Legal and Ethics Unit
Regulates health care and pension plans provided by private-sector employers
Employee Retirement Income Security Act
Rules of conduct enacted and enforced by governments
Laws
What is the first part of informed consent?
A clear explanation of a procedure or test
invasion of privacy
A licensed practical nurse talks to a registered nurse about a patient in the elevator with other people present.
An implied contract is an agreement that is specifically and clearly stated.
False
Assault is touching another person without the person's permission
False
Breaches of confidential patient information never have serious consequences.
False
Errors in medical records should be erased or covered with correction fluid.
False
Health care providers can discriminate against patients based on socio-economic status.
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
False
Nurse assistants, licensed practical nurses, and registered nurses must complete the same amount of education.
False
The Family and Medical Leave Act allows employees to take unpaid leave for vacation.
False
The durable power of attorney can outweigh the guidelines in a living will.
False
Being legally responsible for causing harm is called _____.
Liability
Enforces safety and health standards in the workplace Occupational Safety and Health Administration
Occupational Safety and Health Administration
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.
With whom can patient information be shared without the patient's permission?
Patient's other health care providers at a practice
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
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 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
A nursing home identifies that it has been sued for several adverse events. The facility discovers that the patients who sued experienced poor relationships with staff. To prevent future lawsuits, the facility institutes a communication training program for staff.
Risk Management
In the Privacy Rule, what is authorization?
The written permission that patients give to disclose protected health information
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
Occupational Safety and Health Administration, or OSHA, standards serve to protect employees from injury and illness in the workplace.
True
Patients may request amendments to their medical records
True
Patients with serious medical conditions must have access to specialists.
True
The Clinical Laboratories Improvement Amendments, or CLIA, establish quality standards for laboratories.
True
When problem solving, health care workers should identify the objective that must be achieved before making and implementing a plan.
True
With electronic medical records, users are able to remotely access to up-to-date information.
True
What kind of information must health care providers give to patients?
Understandable, Accurate
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
Confidentialilty
Using discretion when handling protected health information
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 does scope of practice require?
-That health care workers know what tasks they are NOT trained or licensed to do -That health care workers know how to perform their job correctly, according to their profession's standards of care
When did HIPAA become law?
1996
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
Assault
A medical assistant threatens to hit a patient if he doesn't stop yelling.
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.
Battery
A patient refuses to be given an injection but a nurse gives her the injection anyway.
False Imprisonment
A physician inappropriately holds a patient against his will.
defamation of character
A physician reports that a person is HIV-positive when, in fact, she is not.
Malpractice
A surgeon leaves gauze inside the surgery site, and the patient develops a life-threatening infection.
When may sexual harassment occur?
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
What is a process of identification, evaluation, and prevention?
Applying risk management
Malpractice lawsuits can be filed against:
Doctors,Nursing assistants,Hospitals,All of the above
Which of the following is an example of information that is obtained incidentally?
Dr. Kemper discusses a health condition with a patient behind closed doors. A nurse outside the door hears the conversation.
What type of abuse includes excessive demands, insults, humiliation, jealousy, control, isolation, stalking, threats, lack of affection, and lack of support?
Emotional abuse
There are no additional costs to electronic medical records.
False
Unneeded printouts, copies, and faxes of confidential information should be thrown in trash cans.
False
What are the principles that direct a facility's activities and state what a facility does?
False
When health data is needed for research, the entire medical record is disclosed to the researchers.
False
Requires employers to allow employees to take unpaid leave for medical reasons and family needs
Family and Medical Leave Act
A physician prescribes penicillin to a patient with a documented allergic reaction to penicillin. When the penicillin is administered to the patient, the patient again has an allergic reaction. The physician's supervisor reports the physician's violation. Filing event reports
Filing event reports
What types of people does legal disability include?
Minors under the age of 18, Incompetent people. Semiconscious or unconscious people
An individual's personal values
Morals
A clinically depressed woman who takes antidepressant medication becomes pregnant. Antidepressants, though, could harm the fetus. Her physician lists possible solutions, evaluates each, chooses the best one, and closely assesses its affects.
Problem- Solving
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
What is invasion of privacy?
Intentionally interfering with a person's right to be left alone
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
A registered nurse records a patient's care completely, objectively, legibly, and in a timely manner.
Keeping proper documentation
According to their code of ethics, what should health care workers do?
Respect patients' rights 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
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
What are laws?
Rules of conduct enacted and enforced by a government
Fairview Hospital installed a fingerprint-activated security system to the medical records department.
Security of Electronic Records
Disclosure
The release, transfer, or provision of access to protected health information
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
The Employee Retirement Income Security Act requires health care and pension plans to give participants information about the plans.
True
When leaving telephone messages, health care workers should not speak about any confidential information.
True
An exception to informed consent is emergencies
True
Who do medical records belong to?
health care providers
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
Protected Health Information (PHI)
Any individually identifiable health information about a patient
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
Protects all people from infectious, occupational, environmental, and terrorist threats
Centers for Disease Control and Prevention
What type of law focuses on disputes between people?
Civil law
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
Rules of proper conduct among a group of people, such as a religion or profession
Ethics
In a hospital, lab specimens are to be labeled properly. As a result, when labeling a blood sample, a medical assistant records the patient's surname, first, and middle as well as the patient's ID number. Then the medial assistant records the date, time, and his initials.
Following policies and procedures
What does HIPAA stand for?
Health Insurance Portability and Accountability Act
Michael Schmidt and his family had access to health insurance even after he lost his job
Insurance Portability
What may be included in medical records?
Subjective statements made by patients
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 residents of long-term health care facilities have?
To refuse and receive visitors of their choice and to consult in private and without interference
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
Requires employers to insure employees in the event that they are injured at work or become ill due to work-related causes
Workers' Compensation
What is professional negligence called?
malpractice
When are medical facilities required to notify patients of the privacy policy?
At the first visit
An MRI is recommended by your physician to gain information to diagnose your condition.
Benefits
What type of work-related hazard does the Centers for Disease Control and Prevention, or CDC, prevent?
Biological, Chemical, Physical, Psychological
What does the Fair Labor Standards Act regulate?
Child labor, Equal pay, Minimum wage, Overtime pay
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
Establish quality standards for laboratories, including protecting lab workers from infectious, chemical, electrical, and fire hazards
Clinical Laboratories Improvement Amendments
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
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
What is a voluntary agreement between two or more people called?
Contract
What does a code of ethics do?
Directs the decisions of the people belonging to the group when faced with ethical problems,Directs the behavior of the people belonging to the group
Rules of proper conduct among a group of people, such as a religion or profession, are called _______.
Ethics
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
Regulates minimum wage and overtime pay, equal pay, and child labor
Fair Labor Standards Act
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
Ethical dilemmas occur when laws conflict.
False
Event reports are personal accounts of events.
False
False imprisonment is threatening or attempting to harm a person.
False
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
Who has the right to make decisions regarding patients' health care?
Patients
The Residents' Bill of Rights contains rights for which patients?
Patients at a long-term care facility
What are the principles that direct a facility's activities and state what a facility does?
Policies
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
For what reason may an employer legally NOT hire an applicant?
The applicant is not old enough for the type of job or the hours required by the job.
Who is effected by a breach of confidential patient information?
The patient,The person responsible for the breach,The facility
Privacy
The patients' right to control the use of their protected health information
Authorization
The permission that patients give in writing in order 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
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.
True
In order for health care workers to be guilty of malpractice, a patient must have received a serious injury.
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
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
