Mod 7: Medical Law & Ethics (5%) Flashcards

1
Q

how many guarantees does the pt bill of rights outline

A

15

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2
Q

what is the goal of the pt bill of rights

A

ensure rights and responsibilities of both pts and health care providers and that pts play role in own health

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3
Q

describe the Pt Protection and Affordable Care Act

A

signed in 2010 to expand access to more affordable quality health insurance, increase consumer insurance protection, emphasize prevention and wellness, and lower health care costs

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4
Q

describe the HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH (HITECH) ACT

A

expands HIPAA by increasing enforcement of privacy and security of electron transmission of PHI

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5
Q

what is the goal of CLIA (clinical laboratory improvement act)

A

regulate accuracy and timeliness of testing regardless where testing is performed

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6
Q

describe the TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

A

prohibits employer w/at least 15 employees from discriminating/sexual harrassment

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7
Q

describe the HEADS OF THE EUROPEAN RADIOLOGICAL PROTECTION COMPETENT AUTHORITIES (HERCA)

A

provides clarity on regulator’s approach to roles of undertaking and range of professionals regarding justification process

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8
Q

describe the GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 (GINA)

A

prohibits discrimination on basis of genetic info w/respect to health insurance and employment

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9
Q

describe the PATIENT SAFETY AND QUALITY IMPROVEMENT ACT (PSQIA)

A

framework for gathering and analyzing information regarding pt safety within confines of protected health info laws

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10
Q

define ANTI-KICK BACK STATUTE (AKBS)

A

criminal law that prohibits receiving benefits for referral or business involving federal health care programs

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11
Q

describe NO SURPRISE ACT (NSA)

A

protects from surprise billing if have group health plan/individual health insurance coverage

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12
Q

list the covered entities under HIPAA

A

clearinghouses, providers, health insurance companies

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13
Q

t/f: the pt owns their medical record

A

false - the provider/facility own the actual record but the pt owns the actual information

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14
Q

administrative safeguards refer to

A

policies and procedures documented in writing showing how covered entities comply with HIPAA

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15
Q

technical safeguards refer to

A

responsibility of health care provider to monitor and safeguard pt info through all tech related items

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16
Q

what are some cases where the release of medical records are allowed w/o preauthorization

A

criminal acts, legally ordered, communicable disease reported to CDC/local health department, mandated examinations (worker’s comp)

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17
Q

define subpoena duces tecum

A

requirement to bring requested documentation to court when appearing for summons

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18
Q

under these conditions a minor can receive tx w/o consent of a parent

A
  • birth control/pregnancy care/STD tx/substance abuse tx
  • emancipated
19
Q

define LIVING WILL

A

states what procedures pt would and do not want and under what conditions

20
Q

what things are usually addressed under a living will

A

analgesia, antibiotic & antivirals, IV hydration, artificial feeding, CPR, ventilators, organ donation, dialysis, DNR

21
Q

if someone does not have a DPOA and cannot make healthcare decisions, the state appoints an proxy and they consist of

A
  • court appointed guardian/conservator
  • spouse/domestic partner
  • adult child
  • adult sibling
  • close friend
  • nearest living relative
22
Q

t/f: advanced directives expire

A

false

23
Q

describe PHYSICIAN ORDERS FOR LIFE-SUSTAINING TREATMENT (POLST)

A

advance directives for EOL pts detailing end of life care and moves with the pt

24
Q

what are the two subdivisions of criminal offenses

A

misdemeanors and felonies

25
Q

define MISDEMEANORS

A

lesser crimes gen punishable w/monetary fines by state or imprisonment for at least 1 year

26
Q

what are some crimes a health care professional may commit

A
  • practice w/o license
  • falsify info obtain license
  • fail to provide life support
  • battery from failure to gain informed consent
27
Q

crimes violate

A

society

28
Q

define CIVIL LAWS

A

laws that protect private laws of person or property

29
Q

define TORT

A

intentional/unintentional violation of civil law

30
Q

give examples of intentional torts

A
  • assault
  • battery
  • defamation of character
  • invasion of privacy
  • administration of injection w/o consent
31
Q

define MALPRACTICE

A

act of negligence and is improper/illegal professional causing injury

32
Q

what are the 4 Ds of negligence

A
  • duty of care
  • dereliction of duty
  • direct cause
  • damages
33
Q

define DUTY OF CARE

A

one party has legal obligation to act in certain manner toward other

34
Q

define DERELICTION OF DUTY

A

aka breach; failure to use reasonable care in fulfilling duty

35
Q

define DIRECT CAUSE

A

failure in duty leads to harm suffered by injured person

36
Q

define DAMAGES

A

harm/injury that can be remedied by monetary compensation

37
Q

what things are mandatory to be reported

A
  • births
  • deaths
  • certain communicable and sexual diseases
  • assault/criminal acts
  • abuse/neglect/exploitation
38
Q

give examples of psychological abuse

A
  • isolation from family & friends
  • controlling actions and decisions
  • stalking
  • invading privacy/space
39
Q

give examples of economic abuse

A
  • forbidding from working
  • controlling access to money
  • exploiting citizenship/lack of citizenship to/prevent work
40
Q

list s/s of child/elder abuse

A
  • previously filed reports of abuse
  • documented abuse of other family
  • different stories between parents & child
  • suspicious stories
  • injuries blamed on other family
  • repeated visits to ER
  • discoloration/bruising on butt/back/abdomen
  • elbow/wrist/shoulder dislocations
  • delays in growth & development
  • erratic school attendance
  • malnutrition
  • poor hygiene & dental neglect
  • neglected well-baby procedures
41
Q

define COMMON ETHICS

A

system of principles and rules of conduct accepted by group based on ethnicity, political affiliation, or cultural identity

42
Q

aka common ethic

A

group ethic

43
Q

what are the four components of medical ethics

A

autonomy, justice, beneficence, and nonmaleficence

44
Q
A