Legal and Ethical Responsibilities Review

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

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

true

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

understandable and accurate

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

False

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

False

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

False

True or False: False imprisonment is threatening or attempting to harm a person.

False

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

False

True or False: There are no additional costs to electronic medical records.

False

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

False

True or False: breaches of confidential patient information never have serious consequences.

False

True or False: Assault is touching another person without the person's permission.

Flase

What does HIPAA stand for?

Health Insurance Portability and Accountability Act

What is invasion of privacy?

Intentionally interfering with a person's right to be left alone

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

Transaction and Code Set Rule

True or False: Health care providers must respond to patients' grievances

true

True or False: Information that is shared between a physician and patient is privileged communication

true

When did HIPAA become law?

1996

What is the first part of informed consent?

A clear explanation of a procedure or test

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 law

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

Computer server rooms should be locked

What is using discretion when handling protected health information?

Confidentiality

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

Defamation of character

Malpractice lawsuits can be filed against:

Doctors, Nursing assistants, Hospitals

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

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

What types of people does legal disability include?

Minors under the age of 18, Incompetent people, Semiconscious or unconscious people

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

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

Patients at a long-term care facility

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

Protected Health Information (PHI)

True or False: Patients with serious medical conditions must have access to specialists.

true

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 can teach nursing theory and practice in educational programs when qualified?

Registered nurses

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

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 are laws?

Rules of conduct enacted and enforced by a government

What may be included in medical records?

Subjective statements made by patients

What does scope of practice require?

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

When a criminal law is broken, who is the plaintiff, or the party that brings charges against the alleged offender?

The government

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

True or False: When leaving telephone messages, health care workers should not speak about any confidential information.

true

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

True

True or False: 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

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

True

True or False: Libel is publishing false text or images.

True

True or False: Patients may request amendments to their medical records.

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

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

true

What protective measures should be taken to ensure that electronic medical records are confidential and secure?

Using passwords, fingerprints, voice recognition, and eye patterns; Placing monitors where others cannot see the screen; Not sending confidential information via e-mail; Backing up data

What is a voluntary agreement between two or more people called

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

ex: after Jane Xavier filed an electronic insurance claim, it was processed within 5 days. She was pleased because just a few years ago, the claims process took about 30 days

administrative simplification

ex: a medical assistant threatens to hit a patient if he doesn't stop yelling

assault

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

at their first visit

ex: The permission that patients give in writing in order to disclose protected health information

authorization

ex: a patient refuses to be given an injection but a nurse gives her the injection anyway

battery

ex: an MRI is recommended by your physician to gain information to diagnose your condition

benefits

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

ex: Using discretion when handling protected health information

confidentiality

ex: if you choose not to have an MRI, your physician may not be able to gain the information needed to diagnose your condition

consequences of not performing

According to the Privacy Rule, what items 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, and reason for disclosure

ex: a physician reports that a person is HIV-positive when, in fact, she is not

defamation of character

ex: the release, transfer, or provision of access to protected health information

disclosure

What type of abuse includes excessive demands, insults, humiliation, jealousy, control, isolation, stalking, threats, lack of affection, and lack of support?

emotional abuse

Protected or Exempt: a baby is born to a patient

exempt

Protected or Exempt: a child is being abused

exempt

Protected or Exempt: a patient dies

exempt

Protected or Exempt: a patient tests positive for HIV

exempt

Protected or Exempt: court-ordered health information

exempt

ex: magnetic resonance imaging, or MRI, is a test whereby a person is placed within a magnetic field and radio waves are sent into the body tissues. A computer then makes pictures of the body's interior from the radio "echoes" returning to it

explanation

True or False: An implied contract is an agreement that is specifically and clearly stated.

false

True or False: Health care providers can discriminate against patients based on socio-economic status

false

True or False: Health care workers, not patients, have the right to make decisions about patients' health care

false

True or False: The durable power of attorney can outweigh the guidelines in a living will.

false

True or False: Unneeded printouts, copies, and faxes of confidential information should be thrown in trash cans.

false

ex: a physician inappropriately holds a patient against his will

false imprisonment

Who do medical records belong to?

health care providers

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

information that is obtained incidentally

ex: Michael Schmidt and his family had access to health insurance even after he lost his job

insurance portability

ex: a licensed practical nurse talks to a registered nurse about a patient in the elevator with other people present

invasion of privacy

What is professional negligence called?

malpractice

ex: a surgeon leaves gauze inside the surgery site, and the patient develops a life-threatening infection

malpractice

Who has the right to make decisions regarding patients' health care?

patients

ex: the MRI test has been explained to me. I have no further questions. I authorize the performance of the MRI. Ishmael Ruiz October, 18, 20XX

permission

ex: The patients' right to control the use of their protected health information

privacy

ex: Lydia Wilson signed a Release of Information form that gave her family doctor permission to share her medical records with her obstetrician

privacy of health information

Protected or Exempt: a patients' health insurance information

protect

Protected or Exempt: a patient says she feels depressed

protected

Protected or Exempt: a patients' health care bill

protected

Protected or Exempt: a patients' medical records

protected

ex: Any individually identifiable health information about a patient

protected health information

ex: an MRI cannot be performed if you are pregnant or think you may be pregnant or if you have a cardiac pacemaker, surgical clips, any other metal implants or devices, or metal fragments in your body

risks

ex: Fairview Hospital installed a fingerprint-activated security system to the medical records department

security of electronic records

Who is affected by a breach of confidential patient information?

the patient, the person responsible for the breach, and the facility

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

true

True or False: 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

True or False: An exception to informed consent is emergencies

true


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