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legislative law
administrative rules
regulations
ordinances
case law
derived from the common law of England
laws determined on a case by case basis
(statutory law)
characteristics of law
laws must be equal to all without discrimination
law is based on what a reasonable and prudent person would do in similar circumstances
all individuals have basic rights and responsibilities
standard of care
the degree of sill, knowledge, and care ordinarily possessed and employed by members in good standing within the medical profession
standard of care
judged against reasonable and prudent actions under similar circumstances
tort
a civil lawsuit to remedy a wrongful act
laws
the body of rules, regulations and guide that govern conduct in society to protect health, safety and welfare of its citizens
1914
schloedndorg v society when patient consent was established as a necessity otherwise its an assault
Doctrine of Patient-Provider Relationship
protects individual autonomy
protects the patient's status as a human being
avoids fraud and duress
encourages health care practitioners to consider their decisions carefully
fosters rational decision making by the patient
involves the public in medicine
types of laws
constitutional
legislative
case law
contract law
tort
comes from a violation of a duty imposed by general law, a breach of duty must occur to warrant tort action
assault
may arise when a patient believes he or she has been threatened in such a way that reason to fear or to expect immediate bodily harm exists, does not require physical contact, may be only verbal. But if patient perceives possible harm by comments, assault can be present
battery
may occur even if no injury arises from unwarranted patient contact, any unlawful touching may constitute battery if the patient thinks that the technologist has touched him or her in an offensive way
permission base
when positioning patients, we touch but it is all
false imprisonment
arises with a person is restrained or believes that he or she is being restrained against their will, the individual must be aware of the confinement and have no reasonable means of escape
defamation
slander and libel
slander
spoken defamation
libel
written defamation
fraud
a willful and intentional misrepresentation of facts that may cause harm to an individual or result in loss of an individual right or property
fraud
cases require three sources of proof:
an untrue statement
the injured party relied on statement
damages were incurred as a result
Patient Care Bill of Rights
clearly defines that health records are to be held in private and confidential
health provider
health records are the property of _____-
Negligence
failure to use such care as a reasonably prudent person would use under similar circumstances
Negligence Proof
duty
breach
causation
damage
Respondeat Superior
the master speaks for the servant
res ipsa loquitor
the thing speaks for itself
the principle of autonomy
-Right to information and self-determination
-Free and informed consent
-Free will and accord—intentional participation in treatment
-Respect and dignity maintained
APC
Classification system of patients based on the International Classification of Diseases, clinical modification codes for diagnoses, current procedural terminology evaluation and management codes, and procedure codes, age, sex, visit disposition used for reimbursement for health care provided in the hospital outpatient setting
CPT-4 stands for
Current Procedural Terminology, 4th edition
APC stands for
Ambulatory Patient Classifications
CPT-4
Comprehensive list of medical terms and codes for the uniform designation of diagnostic and therapeutic procedures; used in the United States for coding for physician reimbursement and hospital outpatient and ambulatory surgical procedures
DRGs stands for
Diagnosis Related Groups
DRG
System that categorizes into payment groups patients who are medically related with respect to diagnosis and treatment and statistically similar with regard to length of stay
EHR stands for
electronic health record
EMR stands for
electronic medical record
EHR/EMR
electronic record system generally considered as the portal through which clinicians access a patient's health record, order treatments or therapy, and document care delivered to patients; allows providers to gather multiple types of data about a patient (clinical, financial, administrative, and research)
HFAP stands for
Healthcare Facilities Accreditation Program (Accrediting organization for AOA. Provides accreditation programs for primarily osteopathic hospitals)
HFAP
an accreditation program "authorized by the Centers of Medicare and Medicaid Services (CMS) to survey" all hospitals and many other types of health care settings (Healthcare Facilities Accreditation Program, 2017)
Health Information Management Practitioners
term used to encompass both registered health information administrators and registered health information technicians as individuals with either of these credentials who hold a variety of positions within the health information management profession
HIPAA stands for
Health Insurance Portability and Accountability Act of 1996
HIPAA
Federal legislation passed to improve the efficiency and effectiveness of the health care system; components that affect health information include privacy, security, and the establishment of standards and requirements for the electronic transmission of certain health information
health records
Permanent or long-lasting documentation of all patient care information that applies to individual patients
ICD-9-CM stands for
International Classification of Diseases, 9th Revision, Clinical Modification
ICD-9-CM
A classification system used in the United States to report morbidity and mortality information until September 30, 2015
ICD-10-CM stands for
International Classification of Diseases, 10th Revision, Clinical Modification
ICD-10-CM
the classification system that replaced ICD-9-CM, Volumes 1 and 2 on October 1, 2015. This classification system is used for diagnosis coding in all health care settings in the United States
ICD-10-PCS stands for
International Classification of Diseases, 10th Revision, Procedure Classification System.
