Medical Laws
Laws that explain the rights and responsibilities of medical providers and patients.
“medical law”
Allows bystanders to get involved in emergency situations without fear that they will be sued if their actions inadvertently contribute to a person’s injury or death.
Good Samaritan Acts
What sensitive information does the medical record contain? (3)
patient history
current health status
planned treatment
This is a process that ensures the patient (or the guardian of the patient) knows, understands, and accepts the treatment that has been explained. They pt signs off on having the procedure performed.
Informed Consent
“Wrong,” or a harmful act committed by one individual to another.
tort
Who created the original Patient’s Bill of Rights in 1973?
the American Hospital Association (AHA)
Federal policy that regulates the manufacture and distribution of controlled substances. Controlled substances can include narcotics, depressants, and stimulants. It classifies medications into five schedules, or classifications, based on the likelihood for abuse and if there are any medical benefits provided from the substance.
Controlled Substances Act (CSA)
What does the law require to prove that patient’s have received a privacy notice from a health care provider or hospital?
A signed form
This is given either by oral or written words. What type of consent is this?
Expressed Consent
Any treatment by a medical professional that does not follow the standards of care.
malpractice
What does the Patient’s Bill of Rights provide?
guidelines and guarantees by federal law to ensure the protection and safety of patients
gives patients rights over their health information and sets rules and limits on who can look at and receive patients’ private information. applies to protected health information (PHI), whether electronic, written, or oral.
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Who is the owner of the patient’s medical records?
the healthcare provider. The patient is the owner of the
information, or data, found within the record?
What are the two exceptions where a minor (person under the age of 18 years) can give consent for themselves? This varies by state.
if the minor is seeking birth control, pregnancy care, sexually transmitted disease treatment, or substance abuse treatment (varies by state)
if the minor has been declared by the courts as emancipated
When does HIPAA require a provider or health plan to share information with a patient’s family or friends?
Only when the person is legally identified as the patient’s personal representative
What is the primary purpose of the Patient’s Bill of Rights?
to help patients feel more confident in the healthcare system, to strengthen the relationship between patients and their health care provider by defining their
rights and responsibilities and those of their health care provider, and to emphasize the role patients play in their health
Act that states employers are accountable for providing a safe and healthful workplace for employees by setting and enforcing standards and by providing training, outreach, education, and assistance.
Occupational Safety and Health (OSH) Act- overseen by OSHA (Occupational Safety and Health Administration)
What does the HIPAA Security Rule require?
implementing reasonable and suitable safeguards to protect protected health information and to prevent breaches of confidentiality
This is inferred based on signs, actions, or conduct of the patient rather than oral communication. What type of consent is this?
Implied Consent
A requirement to bring requested documentation to the court of law when appearing for the summons.
subpoena duces tecum
Yes they can or no they can't - in reference to Patient's Bill of Rights
The patient DOES NOT have right to ask and to be informed of any business relationships between the hospital and educational institutions, other health care providers, or payers that may influence their care and treatment.
Yes, they do!
named after former president who signed it into law in 2010, this federal statute was a major step in health care reform by expanding access to more affordable, quality health insurance, increasing consumer insurance protection, emphasizing prevention and wellness, and curbing rising health care costs.
Patient Protection and Affordable Care Act (Obamacare)
Which is the most important law regarding protection of medical records?
HIPAA
What must “consent” be free of?
force or fraud
What are the three safeguards set in place that medical facilities use to keep patient information private?
Administrative safeguards are used to refer to the policies and procedures documented in writing that show how covered entities comply with HIPAA.
Physical safeguards refer to the physical monitoring and access to PHI.
Technical safeguards refer to the responsibility of the health care provider to monitor and safeguard patient information through all technology-related items.