AES Unit 3 Legal and Ethical Responsibilities

What is a case called in which a person is harmed because of another person's actions or failure to act?

tort

An exception to informed consent in emergencies

true

When problem solving, health care workers should identify the objective that must be achieved before making and implementing a plan.

true

Which of the following is TRUE of legal contracts?

A 35-year-old who is actively psychotic is not able to enter into a contract.

What is the first part of informed consent?

A clear explanation of a procedure or test

What is a voluntary agreement between two or more people?

A contract

What is a document that allows people to state what medical treatments they want or do not want to prolong their life in the event that they are unable to make decisions or communicate because of severe illness or injury?

A living will

Which of the following is a legal or public interest issue in which health information can be disclosed without authorization?

A patient has been diagnosed with tuberculosis. A coroner needs dental records to identify an accident victim. A doctor observes signs of abuse on a female patient's body. A patient's medical record is needed as evidence in a trial.

An implied contract is an agreement that is specifically and clearly stated.

False

Assault is touching another person without the person's permission.

False

Errors in medical records should be erased or covered with correction fluid.

False

False imprisonment is threatening or attempting to harm a person.

False

Health care providers can discriminate against patients based on socio-economic status.

False

Nurse assistants, licensed practical nurses, and registered nurses must complete the same amount of education.

False

The durable power of attorney can outweigh the guide in a living will

False

There are no additional costs to electronic medical records.

False

What is it called when a person's freedom is intentionally violated?

False Imprisonment

What is it called when a person's right to be left alone is intentionally interfered with?

Invasion of privacy

According to the Privacy Rule, which of the following is true about authorization?

It must be signed and dated. It must be written in plain language. It must have an expiration date. It must state the right to refuse authorization.

What are the rules of conduct enacted and enforced by governments?

Laws

What types of people does legal disability include?

Minors under the age of 18 Incompetent people Semi Conscious or unconscious people

Brenda is a patient at a retirement community who is suffering from dementia. One day, she began hitting several patients in the cafeteria. Several health care workers forcibly restrained Brenda until she calmed down. Is this a case of assault and battery?

No

Ricardo is a nursing assistant. According to scope of practice, who is Ricardo allowed to delegate work to and supervise in implementing care?

None of the above

Which federal act created a list of rights for residents at long term care facilities called the Residents' Bill of Rights?

Omnibus Budget Reconciliation Act (OBRA)

According to the Security Rule in HIPAA, which of the following is an example of a technical safeguard?

Passwords should be updated frequently. Computers should have anti-virus software. Electronically transmitted information should be encrypted.

Which federal act requires health care providers to provide information to patients about their rights to make decisions regarding their health care and to have advance directives?

Patient Self- Determination Act

With whom can patient information be shared without the patient's permission?

Patient's other health care providers at a practice

Who has the right to make decisions regarding patient care?

Patients

The Residents' Bill of Rights contains rights for which patients?

Patients at a long-term care facility

Which of the following may be considered an exception to the requirement for informed consent?

Performing CPR on an unconscious patient

What are the principles that direct a facility's activities and state what a facility does?

Policies

What is the term used to describe any individually identifiable health information about a patient?

Protected Health Information (PHI)

Patients have a right to obtain a copy of their medical records. Which item is legally allowed to be kept from the patient?

Psychotherapy notes

According to scope of practice, who should verify medical orders for proper authorization, accuracy, and risks?

Registered Nurses

According to scope of practice, who can teach nursing theory and practice in educational programs when qualified?

Registered nurses

What is the name of the form that patients must sign to give permission to the medical facility to disclose health information?

Release of Information form

What right(s) do patients have under the Patient's Bill of Rights?

The right to make a grievance The right to make health care decisions The right to respect The right to privacy

In the Privacy Rule, what is authorization?

The written permission that patients give to disclose protected health information

What right(s) do residents of long-term health care facilities have?

