HC21 Legal and Ethical
Tort
A case in which a person is harmed because of another person's actions or failure to act. (i.e. when a health worker doesn't meet standards of care)
Risk management
A process of identification, evaluation, and prevention. Then it evaluates this information. Following this, it uses the results to prevent predicted harm.
Autonomy
Health care workers respect patients' dignity and rights, including their right to make decisions regarding their health care.
Fair Labor Standards Acts (FLSA)
Law requiring federal minimum wages and overtime of pay and a half. Includes equal pay for men and women in the same jobs and restricts working rules for minors.
Employee Retirement Income Security Act (ERISA)
Law that regulates health care and pension plans that private-sector employers provide to their employees.
Family and Medical Leave Act
Law that requires employers to allow employees to take up to 12 weeks unpaid leave per year for personal reasons.
Equal Employment Opportunity Commission (EEOC)
Laws that prohibit discrimination based on race, religion, sexual orientation, nationality, age, marital status, political views, disabilities, etc.
Workers' Compensation
Laws that require employers to insure employees in the event that they are injured at work or become ill due to work-related causes.
Clinical Laboratories Improvement Amendments (CLIA)
Laws to establish quality standards for laboratories.
How serious must an injury be to be considered Malpractice?
Must be a major injury to charge a healthcare worker. Minor injures do not fall under malpractice.
Right to request an amendment of protected health information
Patients may request a change to their medical record if they feel that something is incorrect.
Right to receive an accounting of disclosures of protected health information
Patients may request a record of all the instances in which their personal information was disclosed.
Right to request confidential communications
Patients may request reasonable, alternative forms of communication.
Right to request restrictions on certain uses of protected health information
Patients may select which items in their medical records should not be disclosed
Morals
Personal Ethics
Anecdotal records
Personal accounts or records of an event, personally owned
Malpractice
Professional negligence, most common charge, result of acting outside scope of practice.
What is one way workers can reduce liability?
Proper documentation
Libel
Publishing false text or images
Liability
Refers to being legally responsible for causing harm. Health care workers are liable if they commit a criminal offense.
Employer liability
Refers to employers of health care workers being responsible for workers causing harm.
Personal liability
Refers to health care workers being responsible for causing harm.
Supervisory liability
Refers to supervisors of health care workers being responsible for workers causing harm.
What is exempt from priveledged communication?
Reports of abuse
Laws
Rules of conduct enacted and enforced by governments. Laws help protect people.
Ethics
Rules of proper conduct among a a group of people, i.e. a profession
Disclosure
The release, transfer, or provision of access to protected health information.
Negligence
Unintentionally harming a person by acting in an improper way.
Confidentiality
Using discretion when handling protected health information.
Right to access a copy of protected health information
With the exception of psychotherapy notes, patients may access, inspect, and obtain a copy of their medical records.
What are the three parts in a contract?
-Offer -Acceptance -Consideration
Conditions of Sexual Harassment
-Submission to sexual acts for applicants employment -Rejection of sexual advancements that lead to altered treatment of employee/employer -Sexual actions that interfere with work creating a hostile environment
Disclosure without authoritization exceptions
-When a patient requests to see his or her own personal information -When permission to disclose is obtained -When information is used for treatment, payment, and health care operations -When disclosures are obtained incidentally -When information is needed for research -legal or public interest issues
Criminal offenses of healthcare workers
-falsifying records -practicing without a license -misuse of drugs -stealing of drugs -murder
Legal disability
-people under 18 -Incompetent people -semiconscious or unconscious people These people cannot enter into a contract
How long should records be kept?
2-7 years
Expressed contract
An agreement that is specifically and clearly stated. The agreement may be made either in words or writing.
Implied Contract
An agreement that is understood without being stated in words or writing.
Protected health information (PHI)
Any individually identifiable health information about a patient.
What is the difference between assault and battery?
Assault is saying you will harm someone, battery is actually touching someone, EVEN if you don't harm them.
Informed consent
Consists of two parts: -Clear explanation of procedure, risks, benefits, consequences, etc. -Permission to receive test/procedure by a competent and voluntary patient. Patient has right to withdraw.
Privacy
Defined as a patient's right to control the use of protected health information.
Bioethical dilemmas
Dilemmas that involve health care and biological sciences. For example, euthanasia is a bioethical dilemma.
Release of Information form
Document signed by patient after receiving Notice of Privacy Practices allowing disclosure of their information.
What are exceptions to informed consent?
Emergency situations are exempt, minor procedures such as X-rays, blood draws, etc.
The Privacy Rule
Established nationwide standards that are used to protect private patient information.
Civil Law
Focuses on disputes between people, plaintiff is the person who claims harm.
Who has ownership over medical records?
Health care providers have ownership but patients are allowed access.
Fidelity
Health care workers care for patients according to their profession's scope of practice.
Veracity
Health care workers communicate with patients truthfully.
Beneficence
Health care workers promote patients' health and well being.
Nonmaleficence
Health care workers refrain from harming patients.
What are the two types of contracts?
Implied and expressed
Privileged communication
Information that is shared within a protected relationship.
Defamation of character
Intentionally damaging a person's reputation by making false statements about the person. Either slander or Libel.
Invasion of privacy
Intentionally interfering with a person's right to be left alone.
Assault
Intentionally threatening or attempting to harm a person.
Battery
Intentionally touching another person without the person's permission, even if the contact does not cause harm.
False Imprisonment
Intentionally violating a person's freedom
Slander
Speaking false words.
What may be included in medical records?
Subjective statements made by patients
Policies
The principles that direct the facility's activities.
Who is the plaintiff in criminal law?
The government
Procedures
The methods the facility uses to carry out its policies. Procedures explain how the facility operates.
Authorization
The permission that patients give in order to disclose protected health information. -must be written -Entities who can view PHI -Must have expiration date -Signed and dated by patient -Right to refuse authorization
Right to Notice of Privacy Practices
Written copy of the facility's rules and the patient's rights regarding protected health information.
Event reports
Written reports of accidents or violations in the facility, federally owned
Is sexual harassment illegal?
Yes, it is a form of discrimination. Employees cannot be fired for reasons under sexual harassment.
Entities
health care providers, health insurance providers, and health care clearinghouses, who handle insurance claims.
What other non technological equipment should be given protective measures?
printers, copiers, fax machines, and telephones.