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Chapter 5
Legal and Regulatory Issues
Term | Definition |
---|---|
Statutory Law | Laws passed by legislative bodies |
Case Law (Common Law) | Based on court decisions that establish a precedent |
Precedent | Standard/common law |
Civil Law | Deals with all areas of the law that are not classified as criminal.( dogs barking) |
Criminal Law | Public law that defines crimes and their prosecution. Property damage |
Subpoena | Order of the court that requires a witness to appear at a particular time and place to testify. |
Subpoena Duces Tecum | ordered by a judge to bring a patient's medical record to court hearing |
Deposition | Testimony under oath taken outside of court |
Interrogatory | a list of questions that must be answered in writing. |
Qui Tam | private citzens to file a lawsuit in the name of the government |
Record Retention | Storage of documentation for an established period of time |
Fraud | An intentional deception or misrepresentation that someone makes |
Abuse | Involves actions that are inconsistent with accepted |
Privileged Communication | Any information communicated by patient to a healthcare provider |
Protected Health Information (PHI) | Information that is identifiable to an individual such as name |
Privacy | Right of individuals to keep their information from being disclosed to others |
Confidentiality | Involves restricting patient information access to those with proper authorization and maintaining the security of patient information |
Security | Safekeeping of patient information |
overpayments | receives in excess of amounts due and payable under Medicare and Medicaid statues and regulations. |
authorization | official permission or approval prior to disclosing the individuals information |
Medicare Conditions of Participation | the retention of patient records in their original or legally reproduced form for a period of at least 5 years (CA 7-10 ) |
Department of Health and Human Services Office to the Inspector General | prepares the case for referral to the Department of Justice for criminal and or civil prosecution. A person guilty of Medicare fraud faces criminal |
HIPAA - Health Insurance Portability and Accounting Act 1996 | improves the portability and continuity of health insurance |
HIPAA title I Health Care Access | Portability and Renewability |
HIPAA title II | Preventing Health Care Fraud and Abuse |
medically necessary | providing the reasons why treatment is medically necessarey |
ARRA | protects whistle blowers |
What special handling is required to release medical information for a patient who is HIV- positive | the patient should sign an additional authorization statement for release of information |