CMMA Medical Law

Medical Law

The rights and responsibilities of medical providers and patients

Medical Malpratice

Any treatment by a medical professional that does not follow general medical standards

Patient Abandonment

When a provider stops treating a patient without reasonable cause (form of malpractice)

Negligence

When a patient does not receive adequate and appropriate care (another form of medical malpractice)

ADAAA

The Americans with Disabilities Act Amendments

Americans with Disabilities Act Amendments

Protects Americans with disabilities

Mandatory Reporting Laws

Vulnerable populations such as children, older adults, and those who have disabilities

CMS

Centers for Medicare and Medicaid Services

Centers for Medicare and Medicaid Services

Established health care programs to improve the population’s function and health

Medicare

Federal Health Insurance, provides health care coverage for ages 65 and older

Medicaid

Provides insurance for low income adults, children, pregnant women, elderly adults and people with disabilities

OIG

Office of Inspector General

Office of Inspector General

Cooperated with CMS to prevent unlawful operations in health care

HCFAC

Health Care Fraud and Abuse Control Program

DOJ

Department of Justice

HHS

Health and Human Services

HIPPA

Health Insurance Portability and Accountability Act

Health Insurance Portability and Accountability Act

Describes safeguards that must be in place to protect the confidentiality, integrity, and availability of health information

The HIPPA Privacy and Security Rule

Establishes national standards that define personally identifiable information and how it should be accessed, used, and transmitted.

3 Categories for HIPAA Privacy and Security Rule

1. Administrative

2. Physical safeguards

3. Technical safeguards

Procedures to Safeguard Data

Cybersecurity is an important component of compliance with HIPAA regulations and security

HIPAA Security Officer

In charge of monitoring internal aduits that assess

HIPAA Privacy Officer

Makes sure privacy rules are created, followed, and kept up-to-date to protect sensitive health information.

Patient’s Bill of Rights/Patient Care Partnership

By American Hospital Association; informs patients of their rights and responsibilities during hospital stays

4 Types of Consent

1. Expressed

2. Implied

3. Informed

4. Waived

Expressed

Written or verbal permission is granted by the patient

Implied

Patient cooperates with medical care and treatment without written consent

Informed

A thorough process that explains the proposed patient treatment

Waived

Informed consent is not obtained from a patient because the patient is incapacitated or unable to grant consent

Scope of Practice

Set of standards that a medical professional may perform within the limits of the medical license, registration, and/or certification