Concept 58- Health Care Law

The new nurse correctly defines a law when stating which information? a) Law is a fundamental concept for health care professionals b) Law's rule is developed by the employee's organization c) Law's rule is enacted by a government agency that defines what must be done in a given circumstance d) Law is a mandate from the Joint Commission or other accrediting agency

C) Law's rule is enacted by a government agency that defines what must be done in a given circumstance

What is one of the major attributes of health care law? a. It defines the expected behavior of persons in the business of health care. b. The law or rule is easy to interpret and comply with. c. It is established by any health care authority. d. The creator must be an expert in health care.

a. It defines the expected behavior of persons in the business of health care. A health care law or rule defines expected behavior of persons in the business of health care or in health care relationships. Health care law is not easy to interpret or comply with and can only be established by organizations with legal authority for law making. Creators of health care law are often not experts in health care.

Which of the following is an example of a nurse violating the Health Insurance Portability and Accountability Act (HIPAA) of 1996? a. The nurse asks the unit clerk to look up lab values for her relative recently admitted to the hospital. b. A group of fellow employees are discussing a patient's clinical status in a public place. The nurse manager requests that they step into private room to complete the discussion. c. After entering the progress notes on a patient's electronic medical record, the nurse logs off the computer to allow her coworker to use the terminal. d. As a family approaches the nursing desk, the nurse removes the patient census sheet from view on the counter.

a. The nurse asks the unit clerk to look up lab values for her relative recently admitted to the hospital. When the nurse asks the unit clerk to look up lab values for her relative recently admitted to the hospital, the nurse is accessing protected health information not required for the nurse to perform his or her job. This is a violation of privacy even if it is a relative. The other choices are all actions that are consistent with protecting a patient's privacy right as defined by HIPAA.

Which of the following is false regarding state licensure laws? a. These laws establish the requirements for licensure to practice. b. Licensure is not necessary if the individual has completed training. c. The state regulatory agencies such as the state board of nursing are responsible for creating and enforcing these rules. d. The scope of practice defines what the professional can and cannot do within the scope of their licensure.

b. Licensure is not necessary if the individual has completed training. Licensure is required to practice after the completion of all required training for the profession. The state laws establish the requirements to practice and the state regulatory agencies are responsible for creating and enforcing the rules. The scope of practice defines what activities the professional is legally authorized to perform.

Which of the following is true about health care legislation? a. The US Constitution addresses health care law specifically to give the federal government the ability to license professionals and institutions. b. The power of the US Constitution does not have a direct relationship to health care and reserves most of the power to the states. c. State laws are considered the highest source of health care law and trump the federal laws. d. The federal government asserts its power over health care legislation through the US Constitution.

b. The power of the US Constitution does not have a direct relationship to health care and reserves most of the power to the states. The power of the US Constitution does not have a direct relationship to health care and reserves most of the power to the states. The other statements are false. The US Constitution does not address health care specifically. Either state or federal laws can be considered the highest source of law depending on which law has the stricter regulation or rule.

In which of the following answers is the hospital in compliance with the Consolidated Omnibus Budget Reconciliation Act and Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA)? a. The emergency department staff asks a patient to stay in the waiting room until the patients with insurance are treated. b. The emergency registration personnel explain to a patient that they must have proper identification to receive treatment. c. A patient with chest pain is triaged directly to a room for evaluation and registration information is obtained after the patient is stabilized. d. The emergency department physician discharges and instructs a patient who is actively suicidal to go the neighbor facility that has psychiatric services.

c. A patient with chest pain is triaged directly to a room for evaluation and registration information is obtained after the patient is stabilized EMTALA requires that any hospital that operates an emergency department and receives Medicare funds provide an appropriate screening exam to anyone who presented and stabilize any emergency medical condition prior to transfer to another facility. The other choices are in conflict with EMTALA because a medical screening exam must be provided without consideration of the patient's insurance, whether the patient has identification, or the facility's services.

The admission personnel working to comply with the Patient Self Determination Act of 1991 would do which of the following? a. Request identification from the patient to complete the registration process. b. Ask the patient if they would like a private or semi-private room. c. Inquire about the patient's reason for their visit. d. Ask the patient or representative if the patient has an advanced directive and inform them of their right to participate in their medical decisions.

d. Ask the patient or representative if the patient has an advanced directive and inform them of their right to participate in their medical decisions. Inquiring about a patient's advanced directive is a requirement of the Patient Self Determination Act of 1991. Inquiring about identification, type of room requested, and reason for visit are not addressed by the Patient Self Determination Act.

Which is an example of the regulatory power to make law? a. Joint Commission establishing a medication reconciliation standard. b. Centers for Disease Control and Prevention (CDC) developing recommendations for childhood immunizations. c. Institute of Medicine (IOM) defining the approximate number of medication errors that result in significant patient harm or death. d. Centers for Medicare and Medicaid Services (CMS) enacting rules for restraint and seclusion for participating hospitals.

d. Centers for Medicare and Medicaid Services (CMS) enacting rules for restraint and seclusion for participating hospitals. The Centers for Medicare and Medicaid Services (CMS) enacting rules for restraint and seclusion for participating hospitals refers to the enactment of law, while the other answers discuss the development of standards and recommendations that do not have the authority of law. There are some health care rules that may define expected behavior, but if these rules were not created by a government entity with legal authority, then they are not health care laws.