proxy to make decisions for them
Patient Incompetence
-legally freed from having parental consent to certain things -legal age for this is 16 -different rules for pregnancy
Emancipated Minor
-applies to unemancipated minors and says the patient may make their own decisions and give their own consent if the medical intervention is not especially serious
Mature Minor
branch of the legal system that involves consequences for those who commit crimes -infraction/misdemeanor/felony
Criminal Law
involves the relationships between community members -contracts (physician-patient relationships): legal obligations to the patient, consequences for patient noncompliance, termination of medical care, ownership of medical records -torts (violation of a person’s rights leading to legal action): invasion of privacy, negligence, intentional torts (battery, assault, slander, libel)
Civil Law
includes all laws that have been written down and enacted by legislative action -medical practice acts
Statutory Law
common law is based on previously decided court cases (precedents)
Common Law (Legal Precedents)
-legal: may come into play with ethical decisions -moral: CMA may be morally conflicted with how to proceed with a situation; ethical duty of CMAs to always do the right thing in all circumstances and uphold the care of the patient above all else
Factors Affecting Ethical Decisions
