BUSN 2810 Ch 9

Durable Power of Attorney

A document that allows a competent patient to name someone else to make health care decisions in the event the patient becomes incapacitated or unable to make personal decisions

Living Will

A document that provides direction as to medical care in the event the patient becomes incapacitated or unable to make personal decisions

How is substituted consent defined?

A health care provider can provide treatment to the patient when the patient cannot provide consent to treatment and an authorized individual provides consent.

Psychiatric Advance Directive

A legal document expressing a person's preference for future mental health treatment

Historically, consent was brought to court as which type of lawsuits?

Battery

international provisions

Defines personal data as "any information relating to an identified or identifiable natural person" and mentions a wide array of factors, including the "physical, psychological, genetic, mental, economic, cultural, or social identity" of the person in question.

You are the director of health information services at a medium-size health care facility providing general, emergency, and pediatric care. Because of downsizing and consolidation of managerial functions, you are also responsible for staff education in your facility. Discuss how you would structure and present an inservice program to staff members of various departments that addresses confidentiality policies and procedures of your facility and the legal bases underlying these policies and procedures.

First, I'd ensure all of the staff was aware of the facility's policies on releasing non-confidential and confidential information. There should also be special training on handling the requests and evaluating what is acceptable to release for specific situations and what is not. As the director, I would conduct training groups to develop the knowledge of consistent and proper procedures so that employees are able co confidently handle the release of confidential information. After reviewing the goals and policies of the facility and ensuring that all staff has received proper training, I will examine their performance and assess the employees' understanding and skills. With an assessment, I can identify any weaknesses and strengths of each staff member and evaluate what needs correction or improvement as far as training or procedures go.

Which laws are in place to protect health care providers from potential liability while providing care in emergency situations in nontraditional settings?

Good Samaritan laws

Personal and medical information that contains identifiers by which an individual can be recognized are referred to as

PHI - protected health information

Your elderly relative completed a living will, identifying the medical care she wants performed and the medical care she wants withheld in the event she cannot communicate her wishes. She was in a car accident and is now comatose. She is receiving care at a nearby hospital and you have been contacted as next of kin. What should you do?

Present a copy of the living will your relative entrusted to you to the hospital so that it is added to your relative's health record.

common law provisions

Protections of health information essentially recognize the individual's right to bring a lawsuit for damages or injunctive relief against one who inappropriately obtains, discloses, or uses patient-specific health information.

In which situation would informed consent be forgone due to the nature of the situation?

Surgery to repair a ruptured spleen on a child

Due to your education and training, you are knowledgeable about the various forms of advance directions that are recognized in the health care field. You have an elderly relative to whom you are close and you have educated that relative about the various forms of health care directives available. She meets with you to discuss the details of these advance directives and asks your advice on whether or not to complete them. What do you advise?

You urge your relative to protect herself now by creating at least one advance directive that can be used in the future if she later becomes incompetent.

Health information becomes confidential

after it is made available to the health care provider

constitutional provisions

although the scope of the privacy right has never been clearly defined by the Supreme Court, the Court has applied it in the context of health information

Advance directives

are written instructions that relate to the kind of health care the patient wishes to have or not have when incapacitated

Prior to the development of the informed consent doctrine, which theory would have been used to hold a physician accountable for his actions?

battery

A parent or legal guardian can provide substituted consent for a minor in all of the following situations except

college admittance

A living will provides

direction about what medical care is to be provided in the event of incapacitation or inability to make decisions

Informed consent is a

document attesting to the patient's agreement to treatment permitted or provided

As a general rule, HIV/AIDS confidentiality statutes place restrictions on identifying the patient tested but not the test result.

false

The professional disclosure standard measures what material information is necessary for an average, reasonable patient to reach a decision to consent to or forgo treatment.

false, the reasonable pt standard

The Freedom of Information Act applies to

governmental record-keeping only

When would substituted consent be used?

if the patient cannot provide consent to treatment

Privacy refers to the right to be left alone. Confidentiality is the

obligation of a health care provider to prevent dissemination of patient information

Records held by a state agency correspond with principles of FOIA and fall into the _____ category of confidentiality protection

open record

The Privacy Act of 1974

presumes that information be kept confidential

Implied or tacit consent applies to

procedures involving little or no risk to the patient

Ethical guidelines have been established regarding patients with HIV and AIDS, which state that

providers' obligation of confidentiality does not cease with the death of the patient

A constitutional basis for the right to privacy exists because

the Supreme Court has applied privacy in the context of health information

statutory provisions

the statutes created focus on the type of records involved, the limits placed on the use of the protected records, and whether the government or the private sector is involved

Substituted consent allows a health care provider to provide treatment to the patient when the patient cannot provide consent to treatment

true

Good Samaritan laws provide legal protection for _____ treatment

unauthorized