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Med ethics and Law
| Question | Answer |
|---|---|
| Accreditation | a process for officially authorizing, approving, and recognizing quality in health care education programs, facilities, managed care plans, and other health care organizations. |
| Addendum | New documentation used to add information to the original entry in a patient record |
| Advance directive | A written statement of a person’s wishes regarding medical treatment, often including a living will or power of attorney or both. These documents are done to make sure the patient’s wishes are carried out should the person be unable to communicate them to |
| Agency for Healthcare Research and Quality (AHRQ) | The lead federal agency responsible for tracking and improving the quality, safety, efficiency, and effectiveness of health care for Americans. |
| Amendments to the Older Americans Act | A 1987 federal act that defines elder abuse, neglect, and exploitation, but does not deal with enforcement |
| American Recovery and Reinvestment Act (ARRA); also called the Recovery Act. | A 2009 act that made substantive change to HIPAA’s privacy and security regulations. |
| autonomy (or self-determination) | The capacity to be one’s own person and make one’s own decisions without being manipulated by external forces. |
| beneficence | Refers to the acts health care practitioners perform to help people stay healthy or recover from an illness. |
| bioethics | A discipline dealing with the ethical implications of biological research methods and results, especially in medicine. |
| breach of contract | Failure of either party to comply with the terms of a legally valid contract |
| case law | Law established through common law and legal precedent. |
| categorical imperative | A rule that is considered universal law binding on everyone and requiring action |
| Certification | A voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate |
| Child Abuse Prevention and Treatment Act | A federal law, passed in 1974, requiring physicians to report cases of child abuse and to try to prevent future cases. |
| civil law | Law that involves wrongful acts against persons. |
| Clinical Laboratory Improvement Act (CLIA) | Also called Clinical Laboratory Improvement Amendments. Federal statutes passed in 1988 that established minimum quality standards for all laboratory testing. |
| code of ethics | A system of principles intended to govern behavior—here, the behavior of those entrusted with providing care to the sick. |
| common law | The body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition. |
| Confidentiality of Alcohol and Drug Abuse Patient Records | A federal statute that protects patients with histories of substance abuse regarding the release of information about treatment. |
| consent | Permission from a patient, either expressed or implied, for something to be done by another. |
| contract | A voluntary agreement between two parties in which specific promises are made for a consideration. |
| Controlled Substances Act | The federal law giving authority to the Drug Enforcement Administration to regulate the sale and use of drugs. |
| courtesy | The practice of good manners. |
| Criminal Health Care Fraud Statute | A section of the United States Code that prohibits fraud against any health care benefit program. |
| defendant | The person or party against whom criminal or civil charges are brought in a lawsuit. |
| deposition | Sworn testimony given and recorded outside the courtroom during the pretrial phase of a case. |
| Drug Enforcement Administration (DEA) | A branch of the U.S. Department of Justice that regulates the sale and use of drugs. |
| duty of care | The obligation of health care professionals to patients and, in some cases, nonpatients. |
| employment-at-will | concept of employment whereby either the employer or the employee can end the employment at any time, for any reason. |
| ethics | Standards of behavior, developed as a result of one’s concept of right and wrong |
| etiquette | Standards of behavior considered to be good manners among members of a profession as they function as individuals in society. |
| Federal Anti-Kickback Law | Prohibits knowingly and willfully receiving or paying anything of value to influence the referral of federal health care program business. |
| Federal False Claims Act | A law that allows for individuals to bring civil actions on behalf of the U.S. government for false claims made to the federal government, under a provision of the law called qui tam (from Latin meaning “to bring an action for the king and for oneself”). |
| felony | n offense punishable by death or by imprisonment in a state or federal prison for more than 1 year. |
| fidelity | Being faithful to the scope of practice for your profession, as in role fidelity. |
| Food and Drug Administration (FDA | A federal agency within the Department of Health and Human Services that oversees drug quality and standardization and must approve drugs before they are released for public use. |
| fraud | Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights. |
| gene | A tiny segment of DNA found on a chromosome in a cell. Each gene holds the formula for making a specific enzyme or protein. |
| genetic discrimination | Differential treatment of individuals based on their actual or presumed genetic differences. |
| Good Samaritan acts | State laws protecting physicians and sometimes other health care practitioners and laypersons from charges of negligence or abandonment if they stop to help the victim of an accident or other emergency. |
| health disparity | Striving for the highest possible standard for all people and giving special attention to the needs of those with the greatest risk of poor health, based on social conditions. |
| health equity | A particular type of health difference that is closely linked with economic, social, or environmental disadvantage. |
| Health Information Technology for Economic and Clinical Health Act (HITECH) | A section of the American Recovery and Reinvestment Act (ARRA) that strengthened certain HIPAA privacy and security provisions. |
| Health Insurance Portability and Accountability Act (HIPAA) of 1996 | A federal law passed in 1996 to protect privacy and other health care rights for patients |
| health savings account HSA | Offered to individuals covered by high-deductible health plans, these accounts let these individuals save money, tax free, to pay for medical expenses |
