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law & ethics CH 7-9
| Question | Answer |
|---|---|
| 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 |