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CCMA Exam Review > MA Legal & Ethics > Flashcards

MA Legal & Ethics Flashcards

1
Q

abandonment

A

withdrawing medical care from a patient without providing sufficient notice to the patient

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2
Q

Administrative Law

A

The body of law in the form of decisions, rules, regulations, and orders created by administrative agencies under the direction of the executive branch of the government, used to carry out the duties of such agencies

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3
Q

Administrative Law

A

Under the direction of the executive branch of the government

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4
Q

Affordable Care Act (ACA)

A

Ultimately curb the growth in health care spending in the United States

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5
Q

Americans with Disabilities Act (ADA)

A

Requires an employer to provide accommodations that are necessary to help the employee perform a job successfully, unless these accommodations are unduly burdensome

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6
Q

assault

A

attempt to touch or threaten without the patient’s consent

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7
Q

battery

A

physical contact without patient consent

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8
Q

Breach

A

Infraction or violation of a law, obligation, tie, or standard

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9
Q

Capacity

A

Parties must be legally able to contract (legal age and of sound mind)

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10
Q

civil law

A

issues between citizens rather than crimes

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11
Q

common law

A

traditional laws; based on Constitution

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12
Q

Consideration

A

A benefit of some type for entering into the contract, such as financial reimbursement

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13
Q

Contract

A

A legal agreement between two or more parties (e.g., people, companies)

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14
Q

Controlled Substances Act (CSA)

A

Regulates the manufacture and distribution of controlled substances

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15
Q

defamation of character

A

wrongfully hurting a person’s reputation

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16
Q

defendant

A

an individual, company, or institution being sued or accused

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17
Q

deposition

A

information is gathered by asking questions to all parties involved

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18
Q

durable power of attorney

A

the patient’s representative if the patient can not speak for himself

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19
Q

emancipated minor

A

Person younger than 18 years of age who lives independently, is totally self-supporting, is married, or is in the military and possesses decision-making rights.

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20
Q

Equal Pay Act

A

Mandates the same pay for all people who do substantially equal work

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21
Q

ethics

A

the principles of right and wrong that guide an individual in making decisions

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22
Q

Family and Medical Leave Act (FMLA)

A

Requires certain employers to give time off to employees for familial or medical reasons

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23
Q

fee splitting

A

an agreement to pay a fee to another physician or agency for the referral of patients; this is illegal in some states and is considered to be an unethical medical practice.

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24
Q

fraud

A

A deliberate lie intended to secure an unfair or unlawful gain

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25
Health Insurance Portability and Accountability Act (HIPAA)
Sets rules and limits on who can look and receive patients' private information
26
Legality
Subject matter must be legal
27
libel
written defamation
28
litigation
filing or contesting a lawsuit
29
locum tenens
a substitute physician
30
malpractice
negligence by a trained professional
31
mutual assent
An agreement by all parties to contract; must prove there was an offer and acceptance
32
negligence
failure to take reasonable precautions while providing patient care
33
Occupational Safety and Health Administration (OSHA)
Providing a safe and healthful workplace for employees by setting and enforcing standards
34
plaintiff
the accuser in a lawsuit
35
precedent
How similar cases have been decided in the past.
36
res ipsa loquitur (the thing speaks for itself)
obvious that the practitioner's actions or negligence caused the damage / no expert testimony is necessary.
37
res judicata
The thing has been decided. A claim cannot be retried between the same parties if it has already been legally resolved.
38
Respondeat Superior
Let the master answer an employer is liable for the behavior of an employee working within his or her scope of employment
39
slander
spoken defamation
40
stare decisis
Let the decision stand; decisions are based on precedents from previous cases
41
The Joint Commission (TJC)
Strengthen patient safety and the quality or care, improve risk management and risk reduction
42
Title VII
Prohibits an employer with 15 or more employees from discriminating on the basis of race, national origin, gender, or religion
43
tort law
Involving an act that brings harm to a person or damage to property due to another person's wrongdoings.
44
malfeasance
doing an unlawful, wrongful act
45
misfeasance
lawful action, but in an illegal or improper manner
46
nonfeasance
failure to perform a task that one has a legal duty to perform.
47
informed consent
clear and voluntary choice has been made. Consequences (risks) have been made clear before agreement.
48
implied consent
voluntary agreement with an action proposed by another (rolling up sleeve for blood draw)
49
4 D's of Negligence
duty existed, derelection of duty, misconduct resulted in a direct cause of the injury, damages occurred
50
HITECH Act
deals with health information technology safety
51
Office of Civil Rights (OCR)
investigates medical privacy violations; can impose fines and imprisonment
52
Controlled Substances Act
federal policy that regulated the manufacture of narcotics, depressants, and stimulants. Classifies medications into 5 schedules, or classificaitons, based ont he likeihodd for abuse and fi ther eare any medical benefits provided from the substance.
53
Emergency Medical Treatment and Active Labor Act
1986. Any ED that receives $$ from federal health care programs must determine whether a condition is emergent or not and to provide stabilizing treatment. It does not require that treatment be given for nonemergency conditions.
54
ADA of 1990
An employer must porivde "reasonable accommodations" that are necessary to help the employee performa job successfull unless these accommodations are unduly burdensome.
55
Heads for the European Radiological Protection Competent Authorities (HERCA)
Provides clarity on the regulator's approcach to the roles of the undertaking and a range of professionals regarding the justification process.
56
Good Samaritan Act
Bystanders can help in an emergency without fear that they will be sued of the patient is injured or dies
57
Genetic Information Nondiscrimination Act of 2008 (GINA)
regarding health insurance or employment, you can not discrimination against someone based on their genetic information
58
Patient Safety and Quality Improvement Act (PSQIA)
Framework for gathering and analyzing information regarding safety - within the confines of progtect helath information laws.
59
Anti-Kick Back Statute (AKBS)
Prohibits you from receiving benefits for referrals or business involving federal healthcare programs.
60
No Surprise Act (NSA)
Protects the patient from receiving a large bill from an out-of-network provider or facility without prior authorization.
61
subpoena duces tecum
must bring requested documents with you to the court when appearing for the summons
62
advance directives
written statements of a person's wishes regarding medical treatment, i.e. living will
63
Do Not Resuscitate (DNR)
Legal document that the pt does not want CPR or ACLR if their heart stops
64
durable power of attorney (DPOA or POA)
Legal document stating who the patient wants as their agent to make their medical decisions if they are unable to do so themselves
65
Physician Orders for Life-Sustaineing Treatment (POLST)
An advance directive that has portablility - it transfers with the patient between facilities. Set of orders that details the patient's end-of-life care.
66
autonomy
the capacity to think and make decisions for yourself
67
justice
based on thought: what is consistent and fair to all patients?
68
beneficence
a moral obligation to doing the "most good" or what is best for the patient. Consider pain, physical/mental suffering, risk of death, and quality of life
69
nonmaleficence
a commitment to "do no harm" to the patient OR to the fewest number of people in society

CCMA Exam Review (6 decks)

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