Part II: The Legal Environment Vocabulary

Question 1

National Provider Identification (NPI)

Answer 1

A 10-digit unique number given to a health-care provider from Centers for Medicare and Medicaid for identification purposes under HIPAA regulations.

Question 2

Privacy Rule

Answer 2

A portion of HIPAA that regulates the confidentiality of a client’s health record while still allowing that information to flow properly and effectively in order to treat the client

Question 3

agent

Answer 3

Person (the health-care employee) appointed by a principal party (the physician or provider) to perform authorized acts in the name and under the control and direction of the principal.

Question 4

civil law

Answer 4

A law that governs relationships between individuals and defines their legal rights.

Question 5

designation of health care surrogate

Answer 5

to appoint another person to make any decisions regarding health care if the principal should become unable to make decisions

Question 6

Durable Power of Attorney

Answer 6

Document that appoints another person to make any decisions regarding health care if the principal should become unable to make decisions

Question 7

health care records

Answer 7

privilege communications that contain information about the care provided to the patient

Question 8

Patient Self Determination Act

Answer 8

federal law that ensures patients are informed of their rights

Question 9

internal milieu

Answer 9

a product of the organism and controlled by it, (u Internal environment)

Question 10

hospitalist

Answer 10

Individual who assumes the care of hospitalized individuals in place of their primary care provider.

Question 11

alternative dispute resolution(ADR)

Answer 11

Methods outside the judicial system used to solve potential malpractice actions; methods include arbitration and mediation.

Question 12

compliance plan

Answer 12

Guidelines established to protect a clinic from fraud and litigation charges.

Question 13

fiduciary

Answer 13

Holding in confidence or trust.

Question 14

malfeasance

Answer 14

Commission of an unlawful act.

Question 15

misfeasance

Answer 15

Improper performance of an act resulting in injury to another

Question 16

nonfeasance

Answer 16

Failure to perform an act when there is a duty to do so.

Question 17

res ipsa loquitur

Answer 17

A Latin phrase meaning “the thing speaks for itself”; a doctrine of negligence law.

Question 18

respondeat superior

Answer 18

A Latin phrase meaning “let the master answer”; that is, the provider is responsible

Question 19

tort

Answer 19

a wrongful act or injury committed by one person against another person that is not dependent on
a contract

Question 20

vicarious liability

Answer 20

Legal doctrine assigns liability for injury to a person or institution who did not cause the injury but who has a particular legal relationship to the person who did act negligently.

Question 21

intermittent

Answer 21

occurring at irregular intervals; not continuous or steady.

Question 22

Actual damages

Answer 22

are those that compensate the client for injuries sustained and nothing more (ex, lost wages, past medical care)

Question 23

Exemplary or punitive damages

Answer 23

are compensation that punishes the defendant and awards the client for pain, suffering, and mental anguish.

Question 24

omission

Answer 24

a failure to do something, especially something that one has a moral or legal obligation to do.

Question 25

contraindication

Answer 25

suggest or indicate that (a particular technique or drug) should not be used in the case in question.

Question 26

aggregate

Answer 26

a whole formed by combining several (typically disparate) elements.

Question 27

appellant

Answer 27

One who appeals a court decision to a higher court.

Question 28

arraignment

Answer 28

The procedure of calling someone before a court to answer a charge.

Question 29

court of appeals

Answer 29

Court that reviews decisions made by a lower court; may reverse, remand, modify, or affirm lower court decision.

Question 30

court order

Answer 30

An order issued only by a judge to appear or to request certain records. The release of any records requested in a court order does not require the client’s permission.

Question 31

deliberation

Answer 31

The process whereby a jury considers the evidence presented in a case.

Question 32

deposition

Answer 32

A written record of oral testimony made before a public officer and/or both attorneys. It is for use in either a criminal or a civil case and is completed outside of court before the trial begins.

Question 33

direct examination

Answer 33

Examination of a witness by the attorney calling the witness at a hearing or trial.

Question 34

jurisdiction

Answer 34

The limits or territory within which authority may be exercised

Question 35

subpoena duces tecum

Answer 35

A court order requiring a witness to appear and bring certain records or tangible
items to a trial or deposition.

Question 36

summons

Answer 36

An order, in a civil case, from the court directing the sheriff or other appropriate official to
notify the defendant where and when to appear to answer charges against him or her.