Legal and Ethical Responsibilities

Rules of conduct enacted and enforced by the government

What are laws?

Subjective statements made by patients

What may be included in medical records?

False

False imprisonment is threatening or attempting to harm another person

False

Health care workers should try to force their opinions about bioethical dilemmas on patients.

False

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

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

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

All of the above (Doctors, nurses, hospitals)

Malpractice lawsuits can be filed against:

Ethics

Rules of proper conduct among a group of people, such as a religion or profession, are called _____.

False

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

Policies

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

Client Rights

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

Health Insurance Portability and Accountability act

What does HIPAA stand for?

All of the above (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)

There are no additional costs to electronic medical records.

false

There are no additional costs to electronic medical records.

False

Breaches of confidential patient information never have serious consequences.

False

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

False

Ethical dilemmas occur when laws conflict.

The applicant is not old enough for the type of job or the hours required by the job.

For what reason may an employer legally NOT hire an applicant?

False

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

True

Health care providers must respond to patients' grievances.

True

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

True

The Clinical Laboratories Improvement Amendments, or CLIA, establish quality standards for laboratories.

True

The Employee Retirement Income Security Act requires health care and pension plans to give participants information about the plans.

False

The Family and Medical Leave Act allows employees to take unpaid leave for vacation.

Patients at a long-term care facility

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

All of the above (That health care workers know how to perform their job correctly, according to their profession's standards of care and that health care workers know what tasks they are NOT trained or licensed to do)

What does scope of practice require?

Child labor Equal pay Minimum wage Overtime pay

What does the Fair Labor Standards Act regulate?

A living will

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?

Applying risk management

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

Contract

What is a voluntary agreement between two people called?

Malpractice

What is professional negligence called?

True

If employees are injured at work or become ill due to work-related causes, workers' compensation will reimburse them for their medical costs and lost wages.

Transaction and Code Set Rule

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

True

In order for a health care worker to be guilty of malpractice, the 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.

The written permission that patients give to disclose protected health information

In the Privacy Rule, what is authorization

Patients

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

All of the above ( The patient, The person responsible for the breach, The facility)

Who is effected by a breach of confidential patient information?

true

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

Patient's other health care providers at a practice

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

True

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

False

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.

Registered nurses

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?

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.

All of the above ( Date of disclosure, Name of the person or entity to whom information was disclosed, Description of disclosure, Reason for disclosure)

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

All of the above (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.)

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

Computer server rooms should be locked.

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

All of the above ( Passwords should be updated frequently, Computers should have anti-virus software and Electronically transmitted information should be encrypted. )

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

Respect patients' right to make decisions regarding their health care, Care for patients according to their profession's scope of practice, Maintain confidentiality of patients' health information, Treat patients equally and without discrimination

According to their code of ethics, what should health care workers do?

True

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

An exception to informed consent is emergencies.

False

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

False

Assault is touching another person without the person's permission

Liability

Being legally responsible for causing harm is called _____.

False

Event reports are personal accounts of events.

True

Libel is publishing false text or images

False

Nurse assistants, licensed practical nurses and registered nurses all require the same amount of education

True

Occupational Safety and Health Administration, or OSHA, standards serve to protect employees from injury and illness in the workplace.

Psychotherapy notes

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

True

Patients may request amendments to their medical records.

True

Patients with serious medical conditions must have access to specialists.

False

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

Direct the behavior of the people belonging to the group, Directs the decisions of the people belonging to the group when faced with ethical problems

What does a code of ethics do?

Defamation of character

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

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

What is invasion of privacy?

A clear explanation of procedure or test

What is the first part of informed consent?

Release of Information form

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

Protected Health Information (PHI)

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

Confidentiality

What is using discretion when handling protected health information?

Accurate and understandable

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

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

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

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

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

To refuse and receive visitors of their choice and to consult in private and without interference

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

Emotional abuse

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

Civil law

What type of law focuses on disuptes between people?

Biological Chemical Physical Psychological

What type of work-related hazard does the Centers for Disease Control and Prevention, or CDC, prevent?

All of the above (minors under age of 18, incompetent people and semiconscious/unconscious people)

What types of people does legal disability include?

The government

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

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

When are health care workers liable?

At the first visit

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

1996

When did HIPAA become law?

False

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

True

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

An applicant's submission to sexual conduct is a term of the applicant's employment An employee's submission to or rejection of sexual conduct affects the employer's treatment of the employee Sexual conduct interferes with an employee's work performance or creates a hostile working environment

When may sexual harassment occur?

True

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

Uniform Anatomical Gift Act

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

Omnibus Budget Reconciliation Act (OBRA)

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

Patient Self Determination Act

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?

All of the above ( 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.)

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

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

Which of the following is an example of information that is obtained incidentally?

Health care workers

Who do medical records belong to?