Legal and Ethical Responsibilities Review
True or False; In order to reach a correct diagnosis and the best treatment, patients should give complete and truthful information to their physicians.
true
What kind of information must health care providers give to patients?
understandable and accurate
True or False: According to HIPAA, a health insurance company can deny coverage to a person with pre-existing health conditions.
False
True or False: According to scope of practice, nurse assistants should delegate and supervise subordinate staff in implementing care.
False
True or False: Errors in medical records should be erased or covered with correction fluid.
False
True or False: False imprisonment is threatening or attempting to harm a person.
False
True or False: Nurse assistants, licensed practical nurses, and registered nurses must complete the same amount of education.
False
True or False: There are no additional costs to electronic medical records.
False
True or False: When health data is needed for research, the entire medical record is disclosed to the researchers.
False
True or False: breaches of confidential patient information never have serious consequences.
False
True or False: Assault is touching another person without the person's permission.
Flase
What does HIPAA stand for?
Health Insurance Portability and Accountability Act
What is invasion of privacy?
Intentionally interfering with a person's right to be left alone
In HIPAA, what is the name of the rule that required nationally standardized medical transactions and codes?
Transaction and Code Set Rule
True or False: Health care providers must respond to patients' grievances
true
True or False: Information that is shared between a physician and patient is privileged communication
true
When did HIPAA become law?
1996
What is the first part of informed consent?
A clear explanation of a procedure or test
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
What type of law focuses on disputes between people?
Civil law
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
What is intentionally damaging a person's reputation by making false statements about the person called?
Defamation of character
Malpractice lawsuits can be filed against:
Doctors, Nursing assistants, Hospitals
According to the Privacy Rule, which of the following is true about authorization?
It must be signed and dated, written in plain language, have an expiration date, and state the right to refuse authorization
What types of people does legal disability include?
Minors under the age of 18, Incompetent people, Semiconscious or unconscious people
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
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
With whom can patient information be shared without the patient's permission?
Patient's other health care providers at a practice
The Residents' Bill of Rights contains rights for which patients?
Patients at a long-term care facility
What is the term used to describe any individually identifiable health information about a patient?
Protected Health Information (PHI)
True or False: Patients with serious medical conditions must have access to specialists.
true
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
What are laws?
Rules of conduct enacted and enforced by a government
What may be included in medical records?
Subjective statements made by patients
What does scope of practice require?
That healthcare workers know what tasks they are NOT trained or licensed to do, and how to perform their job correctly, according to their profession's standards of care
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 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
In the Privacy Rule, what is authorization?
The written permission that patients give to disclose protected health information
True or False: When leaving telephone messages, health care workers should not speak about any confidential information.
true
True or False: A tort is a case in which a person is harmed because of another person's actions or failure to act.
True
True or False: 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
True or False: In order for health care workers to be guilty of malpractice, a patient must have received a serious injury.
True
True or False: Libel is publishing false text or images.
True
True or False: Patients may request amendments to their medical records.
True
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
True or False: With electronic medical records, users are able to remotely access to up-to-date information.
true
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 is a voluntary agreement between two or more people called
a contract
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
ex: 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
ex: a medical assistant threatens to hit a patient if he doesn't stop yelling
assault
When are medical facilities required to notify patients of the privacy policy?
at their first visit
ex: The permission that patients give in writing in order to disclose protected health information
authorization
ex: a patient refuses to be given an injection but a nurse gives her the injection anyway
battery
ex: an MRI is recommended by your physician to gain information to diagnose your condition
benefits
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
ex: Using discretion when handling protected health information
confidentiality
ex: 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
According to the Privacy Rule, what items 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, and reason for disclosure
ex: a physician reports that a person is HIV-positive when, in fact, she is not
defamation of character
ex: the release, transfer, or provision of access to protected health information
disclosure
What type of abuse includes excessive demands, insults, humiliation, jealousy, control, isolation, stalking, threats, lack of affection, and lack of support?
emotional abuse
Protected or Exempt: a baby is born to a patient
exempt
Protected or Exempt: a child is being abused
exempt
Protected or Exempt: a patient dies
exempt
Protected or Exempt: a patient tests positive for HIV
exempt
Protected or Exempt: court-ordered health information
exempt
ex: 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
True or False: An implied contract is an agreement that is specifically and clearly stated.
false
True or False: Health care providers can discriminate against patients based on socio-economic status
false
True or False: Health care workers, not patients, have the right to make decisions about patients' health care
false
True or False: The durable power of attorney can outweigh the guidelines in a living will.
false
True or False: Unneeded printouts, copies, and faxes of confidential information should be thrown in trash cans.
false
ex: a physician inappropriately holds a patient against his will
false imprisonment
Who do medical records belong to?
health care providers
ex: Dr. Kemper discusses a health condition with a patient behind closed doors. A nurse outside the door hears the conversation.
information that is obtained incidentally
ex: Michael Schmidt and his family had access to health insurance even after he lost his job
insurance portability
ex: a licensed practical nurse talks to a registered nurse about a patient in the elevator with other people present
invasion of privacy
What is professional negligence called?
malpractice
ex: a surgeon leaves gauze inside the surgery site, and the patient develops a life-threatening infection
malpractice
Who has the right to make decisions regarding patients' health care?
patients
ex: 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
ex: The patients' right to control the use of their protected health information
privacy
ex: 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
Protected or Exempt: a patients' health insurance information
protect
Protected or Exempt: a patient says she feels depressed
protected
Protected or Exempt: a patients' health care bill
protected
Protected or Exempt: a patients' medical records
protected
ex: Any individually identifiable health information about a patient
protected health information
ex: 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
ex: Fairview Hospital installed a fingerprint-activated security system to the medical records department
security of electronic records
Who is affected by a breach of confidential patient information?
the patient, the person responsible for the breach, and the facility
True or False: According to the Privacy Rule in HIPAA, patients must provide written authorization before health information is released to anyone else
true
True or False: 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
True or False: An exception to informed consent is emergencies
true
