NHA/Other Flashcards
what are the primary purposes of the Patient’s Bill of Rights?
- 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
how many guarantees are outlined in Pt’s bill of rights
15
list the pt’s bill of rights: the pt has the right to..
- 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
purpose of PT PROTECTION & AFFORDABLE CARE ACT
expand access to more affordable, quality health insurance, increase consumer insurance protection, emphasize prevention & wellness, & curb rising health care costs
purpose of HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996
gives pt rights over health info & sets rules & limits who can look & receive PHI whether electronic, written, or oral
define HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC & CLINICAL HEALTH (HITECH) ACT
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
define OCCUPATIONAL SAFETY & HEALTH (OSH) ACT
overseen by OSHA stating employers accountable for safe & healthy workplace by enforcing standards & providing training/outreach/education/assistance
define CONTROLLED SUBSTANCE ACT (CSA)
federal policy regulating manufacture & distribution of controlled substances & classifies/schedules meds based on likelihood of abuse & benefits
what is a controlled substance according to the CSA
narcotics, depressants, & stimulants
define THE EMERGENCY MEDICAL TREATMENT & ACTIVE LABOR ACT (EMTALA)
requires hospital emergency depts receiving money from federal healthcare programs (medicare & medicaid) to triage & give care if emergent to prevent patient dumping
define THE CLINICAL LABORATORY IMPROVEMENT ACT (CLIA)
laws regulating all labs for safety & handling of specimens & regulate accuracy & temliness of testing
how does the FDA relate to CLIA
FDA authorizes & impliments CLIA’s laws
define TITLE VII OF CIVIL RIGHTS ACT OF 1964
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
define AMERICANS W/DISABILITIES ACT OF 1990
forbids discrimination against any applicant/employee who could perform job regardless of disability & employer must provide reasonable accomodations
define HEADS OF EUROPEAN RADIOLOGICAL PROTECTION COMPETENT AUTHORITIES (HERCA)
provides clarity on regulator’s approach to roles of undertaking & range of professionals regarding justification process
define GOOD SAMARITAN ACTS
allows bystanders to get involved in emergencies w/o fear of legal action
define GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 (GINA)
prohibits discrimination on basis of genetic info w/respect to insurance & employment
define PT SAFETY & QUALITY IMPROVEMENT ACT (PSQIA)
framework for gathering & analyzing info regarding pt safety within confines of protected health info laws
define ANTI-KICK BACK STATUTE (AKBS)
criminal law that prohibits receiving benefits for referral/business involving federal health care programs
define NO SURPRISE ACT (NSA)
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
what specifically do patients have the right to when talking about medical records
right to receive copy, ensure record is correct, and know who has access to record
list the covered entities according to HIPPA
- health insurance companies
- clearinghouses
- providers
what are the 3 types of safeguards under HIPAA
administrative, physical, & technical
____ owns the medical record, but the ____ owns the info in the record
medical provider/facility; patient
what is the purpose of a signed release form
ensures confidentiality of medical record is protected & can be shared only w/approved & authorized healthcare provider/entity
in what situations can a provider release medical records w/o patient authorization/signed relase form?
criminal acts, legally ordered, communicable diseases (to CDC/public health), mandated examination (workers’ comp)
define SUBPOENA DUCES TECUM
requirement to bring request documentation to court when appearing for summons
define IMPLIED CONSENT
consent inferrable based on signs, actions, or conduct of pt or done when pt is unconscious/unable to consent to emergency care
define EXPRESSED CONSENT
consent given by orally/written
define INFORMED CONSENT
pt knows, understands, & accepts explained treatment
in what situations can minors be emancipated
court order, military, financially independent, living independently, marriage
in what situation can [mature] minors receive treatment without consent of parent
birth control, pregnancy care, STD treatment, substance abuse treatment
malpractice vs negligence
malpractice doesn’t follow standard of care, while negligence is when pt doesn’t receive appropriate care
define LIVING WILL
document stating what procedures pt wants, does not want, & when stated conditions should apply
what topics are covered under living will?
- analgesia (pain relief)
- antibiotic & antiviral treatment
- IV hydration
- artificial feeding
- CPR
- ventilators
- dialysis
- organ donation
- DNR
describe DURABLE POWER OF ATTORNEY (DPOA)
document naming proxy to make decisions on behalf of pt; decisions can cover wider range of topics than on living will
what things can a DPOA decide that is not covered by living will?
admit/discharge, access to medical records, disposal of pt’s body, order autopsy
who can be appointed by state to become healthcare proxy if no DPOA
court-appointed guardian/conservator, spouse, adult child, adult sibling, close friend, nearest living realtive
fine PHYSICIAN ORDERS FOR LFE SUSTAINING TREATMENT (POLST)
portable type of advance directive gen for pt’s near end of life detailing goal of care
give examples of intentional torts
assault, battery, defamation of character, invasion of privacy, & administration of injection w/o consent
list and describe the four D’s of negligence that encompass the basic elements of negligence
- 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
what is required to prove malpractice
breach of standard of care & breach caused harm
what things are mandatory to be reported (regardless of state)
births, deaths, certain communicable disease (including STDs), assaults/criminal acts, abuse/neglect/exploitation
list types of abuse
- physical
- verbal/emotional
- psychological
- sexual
- economic
give examples of psychological abuse
isolation, controlling actions & decisions, stalking, invading privacy/space
give examples of economic abuse
forbidding individual from working, control access to money, exploit citizenship/lack there of to work or prevent work
list signs of abuse
- 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)
what are the principles of medical ethics
autonomy, justice, beneficence, nonmaleficence
define JUSTICE in terms of it as a principle of medical ethics
pt’s in similar situations should have access to same care
what are 4 areas concerned w/justice
- fair distribution of scarce resources
- competing needs
- rights & obligations
- potential conflicts w/established legislation
according to the principle of autonomy, the patient’s decision should be made free of _____ or _____
coercion; coaxing
define BENEFICENCE in terms of it as a principle of medical ethics
“do the most good” while considering pt’s pain, suffering, risks, & quality of life
define NONMALEFICENCE in terms of it as a principle of medical ethics
“do no harm”
define CULTURE
act of belonging to designated group/community that shares common experiences
