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law & ethics CH 7-9

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Question
Answer
privacy   freedom of unauthorized intrusion  
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3rd amendment   for the greater good property can be bought without owners permission  
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4th amendment   have to have warrant to look through property  
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5th amendment   cant be tried for major crime twice  
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9th amendment   the rights of one group cannot hinder another group  
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14th amendment   no state can make or enforce laws to take away your rights, they have to go through all the proper steps  
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Federal Privacy Laws   the federal government is limited in collecting information on you to do business  
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Fair Credit Reporting Act   credit bureau has to give out accurate information  
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Family Educational Act   parents can access student records at school and can limit who gets those records  
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Financial Privacy   how your information will be released  
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covered entities   anyone that the hospital does business with  
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data (code) sets   CPT-4 procedure ICD-9 diagnosis, whats wrong with you  
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PHI   protected health information, anything that can identify the patient  
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NPP   notice of privacy practices, gives all the rules about your privacy  
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Public Health Statutes   vital stats such as birth, death, marriage, divorce and grades sanitary conditions in public facilities, C or lower is bad  
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death certificates   depends on the state you are in, 24-72 hours after a person dies to file death certificates  
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autopsy   required anytime there is a suspicious death whether family wants it or not  
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coroner   investigates death, not MD  
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Medical Examiner   must be MD  
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who checks water quality and has the right to exterminate pests?   Public Health Statutes  
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Childhood Vaccine Injury Act   some kids will have bad reaction to shots this is no fault you dont have to sue  
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reportable injuries   spousal, child, elder can report even if just suspected  
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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  
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Drug Enforcement Agency (DEA)   regulates sales of drugs, keeps inventory if doctor giving out narcotics in office  
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Food & Drug Administration (FDA)   checks medication and food to make sure it is safe  
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controlled substances   giving out anything with narcotics in office  
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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  
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OTC   over the counter  
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Employment at Will   can be terminated anytime for any reason  
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Just cause employment   3 warnings  
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Equal Pay Act   men and women have to be paid the same, women only make 85% of what men make  
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Right to Know Laws   material data sheets (MDS) have to be given upon employee request  
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OSHA   occupational safety and health administration, makes sure work place is safe  
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PPE   personal protective equipment  
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sexual harassment "quid pro quo"   meaning your get something for giving something  
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Needle Stick Prevention Acts   have to keep a log of all needle sticks done, dont recap needles  
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CDC, organization   center for disease control in Atlanta, GA  
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CLIA, law   clinical lab improvement act, spells out what lab tests can be done according to degree  
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worker's comp   medical, wages, permanent disability but state dont start paying until after a week  
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what is not considered marketing under HIPAA provisions?   mammogram reminder mailings, newsletters about childhood vaccinations, news about health fairs and classes  
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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  
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how does HIPPA's privacy rule protect PHI   electronic, written, spoken  
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covered transactions   electronic exchanges of information between two covered entities  
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de-identify   remove all information that identifies a patient  
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designated record set   records maintained by or for HIPAA covered entity  
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electronic data interchange (EDI)   HIPAA mandated standard for electronic transmissions  
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encryption   scrambling or coding of information before sending it electronically  
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firewalls   hardware, software designed to prevent unauthorized people from gaining electronic information  
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limited data set   protected health information from which certain patient identifiers have been removed  
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permission   a reason under HIPAA for disclosing patient information  
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rule   a document that includes the HIPAA standards or requirements  
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security   use of policies and procedures to protect electronic information from unauthorized access  
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standard   a general requirement under HIPAA  
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state preemption   if a state's privacy laws are stricter then HIPAA the state laws take precedence  
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transaction   transmission of information between two parties for financial or administrative activities  
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treatment, payment, and healthcare operations (TPO)   qualified healthcare providers can disclose PHI to obtain reimbursement, and activities and transactions among healthcare entities  
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verification   HIPAA requirement that patient identity be verified before protected healthcare information is released  
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administer   to instill a drug into the body of a patient  
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Amendments to the Older Americans Act   1987 federal act that defines elder abuse, neglect, exploitation, but doesnt deal with enforcement  
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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  
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forensics   law and medicine that involves medical issues or medical proof at trials having to do with malpractice, crimes, accidents  
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National Vaccine Injury Compensation Program (VCIP)   no fault federal system of compensation for children injured by vaccine, you dont have to sue  
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prescribe   to issue a medical prescription for a patient  
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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  
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who requires reports of communicable diseases and certain injuries, as mandated by state laws?   public health statutes  
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Child Abuse Prevention and Treatment Act of 1974   mandates reporting of child abuse  
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affirmative action   programs intended to remedy the effects of past discrimination  
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Chemical Hygiene Plan   aka The Standard for Occupational Exposures to Hazardous Chemicals in Labs, clarifies the handling of hazardous chemicals in medical labs  
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discrimination   prejudicial outlook, action, treatment  
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General Duty Clause   section of the Hazardous Communication Standard stating any equipment that may pose health risk be specified as a hazard  
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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  
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Medical Waste Tracking   federal law that allows OSHA to inspect hazardous medical wastes and to cite for unsafe, unhealthy practices  
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Occupational Exposure to Bloodborne Pathogen Standard   OSHA regulation passed in 1991 designed to protect against the risk of exposure to bloodborne pathogens  
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pathogens   disease-causing organisms  
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public policy   the common law concept of wrongful discharge when an employee has acted for the "common good"  
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surety bond   type of insurance that allows employers that are covered to collect up to the amount they purchased against employee dishonestly taking funds  
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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  
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Civil Rights Act of 1964   established by the EEOC  
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Pregnancy Discrimination Act   makes it illegal to discriminate because of pregnancy, childbirth, related medical condition  
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Age in Discrimination in Employment Act   protects employees 40+  
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Wagner Act   protects employees who engage in union or other organizational activities  
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Employee Retirement Income Security Act   regulates private pension funds and employer benefit programs  
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Social Security Act   provides for Medicare, unemployment insurance, disability, OASI with FICA funding  
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Rehabilitation Act   protects the disabled and mentally ill  
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