Legal & Ethical Responsibilities Flashcards

Vocabulary practice flashcards covering healthcare ethics, legal responsibilities, resident rights, abuse types, and long-term care regulations based on lecture notes.

Ethics

Relating to a set of moral principles and values.

Ethical Decision Making

Making decisions in line with a code of ethics.

PLUS Model

An acronym for ethical decision-making filters: P = Policies and Procedures; L = Legal; U = Universal/core facility values; S = Self/fairness and honesty.

HIPAA

Health Insurance Portability and Accountability Act; protects the privacy and security of a patient's health information and limits disclosure of protected health information to appropriate/authorized purposes.

Retribution

Punishment or retaliation against someone for reporting a concern or violation.

OBRA

Omnibus Budget Reconciliation Act; promotes and protects resident rights and emphasizes dignity and self-determination.

Elder Justice Act of 2010

Federal law requiring suspicious crimes against an older adult to be reported: serious bodily injury within 2 hours and suspicion of abuse within 24 hours.

Patient Self-Determination Act

Federal law requiring facilities to recognize and inform patients about decision-making rights and advance directives, including living wills and durable powers of attorney.

Long-Term Care Ombudsman

An individual who advocates for residents and for changes that improve quality of life and care, helps residents understand and exercise rights, works to resolve complaints, and supports resident interests.

Verbal Abuse

Threats, insults, humiliation, yelling, or intimidation that may cause a resident to become fearful, withdrawn, anxious, or unusually quiet.

Mental/Psychological Abuse

Threatening, isolating, frightening, controlling, or humiliating a resident; signs include fear, depression, withdrawal, agitation, or behavior changes.

Physical Abuse

Hitting, pushing, pinching, rough handling, or improper restraint; signs include unexplained bruises, burns, fractures, pain, injuries, or fear of a caregiver.

Sexual Abuse

Any nonconsensual sexual contact; signs include bruising/bleeding in genital areas, torn or stained clothing, pain, fear, withdrawal, or sudden behavior changes.

Neglect

Failure to provide needed care, services, or protection that results in or risks harm to a resident.

Negligence

Failure to use the level of care a reasonably careful person or healthcare worker would use in the same situation.

Willful

Intentional, deliberate, or knowing; not accidental.

Perpetrator

The person who commits abuse, neglect, exploitation, or other mistreatment, such as a staff member, resident/patient, or family member/visitor.

Exploitation

Illegal or improper use of a resident's resources; signs include unexplained loss of money or valuables, unusual banking activity, missing checks/cards, sudden financial changes, or pressure to give away property.

Misappropriation of Resident Property

Missing money, jewelry, clothing, medications, or other belongings, or unexplained transfers or use of a resident's property.

Involuntary Seclusion

Keeping a resident apart from others or confined against their wishes, except when clinically justified for safety.

Restraint

A physical or chemical method that restricts a resident's freedom of movement or access to their body and that the resident cannot easily remove.

Physical Restraint

Belts, vests, wrist/ankle restraints, restrictive devices, or other methods that prevent free movement.

Chemical Restraint

Medication used primarily to control behavior or restrict movement rather than to treat a medical symptom.

Assault

A threat or act that makes a person reasonably fear harmful or unwanted contact.

Battery

The actual intentional harmful or unwanted touching/contact.

Grievance

A formal complaint about a wrong, injury, unfair treatment, or violation of resident rights.

Non-compliance

Failure to meet a required law, regulation, standard, policy, or condition of participation.

Deficiency

A specific finding that a facility failed to meet a required standard during a survey/inspection.

Plan of Correction (POC)

The facility's written plan explaining how it will correct cited deficiencies, protect affected residents, prevent recurrence, and monitor continued compliance.