Legal Aspects of Health Care: Key Concepts

These flashcards cover key concepts and vocabulary related to health care law, including civil law, public law, legal processes, and regulations impacting health information management.

Law

A rule of conduct passed by a legislative body, enforced by the government, resulting in penalties when violated.

Statute

A law passed by a legislative body, also known as a statute.

Civil Law

Law that deals with legal rights and relationships of private individuals, including torts and contracts.

Tort

A wrongful act for which a civil suit can be brought.

Contract

A binding agreement between two or more parties.

Public Law

Law that deals with relationships between individuals and the government, including criminal law.

Criminal Law

A type of public law that deals with crimes and their punishments.

Regulations

Published rules that interpret laws.

Burden of Proof

The responsibility for proving harm in a civil complaint.

Plaintiff

The individual who initiates a civil complaint.

Defendant

The individual against whom a complaint is brought.

Discovery

The legal process lawyers use to obtain information about all aspects of a case.

Interrogatory

A form of discovery that includes a list of written questions requiring answers under oath.

Deposition

A form of discovery used to obtain sworn statements and observe a witness's behavior.

Sources of Law

Includes the Constitution, state constitutions, administrative law, case law, and statutory law.

Administrative Law

Regulations created by administrative agencies of government.

Case Law

Law based on judicial decisions and precedent rather than on statutes.

Common Law

Another term for case law.

Res Ipsa Loquitur

Latin for 'the thing speaks for itself,' indicating something is self-evident.

Res Judicata

Latin for 'the thing is decided,' meaning final judgments are conclusive.

Stare Decisis

Latin for 'to stand by things decided,' indicating adherence to precedent.

Subpoena

A court order that requires an individual to appear in court to testify.

Subpoena Duces Tecum

A written command requiring an individual to appear in court with documents.

Malpractice

Results when a healthcare provider acts in a negligent manner, leading to patient injury.

Negligence

The failure to exercise a reasonable degree of care, resulting in unintended injury.

Medical Liability Insurance

Insurance that covers damages and defense costs in malpractice cases.

HIPAA

Health Insurance Portability and Accountability Act, a law that mandates privacy regulations for health information.

Patient Authorization

Permission given by a patient to release their protected health information.

Breach of Confidentiality

Disclosure of patient information to unauthorized individuals.

Privileged Communication

Information communicated by a patient to a healthcare provider, considered confidential.

Health Information Technology for Economic and Clinical Health Act

Legislation imposing data breach notification requirements for health information.

Patient Rights

Patients have the right to access and control their health information.

Family and Medical Leave Act

A federal law requiring employers to provide unpaid, job-protected leave for specified family and medical reasons.

Americans with Disabilities Act

A federal law that prohibits employment discrimination against individuals with disabilities.

National Labor Relations Act

A law ensuring employees have the right to form labor unions.

Civil Rights Act of 1964

A federal law prohibiting discrimination based on race, color, religion, sex, or national origin.

Federal Regulations

Rules established by federal agencies to enforce laws created by legislative bodies.

State Law

Laws enacted by state legislatures governing various aspects of life, including health care.

Legal Record

A document created and maintained during the provision of health care that has legal significance.

Release of Information Log

A record maintained for tracking disclosures of patient information to authorized requesters.

Tracking Disclosures

The requirement for healthcare entities to document all disclosures of protected health information.

Regulatory Compliance

Adhering to laws and regulations governing health care practices.

Informed Consent

Patient's voluntary agreement to undergo a medical procedure after being informed of risks.

EHR

Electronic Health Record, a digital version of a patient's paper chart.

Research Use of PHI

Conditions under which protected health information can be used in research.

Medicare Access and CHIP Reauthorization Act

A law that reformed Medicare and introduced quality payment programs.

Quality Payment Program

A program that aims to improve healthcare quality through value-based payments.

Breach Notification Requirements

Obligations to inform patients and authorities of certain types of data breaches.