Legal and Ethics Unit

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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


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