ICD-10-PCS
a classification system used in the United States for reporting of inpatient hospital procedures. This classification system replaces the ICD-9-CM Volume 3 procedure codes on October 1, 2015
The Joint Commission
Organization that accredits and certifies health care organizations and other programs in the United States
Performance Improvement
process by which the quality of the care and services provided to patients within a health care facility is monitored and evaluated
PPS stands for
Prospective Payment System
PPS
system for Medicare patients by which a predetermined level of reimbursement is established before services are provided
RHIAs stands for
Registered Health Information Administrators
RHIAs
professionals who possess the expertise to develop, implement, and/or manage individual, aggregate, and public heath care data in support of patient safety and privacy, as well as confidentiality and security of health information
RHITs stands for
Registered health information technicians
RHITs
professionals who are technical experts in health data collection, analysis, monitoring, maintenance, and reporting activities in accordance with established data-quality principles, legal and regulatory standards, and professional best practice guidelines
performance improvement
quality assurance, quality assessment, and performance improvement are all used to encompass activities related to ______ _____, including utilization and risk management, infection control, surgical case review, medication usage evaluation, health record review, blood usage review, pharmacy and therapeutic review, and case management.
5
information must be maintained a minimum of ___ years from date of last patient visit
service
health information department is ____ oriented
contigent
many reimbursement formulas are ______ upon medical records and their accuracy
health information department
supports medical education programs
apc
based on ICD-10-CM codes for diagnosis and CPT codes used for reimbursement to health care in an outpatient setting
CPT-4
listing of medical terms and codes for diagnostic and therapeutic procedures used for coding for physician reimbursement (both inpatient and outpatient)
ICD-10-CM
classification system that is used for diagnosis coding in all health care settings in the United states)
DRG
categorizes into payment groups patients who are medically related with respect to diagnosis and treatment and statistically similar with regard to length of stay
TJC
Organization that accredits hospitals and other health care institutions in the United States
HFAP
performs functions similar to TJC
PPS
System for Medicare patients whereby payment groups are established in advance; hospitals get paid up front
According to the Joint Commission and Healthcare Facilities Accreditation Program
a medical record must contain sufficient information to identify the patient, support the diagnosis, justify the treatment, document the course and results, and promote the continuity of care among health care providers
According to Medicare
a medical record must contain information to justify the admission and continued hospitalization, support the diagnosis, and describe the patient's progress and response to the medication and services
health records coding
considered a very high priority in the operation of a health care organization
health records coding
requires physician recording of a patient diagnosis/procedure upon discharge
ICD-10-CM and CPT-4
It is important for radiology personnel to understand the diagnostic codes of:
diagnostic or therapeutic
Documenting in the patient's record, or charting, should be done by radiologists and radiographers when a patient receives either ____ or ____ radiologic services
DRG and PPS
Medical records contain sufficient information to support the diagnosis for reimbursement purposes under the __ and ___ implemented by the government in 1983
right/left marker
The third thing needed to make a radiograph legal? It is within our control
Autonomy
person's self-reliance, independence, liberty, rights, privacy, individual choice, freedom of the will, and self-contained ability to decide.
Beneficence
Doing of good; active promotion of goodness, kindness, and charity.
Caring
Care for; an emotional commitment to and a willingness to act on behalf of a person whom a caring relationship exists.
Codes of Ethics
articulated statement of role morality as seen by the members of a profession.
Adopted by the American Registry of Radiologic Technologist.
Confidentiality
Belief that health related information about individual patients should not be revealed to others; maintenance of privacy.
Consequentialism
Belief that the worth of actions is determined by their ends of consequences; actions are right or wrong according to the glance of their good and bad consequences.
Duties
Obligations placed on individuals, groups, and institutions by reason of the so-called moral bond of our interdependence with others.
Ethical Dilemmas
Situations requiring moral judgment between two or more equally problem-fraught alternatives; two or more competing moral norms are present, creating a challenge about what to do.
Situations that test our ethics.
EX: we might agree that refusing to provide services to dirty, unkempt patients or to those with acquired immunodeficiency syndrome (AIDS) is unethical, but we might hold a variety of opinions on what degree of loyalty we owe to our fellow workers not he health care team.
Ethical outrage
gross violation of commonly held standards of decent or human rights.
Ethical theories
Bodies of systematically related moral principles used to resolve ethical dilemmas.
Sets of principles that tell us what actions are right or wrong.
Ethics
study of rightness and wrongness of human conduct/character
Self-discipline.
Ethics of care
Ethical reflections that emphasize an intimate personal relationship value system that includes such virtues as sympathy, compassion, fidelity, discernment, and love.
emphasizes the need for an accurate understanding of moral competence, a clear vision of the meaning of a virtuous person and finely honed skills in human relations.
Fidelity
Strict observance of promises or duties; loyalty and faithfulness to others.
Justice
equitable, fair, or just conduct in dealing with others.
Laws
Regulations established by government and applicable to people within a certain political subdivision.
Legal Rights
Rights of individuals or groups that are established and guaranteed by law.
liberal individualism
basis for rights-based ethical theory; each individual is protected and allowed to pursue personal projects.
Moral Principles
general, universal guides to action that are derived from so-called basic moral truths that should be respected unless a morally compelling reason exists not to do so; also referred to as ethical principles.
Morals Rights
rights of individuals or groups that exist separately from governmental or institutional guarantees; usually asserted based on moral principles or rules.
Moral Rules
Statements of right conduct governing individual actions.
Morals
Generally accepted customs/ habits of right living
nonconsequentialism
Belief that actions themselves, rather than consequences, determine the worth of actions; actions are right or wrong according to the morality of the acts themselves.
EX: consequentialist would lie to a patient if he thinks it will ultimately benefit. A nonconsequentialist would caution against lying to a patient under any circumstances because the act of lying is generally accepted as morally wrong in our society.
Nonmaleficence
ethical principle that places high value on doing no harm to others.
Norms
standards set by individuals or groups of individuals.