Legal Responsibilities
Legal responsibilities are those that are authorized or based on ______.
Spoken defamation.
Slander.
Expand PHI
Protected Health Information
One type of Advanced Directive
A living will or Durable Power of Attorney
Treat all patients _______ regardless of race, religion, social or economic status, gender, age, or nationality.
equally
An agreement between two or more parties.
Contract.
Keeping a patient hospitalized against their will, applying physical restraints without proper authorization or justification
False Imprisonment.
Identify two specific patients’ rights guaranteed by HIPAA.
The right to access and obtain a copy of any information in the record; request amendment(s) to their PHI; request accounting of disclosures.
This frequently results in a DNR order for terminally ill patients.
One way to identify a patient.
check name band, state patient’s name clearly, repeat name, use scanner on bar code ID band, check photo ID if worn
The usual penalty for criminal offenses.
Incarceration.
Provide one example of a physical invasion of privacy.
ex. Unnecessarily exposing a patient's body part(s) during a procedure.
Define Privileged Communications
All personal information given to health care personnel by a patient
This means that cardiopulmonary resuscitation is not performed when the person stops breathing
A DNR order
Define patients' rights.
Factors of care that patients can expect to receive
Differentiate between the purpose of criminal law and the purpose of civil law.
Criminal law is meant to protect society/public safety and punish people who commit crimes.
Civil law is meant to resolve disputes between people or organizations and provide compensation for harm.
Provide one example of psychological abuse.
Threatening harm, denying rights, intimidating or ridiculing
Three examples of information that is exempt by law and must be reported in accordance with facility policies.
Birth and death information; injuries caused by violence; drug abuse; communicable diseases; sexually transmitted diseases
Explain the purpose of advance directives.
Advance directives allow people to state their wishes about medical care in case they become unable to make or communicate decisions for themselves.
Identify two professional standards.
Identify the patient; observe all safety standards; think before you speak; keep information confidential; report errors immediately.
A hospital refuses to release a patient’s medical record to them, even after the patient submits a written request. Is this a criminal or civil issue?
Civil. Under laws like HIPAA, patients have the legal right to access their medical records. Refusing to release the records after a written request violates federal law.
A patient is scheduled for a procedure, then changes their mind in the OR. The provider does not let them leave the OR and proceeds without their consent.
Identify which torts have been committed.
The torts that apply here are false imprisonment and battery. This is also SUPER unethical. The provider is certainly not making any effort to keep the patient comfortable or treating the patient with dignity.
Identify any two safeguards used to protect PHI.
Limit personnel with access; require use of badges, iris scans or fingerprints to access records; require passwords; monitor and evaluate computer use (internal audits); lock cabinets; utilize fireproof storage.
Which law requires all health care facilities receiving any type of federal aid to provide patients with information and assistance in preparing advance directives? (Expanded Form!)
Patient Self-Determination Act (PSDA)
Which law guarantees certain rights to residents in long-term care facilities? (Expanded form!)
Omnibus Budget Reconciliation Act (OBRA) of 1987