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MA: Chapter 3 - Law & Ethics > NHA/Other > Flashcards

NHA/Other Flashcards

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1
Q

what are the primary purposes of the Patient’s Bill of Rights?

A
  • help pts feel more confident in health care system
  • strengthen relationship between pts & provider
  • define pt rights & responsibilities of provider
  • emphasize role pts play in their own health
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2
Q

how many guarantees are outlined in Pt’s bill of rights

A

15

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3
Q

list the pt’s bill of rights: the pt has the right to..

A
  • fair & respectful treatment
  • understandable info about diagnosis, treatment, & prognosis from health care provider
  • discuss & ask for info about specific procedures, treatments, risks, recovery, & alternative care
  • know identity of all professionals
  • know cost of care
  • make decisions about care before & during treatment & right to refuse care
  • right to advance directive
  • right to privacy
  • expect communication & records treated as confidential (expect in cases of law, abuse, & public health)
  • review medical records
  • expect hospital will respond reasonably to their requests
  • ask & be informed of business relationships between hospital & schools
  • consent/decline participation in research
  • expect reasonable continuity of care
  • informed of hospital policies & practices
  • know who they can contact to resolve disputes, grievances, & conflicts
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4
Q

purpose of PT PROTECTION & AFFORDABLE CARE ACT

A

expand access to more affordable, quality health insurance, increase consumer insurance protection, emphasize prevention & wellness, & curb rising health care costs

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5
Q

purpose of HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996

A

gives pt rights over health info & sets rules & limits who can look & receive PHI whether electronic, written, or oral

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6
Q

define HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC & CLINICAL HEALTH (HITECH) ACT

A

expands on HIPAA increasing enforcement of privacy & security of electronic PHI, prohibits sale of PHI, make business associates & vendors liable for compliance w/HIPAA, create penalty & violation system

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7
Q

define OCCUPATIONAL SAFETY & HEALTH (OSH) ACT

A

overseen by OSHA stating employers accountable for safe & healthy workplace by enforcing standards & providing training/outreach/education/assistance

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8
Q

define CONTROLLED SUBSTANCE ACT (CSA)

A

federal policy regulating manufacture & distribution of controlled substances & classifies/schedules meds based on likelihood of abuse & benefits

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9
Q

what is a controlled substance according to the CSA

A

narcotics, depressants, & stimulants

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10
Q

define THE EMERGENCY MEDICAL TREATMENT & ACTIVE LABOR ACT (EMTALA)

A

requires hospital emergency depts receiving money from federal healthcare programs (medicare & medicaid) to triage & give care if emergent to prevent patient dumping

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11
Q

define THE CLINICAL LABORATORY IMPROVEMENT ACT (CLIA)

A

laws regulating all labs for safety & handling of specimens & regulate accuracy & temliness of testing

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12
Q

how does the FDA relate to CLIA

A

FDA authorizes & impliments CLIA’s laws

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13
Q

define TITLE VII OF CIVIL RIGHTS ACT OF 1964

A

prohibits employer w/15 or more employees from discriminating on basis fo race/national origin/gender/religion/etc; has been expanded on to include different groups in various amendments

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14
Q

define AMERICANS W/DISABILITIES ACT OF 1990

A

forbids discrimination against any applicant/employee who could perform job regardless of disability & employer must provide reasonable accomodations

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15
Q

define HEADS OF EUROPEAN RADIOLOGICAL PROTECTION COMPETENT AUTHORITIES (HERCA)

A

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

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16
Q

define GOOD SAMARITAN ACTS

A

allows bystanders to get involved in emergencies w/o fear of legal action

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17
Q

define GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 (GINA)

A

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

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18
Q

define PT SAFETY & QUALITY IMPROVEMENT ACT (PSQIA)

A

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

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19
Q

define ANTI-KICK BACK STATUTE (AKBS)

A

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

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20
Q

define NO SURPRISE ACT (NSA)

A

protects from surprise billing if they have group health plan/individual health insurance coverage & bans surprise bills for emergency services from out-of-network provider/facility w/o prior authorization

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21
Q

what specifically do patients have the right to when talking about medical records

A

right to receive copy, ensure record is correct, and know who has access to record

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22
Q

list the covered entities according to HIPPA

A
  • health insurance companies
  • clearinghouses
  • providers
23
Q

what are the 3 types of safeguards under HIPAA

A

administrative, physical, & technical

24
Q

____ owns the medical record, but the ____ owns the info in the record

A

medical provider/facility; patient

25
Q

what is the purpose of a signed release form

A

ensures confidentiality of medical record is protected & can be shared only w/approved & authorized healthcare provider/entity

26
Q

in what situations can a provider release medical records w/o patient authorization/signed relase form?

