QUICK REVIEW Flashcards
legislative branch?
executive branch?
judicial branch?
statutes and codes
regulation
common law/decisions
affordable care act is comprised of what?
must cover pre existing conditions dependent coverage until 26 preventative services coverage prohibitions against coverage caps guaranteed issue and renewal limits to rate increases
elements of a contract?
which one is the meeting of the minds
offer
acceptance
consideration
acceptance
elements of malpractice?
the existence of a legal duty on the part of the doctor to provide care or tx to the patient
breach of this duty by a failure of the treating doctor to adhere to the standards fo the profession or standard of care
a causal relationship between such breach of duty and injury to the patient
the existence of damages that flow from the injury such that the legal system can provide redress
never events of a Res Ipsa Loquitar
operating on the wrong foot
leaving in a foreign object
medication errors
certain types of pressure ulcers
how can hospitals be negligent?
negligent credentialing
failure to monitor quality of care
negligent care provided by an employee
what is the importance of timely and accurate charting with respect to medical malpractice?
medical necessity
facilitate billing
recollect memory
defend and justify tx
required disclosures?
to individuals when they request access to their PHI
to HHS when it is undertaking compliance investigation or review or enforcement action
what are the permitted disclosures?
to the individual tx, payment, healthcare operations when given opportunity to agree or object incidental use and disclosure limited data set
what are the patient rights?
right to request restrictions
right to receive confidential communications
right to inspect and copy PHI
right to amend PHI
right to receive an accounting of disclosure
right to receive a paper copy of the NPP
things to consider in transparency?
what does insurance cover
in network versus out of network rates
deductible
coinsurance
informed consent consists of?
physician explains proposed decision
physician presents reasonable alts
physician summarizes the risks, benefits and uncertainties
physician solicits and responds to questions
implied consent consists?
can be inferred from the patients actions for routine
emergency situations
contingencies during surgical procedures
what information is found on a prescription?
date of issue patients name and address practitioners name, address and DEA registration number drug name, strength, dosage form quantity prescribed directions for use number of refills manual signature of prescriber
three questions to ask when analyzing the physician self referral law?
is there a referral from a physician for a designated health service
does the physician have a financial relationship with the entity providing the DHS
does the financial relationship fit in an exception