To be properly sheltered, fed, clothed, groomed, and cared for To manage their own personal finances To pursue social, cultural, religious, political, and community interests and activities To be discharged or transferred only for medical reasons, their own or other residents' welfare, or nonpayment

Advance directives are legal documents that allow people to state what medical treatments they want or do not want in the event that they are unable to make decisions or communicate because of severe illness or injury.

True

Health care providers must respond to patients' grievances.

True

Health care workers, not patients, have the right to make decisions about patients' health care.

True

In order for health care workers to be guilty of malpractice, a patient must have received a serious injury.

True

In order to reach a correct diagnosis and the best treatment, patients should give complete and truthful information to their physicians.

True

Information that is shared between a physician and patient is privileged communication.

True

Libel is publishing false text or images.

True

Patients may request amendments to their medical records

True

Patients with serious medical conditions must have access to specialists.

True

With electronic medical records, users are able to remotely access to up-to-date information.

True

Which federal act allows people to donate their body or parts of their body after death for transplantation or medical research?

Uniform Anatomical Gift Act

When did HIPPA become a law?

1996

What kind of information must health care providers give to patients?

Accurate Understandable

Which of the following is included in informed consent?

An explanation of the test and permission from the patient

What is a process of identification, evaluation, and prevention?

Applying risk management

When are medical facilities required to notify patients of the privacy policy?

At the first visit

Intentionally touching another person without permission is called what?

Battery

How may people state that they want to donate their body or parts of their body after death?

By filling out a donor card or by giving permission on their driver's license By joining their state's donor registry By stating their decision in their living will and will By telling their durable power of attorney for health care agent

What type of law focuses on disputes between people?

Civil War

What are the rights that people are entitled to when they are in a relationship with a professional, such as an attorney or physician?

Client Rights

According to the Security Rule in HIPAA, which of the following is an example of a physical safeguard?

Computers server rooms should be locked

What is using discretion when handling protected health information?

Confidentiality

According to the Privacy Rule, which item must be included in a record of disclosures of protected health information?

Date of disclosure Name of the person or entity to whom information was disclosed Description of disclosure Reason for disclosure

What is intentionally damaging a person's reputation by making false statements about the person called?

Defamation of character

Which of the following terms means releasing, transferring, or providing access to protected health information?

Disclosure

Malpractice lawsuits can be filed against

Doctors Nursing assistants Hospitals

When health data is needed for research, the entire medical record is disclosed to the researchers.

Dr. Kemper discusses a health condition with a patient behind closed doors. A nurse outside the door hears the conversation.

Which type of contract is specifically and clearly stated?

Expressed contract

According to HIPAA, a health insurance company can deny coverage to a person with pre-existing health conditions.

False

According to scope of practice, nurse assistants should delegate and supervise subordinate staff in implementing care.

False

What does HIPPA stand for?

Health Insurance Portability and Accountability Act

When are health care workers liable?

If they breach a contract If they commit a criminal offense If they do not meet the established standards of care

Dr. Josef is recording his dictating notes in the emergency room and you hear him mention that the patient in the next room is a victim of domestic violence. Which of the following describes your knowledge of the situation according to HIPAA?

Incidental disclosure

A well-known celebrity is in the hospital recovering from a heart attack. A health care worker takes several pictures of the celebrity without permission and gives the pictures to a newspaper reporter. What type of offense has the health care worker committed?

Invasion of privacy

Speaking false words about people with the intention of damaging their reputation is considered which of the following?

Slander

What may be included in medical records?

Subjective statements made by patients

What does scope of practice require?

That healthcare workers know how to perform their job correctly, according to their profession's standards of care That healthcare workers know what tasks they are NOT trained or licensed to do

In HIPAA, what is the name of the rule that required nationally standardized medical transactions and codes?

Transaction and Code Set Rule

A tort is a case in which a person is harmed because of another person's actions or failure to act.

True

According to the Privacy Rule in HIPAA, patients must provide written authorization before health information is released to anyone else.

True

According to the Privacy Rule, patients may request that medical facilities call them at a work phone number instead of a home phone number.

True

What is professional negligence called?

malpractice

What is the most common charge against healthcare workers?

malpractice