A

criminal acts, legally ordered, communicable diseases (to CDC/public health), mandated examination (workers’ comp)

27
Q

define SUBPOENA DUCES TECUM

A

requirement to bring request documentation to court when appearing for summons

28
Q

define IMPLIED CONSENT

A

consent inferrable based on signs, actions, or conduct of pt or done when pt is unconscious/unable to consent to emergency care

29
Q

define EXPRESSED CONSENT

A

consent given by orally/written

30
Q

define INFORMED CONSENT

A

pt knows, understands, & accepts explained treatment

31
Q

in what situations can minors be emancipated

A

court order, military, financially independent, living independently, marriage

32
Q

in what situation can [mature] minors receive treatment without consent of parent

A

birth control, pregnancy care, STD treatment, substance abuse treatment

33
Q

malpractice vs negligence

A

malpractice doesn’t follow standard of care, while negligence is when pt doesn’t receive appropriate care

34
Q

define LIVING WILL

A

document stating what procedures pt wants, does not want, & when stated conditions should apply

35
Q

what topics are covered under living will?

A
  • analgesia (pain relief)
  • antibiotic & antiviral treatment
  • IV hydration
  • artificial feeding
  • CPR
  • ventilators
  • dialysis
  • organ donation
  • DNR
36
Q

describe DURABLE POWER OF ATTORNEY (DPOA)

A

document naming proxy to make decisions on behalf of pt; decisions can cover wider range of topics than on living will

37
Q

what things can a DPOA decide that is not covered by living will?

A

admit/discharge, access to medical records, disposal of pt’s body, order autopsy

38
Q

who can be appointed by state to become healthcare proxy if no DPOA

A

court-appointed guardian/conservator, spouse, adult child, adult sibling, close friend, nearest living realtive

39
Q

fine PHYSICIAN ORDERS FOR LFE SUSTAINING TREATMENT (POLST)

A

portable type of advance directive gen for pt’s near end of life detailing goal of care

40
Q

give examples of intentional torts

A

assault, battery, defamation of character, invasion of privacy, & administration of injection w/o consent

41
Q

list and describe the four D’s of negligence that encompass the basic elements of negligence

A
  • duty of care: 1 party has legal obligation towards other
  • dereliction of duty: failure to use reasonable care in fulfilling duty
  • direct cause: failure lead to harm
  • damages: harm/injury can be remedied w/monetary compensation
42
Q

what is required to prove malpractice

A

breach of standard of care & breach caused harm

43
Q

what things are mandatory to be reported (regardless of state)

A

births, deaths, certain communicable disease (including STDs), assaults/criminal acts, abuse/neglect/exploitation

44
Q

list types of abuse

A
  • physical
  • verbal/emotional
  • psychological
  • sexual
  • economic
45
Q

give examples of psychological abuse

A

isolation, controlling actions & decisions, stalking, invading privacy/space

46
Q

give examples of economic abuse

A

forbidding individual from working, control access to money, exploit citizenship/lack there of to work or prevent work

47
Q

list signs of abuse

A
  • previously filed reports/documents of abuse
  • different stories between parents & child on accident
  • suspicious stories of incidents & injuries
  • injuries blamed on family
  • repeated vistis to ER for injuries
  • bruising on butt/back/abdomen
  • elbow/wrist/shoulder dislocations
  • poor hygiene
  • malnutrition
  • obvious dental neglect
  • delays in growth/development
  • erratic school attendance
  • neglected well-baby procedures (vaccines)
48
Q

what are the principles of medical ethics

A

autonomy, justice, beneficence, nonmaleficence

49
Q

define JUSTICE in terms of it as a principle of medical ethics

A

pt’s in similar situations should have access to same care

50
Q

what are 4 areas concerned w/justice

A
  • fair distribution of scarce resources
  • competing needs
  • rights & obligations
  • potential conflicts w/established legislation
51
Q

according to the principle of autonomy, the patient’s decision should be made free of _____ or _____

A

coercion; coaxing

52
Q

define BENEFICENCE in terms of it as a principle of medical ethics

A

“do the most good” while considering pt’s pain, suffering, risks, & quality of life

53
Q

define NONMALEFICENCE in terms of it as a principle of medical ethics

A

“do no harm”

54
Q

define CULTURE

A

act of belonging to designated group/community that shares common experiences

MA: Chapter 3 - Law & Ethics (6 decks)

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