Medical Law & Ethics

What is the Affordable Care Act (ACA)?

access to affordable and quality insurance, curbing rising healthcare costs

What is HITECH?

increased enforcement of electronic transmission of PHI

What is CSA?

regulates manufracture and distribution of controlled substances

What is EMTALA?

requires any ER that receives federal funding to provide screenings to people seeking treatment

What is CLIA?

regulates federal standards that apply to all clinical lab testing

What is ADA?

forbids discrimination against employees with disabilities

What is GINA?

bans discrimination on the basis of genetic info with respect to insurance and employment

What is PSQIA?

framework for gathering and analyzing info regarding patient safetly

What is AKBS?

prohibits receiving benefits for referral or business involving federal health care programs.

What is NSA?

prevents people from surprise billing if they have a group health plan or individual coverage

What rights does HIPAA give to patients regarding their medical info?

a right to receive a copy of their info, ensure their record is correct, and know who has viewed the record

Who is not a covered entity under HIPAA?

employers

What is required for a patient’s medical records to be released or shared?

a signed release form

What are some situations where medical records can be released?

criminal cases, court evidence, communicable diseases, workers’ comp

What are administrative safeguards?

written policies regarding compliance

What are physical safeguards?

monitoring physical access to PHI

What are technical safeguards?

requiring providers to protect PHI using tech-based measures

What is implied consent?

• based on signs, actions, or conduct of patient

• applies to CPR, lifesaving treatments, and unconscious patients

What is informed consent?

• ensure patient (or their guardian) knows, understands, and accepts explained treatment

• patient is informed they must have procedure, it’s explained, and they sign off

What is expressed consent?

oral or written

When can minors give consent without patient approval?

emancipated, seeking birth control or pregnancy care, STD and substance abuse treatment

How can minors gain approval in the court?

being married, in the military, living alone and being financially independent

What is criminal law?

violations against society

What is the consequence for misdemeanors?

less than 1 year in jail, fines

What is the consequence for felonies?

more than 1 year, larger fines

What is battery?

unconsented physical contact on another person

What is an intentional tort?

deliberate act that violates another patient’s rights

What is malpractice?

improper or illegal professional activity

What is Duty of Care?

one party has a legal obligation to act in a certain manner toward the other

What is Dereliction of Duty?

failure to use reasonable care in fulfilling the duty of care

What is direct cause?

failure in duty leads to harm toward the injured person

What are damges?

harm can be remedied by monetary compensation

What topics are required to be reported?

• births

• deaths

• communicable diseases

• criminal acts

• abuse

• neglect

• exploitation

Who are mandated reporters?

• social workers

• health workers

• childcare providers

• law enforcement

• medical examiners or coroners

What are ethics?

rules, standards, and moral principles that govern a person’s behavior

What are personal ethics?

morality, right and wrong

What are common ethics?

system of principles accepted by a group

What are professional ethics?

standards for working

What is beneficence?

doing the “most good”

What is “nonmaleficence?”

“do no harm”