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CRCS 2-7 to 2-16
| Question | Answer |
|---|---|
| What does AHA stand for and for what literature are they responsible? | Amer. Hospital Association Responsible for: a plain language brochure called the Pt Care Partnership, which states how a pt and fam can expect to be treated in a healthcare situation. Replaced the patient bill of rights, adopted in the 1970’s. |
| What are the expectations set by the American Hospital Association in the Patient Care Partnership brochure? | A patient can expect: High quality hospital care A clean and safe environment Involvement in their care Protection of your privacy Help when leaving the hospital Help with their billing claims |
| What does HIPPA stand for and what does it mean/do? | Health Insurance Portability and Accountability Act: Creates national standards for insurers,HMO’s,and employer plans (including self insured) for safe and accurate exchange of pt info. |
| What does PHI stand for and what is it? List some examples | Protected Health Information - protected under HIPPA. Any data that could be used, individually or in combo to match patients with medical records. Examples: Name, DOB, address, phone #, employer info, SSN, cert # (ex: pacemaker serial number) |
| When can PHI (protected health information be shared without explicit consent? When can it NOT be shared without explicit consent? | For: Treatment Payment Healthcare Operations (TPO) CANNOT: For marketing purposes With law enforcement agencies (without consent or proper notification to the pt or a warrant) |
| Can a provider or insurer use 3rd party vendors? | Yes, but they must sign a business associate agreement that obligated them to treat PHI on the same basis as covered entities. |
| Talk about the Administrative Simplification Rules set forth by the HIPPA Privacy Act: | There were sections in HIPPA that were supposed to make the process better and less expensive for providers but have not saved money for most providers for many reasons. (Eg. most payers haven’t standardized their info requirements.) |
| What does PSDA stand for and what does it do? | Patient Self Determination Act Makes sure pt understands their right to participate re: healthcare and provide a means to ensure it. This is where advance directives come into play. |
| What is an advance directive? | Written statements of a patient’s wishes re: medical treatment in the event they become unable to make such decisions. - Living Will - Healthcare POA or Durable POA for Healthcare - DNR Order |
| What is a Living Will and example of and what does it do? | It is an advance directive. Specifies what trtmt a pt does and does not want to receive. Makes the difficult decisions for end of life care and organ donation while the patient is still alert. |
| What is a Healthcare POA or Durable POA for Healthcare? | An advance directive that designates someone else (known as a healthcare surrogate, agent or proxy) to make decisions on the patient’s behalf if they are unable to. |
| What is a DNR Order? | A Do Not Resusitate Order is an advance directive that states that the patient does not want to have CPR or similar interventions in the event of a medical emergency. |
| What does PPACA stand for and what it is? | Patient Protection and Affordable Care Act Together with the Health Care and Education Refonciliation Act, represents the largest regulatory overhaul of the US healthcare system since MC and MA were passed in 1965. |
| What was the purpose of the PPACA? What means did they use to do these things? | Aimed to decrease the number of uninsured Americans and reduce the overall cost of healthcare. Mandates, subsidies and tax credits for employers and individuals. |
| What does PPACA require of all insurance companies? | To cover all applicants and offer the same rates regardless of pre-existing condition or gender. Congressional Budget Office projected that PPACA will lower future deficits and Medicare spending. |
| Define Fraud List examples | Intentional/illegal deception or misrep for the purpose of personal gain or to harm or manipulate a person or org. Ex: reporting wrong DX to Max pmts, billing unprovided svc., altering claims to be paid,taking kickbacks, routine waiver of ded/co-ins |
| Define Abuse List examples | Incidents/practices of HC workers that, although not consider fraudulent, are inconsistent with accepted practices. Excessive/unwarranted use of tech, pharma or svcs. Abuse of authority, privacy, confidentiality or duty to care, improper billing, etc |
| What does the False Claims Act do? | Prohibits making a false record or statement to get a false/fraudulent claim paid by the government, submission of false/fraudulent claims and conspiring to have false/fraudulent claims paid by the government. |
| What are the punishments called for a provider who violates the false claims act? List them. | Administrative Sanctions - denial or revocation of the provider number application. - suspension of provider pmts - civil monetary penalties (CMP’s) |
| What does TCPA stand for and what is it? | The Telephone Consumer Protection Act Restricts telemarketing and the use of automated phone equipment. Prohibits use express consent and limits use of recordings to convey messages. (Including texts and faxes. |
| Truth in Lending Act aka: Regulation Z | Requires disclosure of info before credit is extended. Annual % rates and finance charges must be clearly and conspicuously identified. This must also be provided to the consumer in writing. |
| Fair Credit Billing Act | Protects consumers from inaccurate or unfair practices when issued open-ended credit. Requires creditors to inform debtors of their rights and of the responsibilities of the creditor. |
| Fair Credit Reporting Act | Created to define what info from consumer reports can be used, by whom, and when. Provides maximum protection of consumer’s right to privacy and confidentiality of credit reports. |
| FDCPA - what is it and what does it put strict limitations on? (Prohibits will be asked on another card) | Fair Debt Collection Practices Act Imposes strict limitations on: - acquisition of info re: location of the debtor -communications with the debtor or others in collection of a debt. |
| Fair Debt Collection Practices Act -what does it PROHIBIT? | - harrassment or abuse - using false/misleading info -communicating w/ the consumer: at any unusual time or place (before 8am & after 9pm in debtor’s time zone) -contacting if they are represented by legal counsel unless there is atty consent. |
| ECOA | Equal Credit Opportunity Act Prohibits discrimination based on any of the usual things as well as b/c they receive public assistance. Can ask the questions but cannot consider them when deciding whether to extend credit or terms of the credit. |
| What questions does the ECOA prohibit? | Equal Credit Opportunity Act prohibits asking: - ask if widowed or divorced (can ask only: Married, Unmarried, Separated) - ask marital status if applying for a separate, unsecured acct. |
| EMTALA - what is it and why | Emergency Medical Trtmt and Active Labor Act: aka: Federal Anti-Dumping Statute - is a response to concerns that hospitals were refusing trmt to pts w/o ins and xferring them to other facilities without notification. |
| EMTALA - what does it require? Applies not just to ER, but to any location on a hospital’s campus and to all patients, not just ER patients. | The Emergency Medical Trtmt and Active Labor Act aka: the Anti-Dumping Act: Requires prior to asking how they intend to pay: - medical screening exam -Necessary stabilizing trtmt -Restricting xfer until stabilized |
| What is the CLIA and what does it require? | Clinical Laboratory Improvement Ammendment: Requ providers furnishing clinical lab svcs to MC beneficiaries have a CLIA cert, which should be reported on the claim. States can be exempt if state laws are = or more stringent. Currently, only NY and WA. |
| What is TJC and what does it do? | The Joint Commission Private agy seeking to improve quality & safety of care. CMS allows them to accredit hospitals. Inspect and provides edu on issues of pt care and safety. *not all hospitals use TJC, some are accredited by the state/other agencies. |
| How often does TJC inspect? | The Joint Commission Conducts audit of a hospital every 39 mos Audits a lab every 2 years -can audit a healthcare facility without notice as early as 9-30 months after it’s initial audit. |
| What aspects of Patient Access does TJC audit? | The Joint Commission: - distribution and discussion of advance directives - pt rights and responsibilities - organizational ethics - continuum of care - mngmt of environmental care - privacy/confidentiality/security -communication |