Module 13 - Medical Law And Ethics Flashcards
Patient’s Bill of Rights of 1973
provides guidelines and guarantees by federal law to ensure the protection and safety of patients.
Patient’s Bill of Rights purpose
- help patients feel more confident in the health care system
- to strengthen the relationship between patients and their health care provider by defining their rights and responsibilities and those of their health care provider
- to emphasize the role patients play in their health.
Patient’s Bill of Rights 16 guarantees
- right to be treated fairly and respectfully.
- right to get information they can understand
- right to discuss and ask for information about specific procedures and treatments
- right to know the identities of all their health care providers
- right to know how much care may cost at the time of treatment and long term
- right to make decisions about their care before and during treatment and the right to refuse care.
- right to have an advance directive, such as a living will or a power of attorney for health care
- right to privacy
- right to expect that their communication and records are treated as confidential by the hospital, except as the law permits
- right to review their medical records
- right to expect that a hospital will respond reasonably to their requests
- right to ask and to be informed of any business relationships
- right to consent to or decline to participate in research studies
- right to expect reasonable continuity of care and to be informed of other care options
- right to be informed of hospital policies and practices
- right to know whom they can contact to resolve disputes, grievances, and conflicts
Patient Protection and Affordable Care Act (Obamacare)
- expanding access to more affordable,
- quality health insurance,
- increasing consumer insurance protection,
- emphasizing prevention and wellness,
- curbing rising health care costs.
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Federal law that requires the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.
Health Information Technology for Economic and Clinical Health (HITECH) Act
- allow for increased enforcement of the privacy and security of electronic transmission of patient information, such as prohibiting the sale of PHI,
- making business associates and vendors liable for compliance with HIPAA, and creating a penalty and violation system.
Occupational Safety and Health (OSH) Act
employers are accountable for providing a safe and healthful workplace for employees by setting and enforcing standards and by providing training, outreach, education, and assistance.
Controlled Substances Act (CSA)
- regulates the manufacture and distribution of controlled substances.
- include narcotics, depressants, and stimulants.
- classifies medications into five schedules based on the likelihood for abuse and if there are any medical benefits provided from the substance.
Emergency Medical Treatment and Active Labor Act (EMTALA)
requires any ER that receives payments from federal health care programs (Medicare and Medicaid) to provide an appropriate medical screening to any patient seeking treatment
Clinical Laboratory Improvement Act (CLIA)
regulate accuracy and timeliness of testing regardless of where the test is performed.
Title VII of Civil Rights Act of 1964
prohibits an employer with 15 or more employees from discriminating on the basis of race, national origin, gender, or religion.
Americans with Disabilities Act of 1990 (ADA)
Law that forbids discrimination based on disability
- requires an employer to provide “reasonable accommodations” that are necessary to help the employee perform a job successfully unless these accommodations are unduly burdensome.
Heads of the European Radiological Protection Competent Authorities (HERCA)
Provides clarity on the regulator’s approach to the roles of the undertaking and a range of professionals regarding the justification process.
Good Samaritan Acts
Allows bystanders to get involved in emergency situations without fear that they will be sued if their actions inadvertently contribute to a person’s injury or death.
Genetic Information Nondiscrimination Act of 2008 (GINA)
prohibits discrimination on the basis of genetic information with respect to health insurance and employment.
No Surprise Act (NSA)
protects individuals from surprise billing if they have a group health plan or individual health insurance coverage
Covered entities, such as health insurance companies, clearinghouses, and providers, must adhere to what
HIPAA rules
three safeguards that medical facilities use to keep patient information private.
- Physical safeguards refer to the physical monitoring and access to PHI.
- Administrative safeguards are used to refer to the policies and procedures documented in writing that show how covered entities comply with HIPAA.
- Technical safeguards refer to the responsibility of the health care provider to monitor and safeguard patient information through all technology-related items.
implied consent
Consent granted when a patient assumes the position and allows the medical professional to perform it.
informed consent
An oral or written agreement of mutual communication that ensures the patient has been notified about their health care choices before making them.
Which of the following patients can give informed consent for a routine procedure?
Select all that apply.
a
Parents giving consent for the patient, who is a minor
b
An adult who is under the influence of alcohol or narcotic drugs
c
A minor who is employed
d
A minor who is living independently
e
A minor who is legally married
A, D, and E
Physician Orders for Life-Sustaining Treatment (POLST)
form that contains a set of medical orders completed by the hcp detailing the patient’s end-of-life care.
civil law
areas of contracts, property, labor, privacy issues, and family law.
Intentional Tort vs negligence
- IT: a deliberate act that violates the rights of another
- N: failure to act in a reasonable way where a duty was owed.
four basic elements in negligence
- Duty of Care: One party has a legal obligation to act in a certain manner toward the other.
- Dereliction of Duty: Also called a breach, this is a failure to use reasonable care in fulfilling the duty.
- Direct Cause: The failure in the duty leads to harm suffered by the injured person.
- Damages: The harm or injury can be remedied by monetary compensation.
Malpractice
an act of negligence and describes an improper or illegal professional activity or treatment, often used regarding a health care professional causing an injury to a patient
