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Health Law Class

Health Record Laws

The right of individuals to be let [sic] alone and to be protected against physical or psychological invasion or misuse of the property is called... Privacy
Privileged information obtained by an individual in the course of a professional relationship between an attorney, physician, or anyone else in a position of trust protected by law from being revealed is called... Confidentiality
Protection of data from intentional or unintentional destruction, modification or disclosure is called... Security
Ways of resolving a dispute or lawsuit other than through the court system, including arbitration, mediation, or resolution through an administrative agency is known as... Alternative dispute resolution
A form of alternative dispute resolution in which a dispute is submitted to a third party or a panel of experts outside the judicial trial system. Arbitration
A form of alternative dispute resolution in which a dispute is submitted to a third party and the outcome is decided by agreement of the parties. Mediation
____________ contain the plaintiff and defendant accompanied by their respective attorneys unless they are providing legal representation for themselves. Parties of a lawsuit
A legal tool that is used to compel one's appearance at a certain time and place for testimony or the production of documents or other tangible items either during discovery or at trial and can be either civil, criminal, or administrative in nature. Subpoena
A subpoena that seeks an individual's testimony. Subpoena ad testificandum
A subpoena instructing the recipient to bring documents and other records with himself/herself to a deposition or to court. Subpoena duces tecum
Name of court from which the subpoena was issued, caption of action, names of plaintiff(s) and defendant(s), assigned case number for validation, information commanded, name of issuing attorney, and official or judge authorized to issue the subpoena is... Valid Subpoena Contents
These are the means through which occurrences that are inconsistent with a healthcare facility's routine patient care practices or operations are documented Incident Reports
Describe the unexpected occurrence, provide the foundation for an investigation of the occurrence, provide information necessary for taking remedial or corrective action, and provide data useful for identifying risks of future similar occur are goals of: Incident Reporting
Involves a broad range of activities undertaken by a ___________ committee to ensure that a facility provides quality care, which may include such activities as the review of quality and safety issues and determinations of medical staff credentials. Peer Review Records
In regards to ________________________ AHIMA e-HIM Work Group on E-Discovery suggests that a healthcare provider must have knowledge of where its info is stored, how long its kept, and when it may be destroyed whether the info is paper or electronic form. Retention and Destruction of Health Information
Battery, Assault, and False Imprisonment are all examples of what? Intentional Torts
Is intentional and non-consensual contact with the plaintiff and the defendant must have performed some positive/affirmative act like spitting on the plaintiff, intended touching, or even insults that resulted in impermissible contact with the plaintiff. Battery
A form of intentional tort that involves conduct that causes apprehension of a harmful/offensive contact instead of actual contact i.e Holding a weapon in a threatening position or taking aim with a weapon. Assault
The defendant owed the plaintiff a duty of care, the defendant breached duty of care, the plaintiff suffered an injury as a consequence of the defendant's breach, there is a casual connection between the defendant's breach and the plaintiff's injury are: Elements of negligence
The thing speaks for itself; where the facts or circumstances accompanying an injury may raise a presumption, or at least permit an inference, of negligence on the part of the defendant who is charged with negligence is known as... Res Ipsa Loquitur
Statutory enactment that places time limits on certain claims i.e if a person is injured by the negligence of another, a _____________ will require an action to be brought against that person within a certain time period. Statutes of Limitations
Communication through words is known as Expressed Consent
Consent for medical treatment that is communicated through conduct i.e making a doctor's appointment Implied
The patient should have basic understanding of what medical procedures or tests maybe performed as well as the risks, benefits, and alternatives for those tests/procedures. Informed Consent
A law that became effective 1991 requiring healthcare institutions that bill Medicare or Medicaid for services to provide adults with information about the various types of advance directives. Patient Self-Determination Act
A person or organization other than a member of a covered entity that involve the use or disclosure of individually identifiable health information Business Associate
Ensure the confidentiality, integrity, and availability of all ePHI, Protect the security/integrity of any ePHI from any threats or hazards, Protect against any anticipated uses/disclosures of ePHI, Ensure compliance of security rule by its workforce. HIPPA Security Rule-4 General Requirements