NHA/Other Flashcards by Samantha Lee

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

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

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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

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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

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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

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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

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define OCCUPATIONAL SAFETY & HEALTH (OSH) ACT

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

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define CONTROLLED SUBSTANCE ACT (CSA)

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

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what is a controlled substance according to the CSA

narcotics, depressants, & stimulants

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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

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define THE CLINICAL LABORATORY IMPROVEMENT ACT (CLIA)

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

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how does the FDA relate to CLIA

FDA authorizes & impliments CLIA’s laws

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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

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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

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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

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define GOOD SAMARITAN ACTS

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

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define GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 (GINA)

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

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define PT SAFETY & QUALITY IMPROVEMENT ACT (PSQIA)

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

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define ANTI-KICK BACK STATUTE (AKBS)

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

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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

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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

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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