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law & ethics CH 7-9

privacy freedom of unauthorized intrusion
3rd amendment for the greater good property can be bought without owners permission
4th amendment have to have warrant to look through property
5th amendment cant be tried for major crime twice
9th amendment the rights of one group cannot hinder another group
14th amendment no state can make or enforce laws to take away your rights, they have to go through all the proper steps
Federal Privacy Laws the federal government is limited in collecting information on you to do business
Fair Credit Reporting Act credit bureau has to give out accurate information
Family Educational Act parents can access student records at school and can limit who gets those records
Financial Privacy how your information will be released
covered entities anyone that the hospital does business with
data (code) sets CPT-4 procedure ICD-9 diagnosis, whats wrong with you
PHI protected health information, anything that can identify the patient
NPP notice of privacy practices, gives all the rules about your privacy
Public Health Statutes vital stats such as birth, death, marriage, divorce and grades sanitary conditions in public facilities, C or lower is bad
death certificates depends on the state you are in, 24-72 hours after a person dies to file death certificates
autopsy required anytime there is a suspicious death whether family wants it or not
coroner investigates death, not MD
Medical Examiner must be MD
who checks water quality and has the right to exterminate pests? Public Health Statutes
Childhood Vaccine Injury Act some kids will have bad reaction to shots this is no fault you dont have to sue
reportable injuries spousal, child, elder can report even if just suspected
Unborn Victims of Violence Act aka Laci and Conner's Act, provides for the prosecution of anyone who causes injury or death to unborn fetus
Drug Enforcement Agency (DEA) regulates sales of drugs, keeps inventory if doctor giving out narcotics in office
Food & Drug Administration (FDA) checks medication and food to make sure it is safe
controlled substances giving out anything with narcotics in office
drug schedules 1. no medicinal use, felony 2. high potential of abuse, cant be called in 3. medium potential for abuse, can be called in but limited 5 refills in 6 months 4. low potential for abuse 5. so little narcotic
OTC over the counter
Employment at Will can be terminated anytime for any reason
Just cause employment 3 warnings
Equal Pay Act men and women have to be paid the same, women only make 85% of what men make
Right to Know Laws material data sheets (MDS) have to be given upon employee request
OSHA occupational safety and health administration, makes sure work place is safe
PPE personal protective equipment
sexual harassment "quid pro quo" meaning your get something for giving something
Needle Stick Prevention Acts have to keep a log of all needle sticks done, dont recap needles
CDC, organization center for disease control in Atlanta, GA
CLIA, law clinical lab improvement act, spells out what lab tests can be done according to degree
worker's comp medical, wages, permanent disability but state dont start paying until after a week
what is not considered marketing under HIPAA provisions? mammogram reminder mailings, newsletters about childhood vaccinations, news about health fairs and classes
can patients sue healthcare providers who do not comply with the HIPAA policy rule? person must file a written complaint with the Secretary of Health and Human Services through the Office for Civil Rights and they decide
how does HIPPA's privacy rule protect PHI electronic, written, spoken
covered transactions electronic exchanges of information between two covered entities
de-identify remove all information that identifies a patient
designated record set records maintained by or for HIPAA covered entity
electronic data interchange (EDI) HIPAA mandated standard for electronic transmissions
encryption scrambling or coding of information before sending it electronically
firewalls hardware, software designed to prevent unauthorized people from gaining electronic information
limited data set protected health information from which certain patient identifiers have been removed
permission a reason under HIPAA for disclosing patient information
rule a document that includes the HIPAA standards or requirements
security use of policies and procedures to protect electronic information from unauthorized access
standard a general requirement under HIPAA
state preemption if a state's privacy laws are stricter then HIPAA the state laws take precedence
transaction transmission of information between two parties for financial or administrative activities
treatment, payment, and healthcare operations (TPO) qualified healthcare providers can disclose PHI to obtain reimbursement, and activities and transactions among healthcare entities
verification HIPAA requirement that patient identity be verified before protected healthcare information is released
administer to instill a drug into the body of a patient
Amendments to the Older Americans Act 1987 federal act that defines elder abuse, neglect, exploitation, but doesnt deal with enforcement
controlled substances act aka Comprehensive Drug Abuse Prevention and Control Act of 1970, federal law giving authority to DEA to regulate the sale and use of drugs
forensics law and medicine that involves medical issues or medical proof at trials having to do with malpractice, crimes, accidents
National Vaccine Injury Compensation Program (VCIP) no fault federal system of compensation for children injured by vaccine, you dont have to sue
prescribe to issue a medical prescription for a patient
Five examples of noncommunicable diseases for which reporting may be mandated in certain states cancer, congenital metabolic disorders in newborns, epilepsy, other disease that cause lapse of consciousness, pesticide poisoning
who requires reports of communicable diseases and certain injuries, as mandated by state laws? public health statutes
Child Abuse Prevention and Treatment Act of 1974 mandates reporting of child abuse
affirmative action programs intended to remedy the effects of past discrimination
Chemical Hygiene Plan aka The Standard for Occupational Exposures to Hazardous Chemicals in Labs, clarifies the handling of hazardous chemicals in medical labs
discrimination prejudicial outlook, action, treatment
General Duty Clause section of the Hazardous Communication Standard stating any equipment that may pose health risk be specified as a hazard
Hazard Communication Standard (HCS) OSHA standard intended to increase doctors awareness of risks, improve work practices and proper use of personal protective equipment, reduce injuries and illness
Medical Waste Tracking federal law that allows OSHA to inspect hazardous medical wastes and to cite for unsafe, unhealthy practices
Occupational Exposure to Bloodborne Pathogen Standard OSHA regulation passed in 1991 designed to protect against the risk of exposure to bloodborne pathogens
pathogens disease-causing organisms
public policy the common law concept of wrongful discharge when an employee has acted for the "common good"
surety bond type of insurance that allows employers that are covered to collect up to the amount they purchased against employee dishonestly taking funds
wrongful discharge when no law exists that prohibits a specific reason for firing an employee the discharged worker may have cause for ligation under precedent
Civil Rights Act of 1964 established by the EEOC
Pregnancy Discrimination Act makes it illegal to discriminate because of pregnancy, childbirth, related medical condition
Age in Discrimination in Employment Act protects employees 40+
Wagner Act protects employees who engage in union or other organizational activities
Employee Retirement Income Security Act regulates private pension funds and employer benefit programs
Social Security Act provides for Medicare, unemployment insurance, disability, OASI with FICA funding
Rehabilitation Act protects the disabled and mentally ill
Created by: 1374776920