LSUS MHA 703 Quiz 3 latest actual questions with accurate expert solutions + rationales ( LATEST RELEASE , PROFESSOR VERIFIED )

Accountability

Process, norms, & structure holding population/public official legally responsible for their actions & that impose sanction if they violate the law.

Compliance

Act of a company adhering to laws/policies pertinent to the sector within which they do business.

Covered entity

- Institutions

- Organizations

- Persons

De-identify

The process to remove all direct patient identifiers from the PHI.

Liable

Legally responsible or obligated.

Limited data set

A limited set of identifiable patient information as defined in the Privacy Regulations issued under HIPAA

Portability

Ability to be easily moved

Privacy

1. The right not to have one's personal matters disclosed/publicized; the right to be left alone.

2. The right not to be subjected to substantial gov. interference with fundamental personal rights/decisions

Slander

Oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed.

Chattels

A catch-all category of property associated with movable goods.

Damages

The remedy that a party requests the court award in order to try to make the injured party whole

Malfeasance

An illegal act causing physical/monetary harm to someone else.

Misfeasance

The improper performance of a lawful act resulting in harm/injury of another person.

Mitigate

lessen or to try to lessen the seriousness or extent of

Negligence

Failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.

Nonfeasance

Not doing something you ought to.

Res ipsa loquitur

Latin for "the thing speaks for itself;" given the facts presented, it is clear that the defendant's actions were negligent and were the proximate cause of the injury incurred

Torts

wrongful acts for which an injured party has the right to sue

Purpose of privacy

The right of a person to be free from intrusion into or publicity concerning matters of a personal nature.

2 different laws incorporated into HIPAA

- Common Law

- Constitutional Law

Common Law

Defamation/Invasion of Privacy

Who does HIPPA apply to?

- Health plans

- Healthcare clearinghouses

- Qualifying healthcare providers

- Business associates that provide services for or on behalf of a Covered Entity

PHI

- Names

- Geographic info.

- Dates (birth dates/dates of services)

- Telephone/fax/cell phone #s

- Email addresses

- Social security #s

- Account info.

- Certificate/license info.

- Website address

- Biometric identifiers

-Images

Penalty for violating HIPAA

Criminal penalty of up to $50k & up to one year imprisonment per violation

PHI can be disclosed to

- Family

- Friends

- Relatives (unless objection)

- Paid health providers

- Certain governmental agencies

Where is privacy found in the Constitution?

- Not found in the Constitution

- Is implied

Office of Civil Rights (OCR)

Ensures equal access to education & promotes educational excellence throughout the nation through vigorous enforcement of civil rights

Steps of filing a HIPAA case

- File complaint

- Informal interview

- Formal interview

2 Classifications of torts

- Action causing harm

- Type of harm

Can a judge create a new tort law?

Judges (not legislatures) developed many of tort law's fundamental principles through case-by-case adjudication

Tort

Civil wrong that causes a claimant to suffer loss/harm, resulting in legal liability for the person who commits the tortious act.

- Elements of the tort of negligence

- Elements of malpractice

- Duty

- Breach

- Breach of duty

- Damages

- Causation

Duty

- Responsibility

- Legal question: is there a duty?

- Only determined by the judge

Breach

- Comparison

- What the person was supposed to do vs. what the person actually did.

- Reasonable person standard

Breach of duty

- Malfeasance

- Misfeasance

- Nonfeasance

Damages

- Physical

- Mental/emotional

- Financial

Causation

- Most difficult to prove

- Uses formulary

- Was the ______ caused by _____?

- Expert witness

- Res ipsa loquitur

Damages allowed by Courts

- Physical

- Mental/emotional

- Financial

Mitigation of damages

- Prevents an injured party from recovering damages that could have been avoided through reasonable efforts

- Also known as The Doctrine of Avoidable Consequences

Defenses

- Denial

- Assumption of risk

Pachowitz vs LeDoux

- "Invasion of Privacy" verdict against an EMT who disclosed a patient's medical information to one of the patient's co-workers.

- The EMT's appeal, arguing that disclosure to one person did not meet the state law's criteria for 'publicity,' was ultimately rejected by the court, bringing a sense of finality to the case.

- "Disclosure of private information to one person or to a small group does not, as a matter of law in all cases, fail to satisfy the publicity element of an invasion of privacy claim."

- Sufficient evidence supported the jury's finding that the patient had a "special relationship" with her employees, so the disclosure to even one of them would embarrass her.

Jose N. Proenza Sanfiel, R.N. v Department of Health

- Psychiatric nursing license was suspended/placed on probation for 5 years for disclosing confidential information.

- Obtained a computer previously owned by Charter Behavioral Health System containing patient records. Testified recalling Charter was being investigated for defrauding the gov. He contacted local law enforcement & the state's attorney's office to initiate a criminal investigation. Agencies deliclined b/c outside their jurisdiction. Then contacted local news media and allowed them to see the pt. info. and asked to blur the pt. info. He believed the info should have been erased from the computer. Told them the computer had pt. names, admission dates, types of addiction, txs, and psych d/os. Story was broadcast along w/ pt/s names/dxs shown on the computer screen. A journalist located/interviewed a pt. The pt. was distraught about the situation. Unknown # of other pts. were also contacted.

-

In Re Application of the Milton S. Hersey Medical Center

Dr. Doe sustained a cut during surgery. The blood test came back HIV+. The hospital notified patients, notifying them of potential exposure.

Court Ordered:

1. By providing the name of Dr. to physicians in OB/GYN depts. including physicians in the residency program

2. By providing the name to a physician authorized in writing by a pt. for whom Dr. Doe participated in a surgical procedure or OB care

3. By describing Dr. Doe in letters/media releases as "a physician in our joint OB/GYN residency program" & by setting forth the relevant period of such service

(Each physician to whom Dr. Doe provides 1. & 2. shall be reminded that the Act prohibits further disclosure of such info.)

United States v. Richard Gibson