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NUR136 Law&Policy
Law & Policy
| Term | Definition |
|---|---|
| agenda setting | a health-related issue is identified, usually as a problem. Nurses can be especially effective in this stage by helping to frame the issue. |
| policy formulation | different policy interventions are proposed and considered |
| Policy adoption | a proposed intervention is selected |
| policy implementation | carrying out the proposed intervention |
| policy evaluation | determining if the policy achieved the desired policy goals |
| Beneficiaries of ACA | Uninsured Insured with high premiums People with pre - existing conditions |
| HMO | Pay physicians a fixed amount each month for each member (patient) enrolled in the plan, regardless of whether the physician sees the patient that month |
| PPO | Fee for services at previously negotiated reduced rates with health care providers in return for the numbers of clients the PPO brings to the physician or health care system |
| HMO Characteristics | Wellness focus Collect a set fee Promote health, wellness Tend to save costs by promotion of wellness Primary and secondary prevention Clients only use providers as referrals |
| PPO Characteristics | Reduced rates for services Visit in-network providers without referral (typically) Balance of volume and care is crucial to achieve outcomes |
| intentional tort | based on the perspective that the wrongdoer acted intentionally to harm the patient or violate the patient's rights and should be held responsible. |
| Examples of intentional torts | assault and battery, false imprisonment, invasion of privacy, defamation, intentional infliction of emotional distress, abuse of process, and malicious prosecution. |
| unintentional tort | based on the concept of fault, meaning that liability (fault) attaches to an incorrect act or mistaken omission that caused harm even if the act or omission was unintentional. |
| felonies | Serious crimes |
| misdemeanors | less serious crimes |
| Malpractice | negligence by a professional person |
| Negligence | Failure to use reasonable care in the same / similar circumstances |
| 4 Elements of negligence | Duty Breach of Duty Causation Injury or Harm |
| Standards of Care | Provide a way of judging the quality and effectiveness of patient care |
| Frequent Nursing Negligence | Failure to ensure patient safety Improper treatment or negligent performance of treatment Failure to monitor patient and report significant findings Medication errors Failure to follow agency’s policies and procedures |
| respondaeat superior | Professional liability can attach to an employer for the negligent acts of its employee. This is known as vicarious liability, and it arises from the common law doctrine of respondeat superior, a Latin term that means “let the master answer.” |
| EMTALA | The portion known as EMTALA, was designed to prevent inappropriate transfers otherwise known as “patient dumping” by hospitals. |
| Pt Self Determination Act | Requires federally funded hospitals (Medicare, Medicaid) to inform adult patients in writing about their right to make treatment choices and to ask patients if they have a living will or durable power of attorney |
| Advance Directives | “living will,” is a consent that has been constructed before the need for it arises. It spells out a patient’s wishes regarding surgery and diagnostic and therapeutic treatments |
| Medical power of attorney | Gives legal power to a health care agent Person is chosen by the patient to follow the patient’s advance directives and make medical decisions on his behalf |
| nurse practice acts | define activities in which nurses may engage, state the legal requirements and titles for nursing licensure, establish the education needed for licensure. The practice acts are designed to protect the public, and they define the legal scope of practice. |
| Assault | threat to harm another or even to threaten to touch another without that person’s permission |
| Battery | actual physical contact that has been refused or that is carried out against the person’s will. |
| Good Samaritan | protect a health care professional from liability if she stops to provide aid in an emergency |
| false imprisonment | Preventing a person from leaving or restricting his movements in the facility |
| patient abandonment | sleeping on the job, leaving in the middle of a shift without notifying anyone, failing to show up or complete an agreed-upon assignment in a home setting, and leaving the patient care area and remaining unavailable |
Created by:
susan.martin
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