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LAW AND ETHICS
| Question | Answer |
|---|---|
| MEDICAL LAW | Laws that explain the rights and responsibilities of medical providers and patients. |
| When did the American Hospital Association (AHA) create the original Patient's Bill of Rights? | 1973 |
| What is the primary purpose of the Patient's Bill of Rights? | to help pts feel more confident in the health care system, strengthen the relationship between pts and their health care provider by defining their rights and resp. and those of their health care provider, and emphasize the role pts play in their health. |
| According to the Patient’s Bill of Rights, which is a guarantee? A)PTS right to refuse care. B)PTS right to privacy while in the hospital. C)PTs can be a participant in a research study w/0 consent. D)PTS can request transfer to new hosp | A) Patients have the right to refuse care B) Patients have the riht to privacy while in the hospital D)Patients can request a transfer to another hospital. |
| Patient Protection and Affordable Care Act | AKA Affordable Care Act (ACA) or “Obamacare,” named after former president Barack Obama. Signed into law 2010 |
| Health Insurance Portability and Accountability Act of 1996 (HIPAA) | HIPAA gives patients rights over their health information and sets rules and limits on who can look at and receive patients’ private information. HIPAA applies to protected health information (PHI), whether electronic, written, or oral. |
| Health Information Technology for Economic and Clinical Health (HITECH) Act | The HITECH Act expands on HIPAA and includes provisions that allow for increased enforcement of the privacy and security of electronic transmission of patient information, such as prohibiting the sale of PHI, making business associates and vendors liable |
| Occupational Safety and Health (OSH) Act | overseen by (OSHA) and states that employers are accountable for providing a safe and healthful workplace for employees by setting and enforcing standards and by providing training, outreach, education, and assistance. |
| Controlled Substances Act (CSA) | CSA is a federal policy that regulates the manufacture and distribution of controlled substances. Controlled substances can include narcotics, depressants, and stimulants. The CSA classifies medications into five schedules, or classifications. |
| The Emergency Medical Treatment and Active Labor Act (EMTALA) | The EMTALA of 1986 requires any hospital emergency department that receives payments from federal health care programs, such as Medicare and Medicaid, to provide an appropriate medical screening to any patient seeking treatment. |
| The Clinical Laboratory Improvement Act (CLIA) | The CLIA of 1988 is a group of laws that regulate all laboratory facilities for safety and handling of specimens |
| Title VII of Civil Rights Act of 1964 | The Civil Rights Act prohibits an employer with 15 or more employees from discriminating on the basis of race, national origin, gender, or religion. |
| Americans with Disabilities Act of 1990 (ADA) | ADA forbids discrimination against any applicant or employee who could perform a job regardless of a disability. |
| Heads of the European Radiological Protection Competent Authorities (HERCA) | An association which identifies radiation protection issues and proposes possible solutions. |
| Good Samaritan Acts | Allows bystanders to get involved in emergency situations without fear that they will be sued if their actions inadvertently contribute to a person’s injury or death. |
| Genetic Information Nondiscrimination Act of 2008 (GINA) | Prohibits discrimination on the basis of genetic information with respect to health insurance and employment. |
| Patient Safety and Quality Improvement Act (PSQIA) | Framework for gathering and analyzing information regarding patient safety within the confines of protected health information laws. |
| Anti-Kick Back Statute (AKBS) | Criminal law that prohibits receiving benefits for referral or business involving federal health care programs. |
| No Surprise Act (NSA) | The No Surprise Act protects individuals from surprise billing if they have a group health plan or individual health insurance coverage. Bans surprise bills for emergency services from an out-of-network provider or facility without prior authorization. |
| Which of the following laws or regulations would include precautions and rules related to needlestick safety and injuries? A)CLIA B)EMTALA C)OSH Act D)HITECH Act | C)OSH Act |
| Which of the following laws classifies medications based on the likelihood for abuse and if there are any medical benefits provided from the substance? A)ADA B)CLIA C)CSA D)OSHA | C)CSA |
| SUBPOENA DUCES TECUM | A requirement to bring requested documentation to the court of law when appearing for the summons. |