| heredity | The process by which organisms pass on genetic traits to their offspring. |
| involuntary euthanasia | The act of ending a terminal patient’s life by medical means without his or her permission. |
| jurisdiction | The power and authority given to a court to hear a case and to make a judgment. |
| law of agency | The law that governs the relationship between a principal and his or her agent. |
| legal precedents | Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by legislation. |
| licensure | A mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors |
| litigious | Prone to engage in lawsuits. |
| malfeasance | The performance of a totally wrongful and unlawful act. |
| managed care organization (MCO | A corporation that links health care financing, administration, and service delivery |
| meaningful use | A process by which health care providers use an electronic health record according to guidelines set by the federal government. |
| misdemeanor | A crime punishable by fine or by imprisonment in a facility other than a prison for less than 1 year. |
| mutation | A permanent change in DNA. |
| National Childhood Vaccine Injury Act | federal law passed in 1986 that created a no-fault compensation program for citizens injured or killed by vaccines, as an alternative to suing vaccine manufacturers and providers. |
| National Organ Transplant Act | Passed in 1984, a statute that provides grants to qualified organ procurement organizations and established an Organ Procurement and Transplantation Network (OPTN). |
| negligence | An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would not or would have done in similar circumstances. |
| nonfeasance | The failure to act when one should. |
| nonmaleficence | As paraphrased from the Hippocratic oath, means the duty to “do no harm.” |
| Occupational Safety and Health Administration (OSHA) | the organization that is charged with writing and enforcing compulsory standards for health and safety in the workplace. |
| parens patriae | A legal doctrine that gives the state the authority to act in a child’s best interest. |
| passive euthanasia | he act of allowing a patient to die naturally, without medical interference. |
| Patient Self-Determination Act | A federal law, passed in 1990, that requires hospitals and other health care providers to provide written information to patients regarding their rights under state law to make medical decisions and execute advance directives. |
| plaintiff | The person bringing charges in a lawsuit. |
| preferred provider organization/association (PPO/PPA | A network of independent physicians, hospitals, and other health care providers who contract with an insurance carrier to provide medical care at a discount rate to patients who are part of the insurer’s plan. |
| principle of utility | Requires that the rule used to make a decision bring about positive results when generalized to a wide variety of situations. |
| privacy | Freedom from unauthorized intrusion. |
| prosecution | The government as plaintiff in a criminal case |
| quality assurance | A program of measures taken by health care providers and practitioners to uphold the quality of patient care |
| reciprocity | The process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination. |
| registration | Similar to certification, individuals must meet certain educational requirements, as well as possibly successfully completing a nation exam. |
| release of tortfeasor | A technical defense to a lawsuit that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit. |
| res ipsa loquitur | “the thing speaks for itself”; a situation that is so obviously negligent that no expert witnesses need be called. |
| res judicata | the thing has been decided”; legal principle that a claim cannot be retried between the same parties if it has already been legally resolved. |
| respondeat superior | “let the master answer.” A doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees’ duties. |
| safe haven laws | tate laws that allow mothers to abandon newborns to designated safe facilities without penalty. |
| stakeholders | hose who have a vested interest in the health care industry in the United States, and in any efforts to reform the industry. |
| Stark Law | Prohibits physicians or their family members who own health care facilities from referring patients to those entities if the federal government, under Medicare or Medicaid, will pay for treatment. |
| state preemption | If a state’s privacy laws are stricter than HIPAA privacy standards, state laws take precedence. |
| statute of frauds | State legislation governing written contracts. |
| statute of limitations | That period of time established by state law during which a lawsuit may be filed |
| statutory law | Law passed by the U.S. Congress or state legislatures. |
| subpoena | A legal document requiring the recipient to appear as a witness in court or to give a deposition |
| subpoena duces tecum | A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit. |
| summary judgment | A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial. |
| technical defenses | Defenses used in a lawsuit that are based on legal technicalities. |
| tort | A civil wrong committed against a person or property, excluding breach of contract. |
| Unborn Victims of Violence Act | Also called Laci and Conner’s Act, a federal law passed in 2004 that provides for the prosecution of anyone who causes injury to or the death of a fetus in utero |
| Uniform Anatomical Gift Act | A national statute allowing individuals to donate their bodies or body parts after death for use in transplant surgery, tissue banks, or medical research or education. |
| Uniform Determination of Death Act | A proposal that established uniform guidelines for determining when death has occurred. |
| utilitarianism | A person makes value decisions based on results or a rule that will produce the greatest balance of good over evil, everyone considered. |
| veracity | Truth telling. |
| virtue ethics | Focuses on the traits, characteristics, and virtues that a moral person should have. |
| workers’ compensation | A form of insurance established by federal and state statutes that provides reimbursement for workers who are injured on the job. |
| wrongful discharge | A concept established by precedent that says an employer risks litigation if he or she does not have just cause for firing an employee. |
| xenotransplantation | Transplantation of animal tissues and organs into humans. |
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