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Mod 1A UHI Ch. 5
Legal and Regulatory Issues
Question | Answer |
---|---|
Statutes | Laws |
Regulations | Guidelines written by administrative agencies. |
Case Law | Based on court decisions that establish a standard (Common Law) |
Precedent | A standard |
Civil Law | Law that is not classified as criminal. |
Criminal Law | Public law that defines crimes and their prosecution |
Subpoena | An order of the court that requires a witness to appear at a particular time and place to testify. |
Subpoena Duces Tecum | An order of the court that requires documents (e.g., patient record) to be produced. |
Deposition | A testimony under oath taken outside of court. |
Interrogatory | A document containing a list of questions that must be answered in writing. |
Qui tam | Abbreviation; meaning "who as well for the king as for himself sues in this matter". A provision of the Federal False Claims Act, which allows a private citizen to file a lawsuit. |
Federal Register | A legal newspaper published every business day by the National Archives and Records Administration (NARA). |
Program Transmittals | Contain new and changed Medicare policies and/or procedures that are to be incorporated into a specific CMS program manual. |
Medicare Administrative Contractor (MAC) | An organization that contracts with CMS to process fee-for-service healthcare claims and perform program integrity tasks for both Medicare Part A and Part B. |
Record retention | The storage of documentation for an established period of time usually mandated by federal and/or state law. |
How long must patient records be retained in their original form? | 7 years |
How long does HIPAA require health insurance claims and accounting records to be retained? | 6 years |
How long must health insurance claims be retained after a patient's death? | 2 years |
What is fraud? | an intentional deception or misrepresentation that someone makes, knowing it is false that could result in an unauthorized payment. |
What is abuse? | Actions that are inconsistent with accepted, sound medical business, or fiscal practices. |
What are overpayments? | Funds a provider or beneficiary receives in excess of amounts due and payable under Medicare and Medicaid statues and regulations. |
What is recovery/how does it begin? | Issuing an overpayment demand letter to the provider. |
National Correct Coding Initiative? | Regulations that govern privacy, security and electronic transaction standards for healthcare information. |
Code Pairs | Edi pairs included in the Correct Coding Iniative cannot be reported on the same claim if each has the same date of service. |
Unique Identifiers | That administrative simplification provision of HIPAA that requires establishment of standard identifiers for third party payers. |
National Provider Identifier (NPI) | A 10 digit numeric identifier that is assigned to healthcare providers by HIPAA. |
Privileged Communication | Any information communicated by a patient to a healthcare provider. |
Protected Health Information (PHI) | Information that is identifiable to an individual such as name, address, telephone numbers, date of birth. |
Privacy | The right of individuals to keep their information from being disclosed to others. |
Confidentiality | Restricting patient information access to those with proper authorization and maintaining the security of patient information. |
Security | The safekeeping of patient information. |
Breach of Confidentiality | The unauthorized release of patient information to a third party. |
Federal Anti-Kickback Law | Protects patients and federal healthcare programs from fraud and abuse by curtailing the corrupting influence of money on healthcare decisions. |
When was the Occupational Safety and Health Act created? | 1971 |
Occupational Safety and Health Act (OSHA) | Act to ensure safe and healthful workplaces in America. |
What year was the Correct Coding Initiative developed? | 1996 |