| According to HIPAA, which of the following owns the patient’s medical record? A)The patient B)The health care provider C)The patient’s insurance company D)The federal government | B)The health care provider |
| MALPRACTICE | Any treatment by a medical professional that does not follow the standards of care. |
| TORT | “Wrong,” or a harmful act committed by one individual to another. |
| IMPLIED CONSENT | Consent granted when a patient assumes the position and allows the medical professional to perform it. |
| AUTONOMY | The capacity to think, decide, and act on one’s own free will and initiative. |
| INFORMED CONSENT | An oral or written agreement of mutual communication that ensures the patient has been notified about their health care choices before making them. |
| NEGLIGENCE | When a patient does not receive adequate and appropriate care, which leads to suffering and harm. |
| ADVANCE DIRECTIVES | Written statements of a person's wishes regarding medical treatment, such as a living will. |
| DO-NOT-RESUSCITATE (DNR) | An order written in the hospital or on a legal form to communicate the wishes of a patient to not undergo CPR or advanced cardiac life support if the patient's heart stops or the patient stops breathing. |
| DURABLE POWER OF ATTORNEY (DPOA) | A legal document naming a health care agent or proxy to make medical decisions for patients when they are not able to do so, in the case they become incapacitated or unable to communicate. |
| PHYSICIAN ORDERS FOR LIFE-SUSTAINING TREATMENT (POLST) | Type of advance directive, typically reserved for patients who may be near end of life. |
| CIVIAL LAW | These laws protect the private rights of a person or a person's property. Civil laws include the areas of contracts, property, labor, privacy issues, and family law. |
| FELONIES | These are more serious crimes punishable by larger fines and/or imprisonment for more than 1 year, and in some states, the death penalty may be levied on a convicted felon for severe crimes, such as murder. |
| What are the two classes of Torts? | Intetnional and unintentioal (NEGLIGENCE) |
| INTENTIONAL TORT | This is a deliberate act that violates the rights of another. Examples of intentional torts include assault, battery, defamation of character, invasion of privacy, and administration of an injection without the consent of the patient. |
| NEGLIGENCE | This is a common tort in the health care setting. Negligence does not require a specific intent to harm someone and is not a deliberate action but is the result of an individual or party failing to act in a reasonable way where a duty was owed. |
| What are the four basic elements in negligence? | Duty of Care Dereliction of Duty Direct Cause Damages |
| DUTY OF CARE | One party has a legal obligation to act in a certain manner toward the other. |
| DERELICTION OF DUTY | Also called a breach, this is a failure to use reasonable care in fulfilling the duty. |
| DIRECT CAUSE | The failure in the duty leads to harm suffered by the injured person. |
| DAMAGES | The harm or injury can be remedied by monetary compensation. |
| MALPRACTICE | An act of negligence and describes an improper or illegal professional activity or treatment, often used regarding a health care professional causing an injury to a patient. |
| MANDATED REPORTING | In the health care field, mandatory reporting duties refer mainly to the responsibility of health care pros to report vital information and incidence to the appr. agencies for the protection and welfare of the public, as well as specific vulnerable popl. |
| Which of the following professions are commonly considered “mandatory reporters” and mandated to report across every state? A)Health care professionals B)Law enforcement officers C)Childcare providers D)Clergy members E)Social workers | A)Health care professionals B)Law enforcement officers C)Childcare providers E)Social workers |
| JUSTICE | Fair distribution of benefit, risk, resources, and cost to ensure equal treatment. |
| BENEFICENCE | A moral obligation to act in the best interest of others. |
| NONMALEFICENCE | A commitment not to cause harm. |
| Which of the following types of ethics includes basic principles of do no harm, justice, and autonomy? A)Common ethics B)Professional ethics C)Medical ethics D)Personal ethics | C)Medical Ethics |
| AUTONOMY | The capacity to think, decide, and act on one’s own free will and initiative. |
| Which of the following ethical principles is “do no harm”? A)Autonomy B)Justice C)Beneficence D)Nonmaleficence | D)Nonmaleficence |
| Which of the following is the act of belonging to a designated group or community that shares common experiences? A)Bias B)Ethnicity C)Culture D)Value | C)Culture |
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lizd3281