Medical Law and Ethics

CLIA

Clinical Laboratory Improvement Amendments, passed by Congress to establish standards for imporving the quality of laboratory testing in the United States

Waived Tests

laboratory tests that have been determined by HHS to meet the CLIA criteria for being simple procedures and have low risk for erroneous test results; example is blood glucose testing

Moderate-Complexity Tests

non-waived tests that are subject to the CLIA 1998 regulations; most performed at hospitals, independent laboratories, and some medical offices; examples are urine/throat cultures, hematology, and blood chemistry tests

High-Complexity Tests

non-waived tests that are subject to the CLIA 1998 regulations; these tests are not completed in medical offices and are performed in laboratories already subject to federal regulations; examples are cytogenetics, histopathology, and cytology tests; these tests are not performed by a medical assistant

The Centers for Medicare and Medicaid Services (CMS)

a division of the Department of Health and Human Services; responsible for regulating and operating under the CLIA program

Patient's Bills of Rights

referred to as the Consumer Bill of Rights and Responsibilities, which was adopted by the Presidential Advisory Commission on Consumer Protection and Quality in the Health Care Industry; this document was created to improve consumer trust in the Health Care System by defining the rights and responsibilities of consumers, health care professionals, health care institutions, and insurance plans; varies from state to state; the Medical Assistant and all employees of the medical field must protect the patients' rights

A Living Will

a document that expressed the wishes of a patient in case of terminal illness or an accident after which they cannot express their wishes

PPE

Personal Protective Equipment; masks, goggles, face shileds, respirators, etc.

Standard Precautions

a set of infection control practices used to prevent transmission of diseases that can be acquired by contact with blood, body fluids, non-intact skin (including rashes), and mucous membranes; these measures are to be used when providing care to all individuals, whether they appear infectious or symptomatic

Transmission-Based Precautions

the second tier of precautions is to be used when the patient is known or suspected of being infected with contagious disease; to be used in addition to standard precautions; in all situations, whether used alone or in combination, using the utmost care regarding patient and employee is crucial; transmission based precautions are contact precautions, airborne precautions, and droplet precautions

Contact Precautions

Infectious agents (bacteria, viruses or parasites) transmitted directly or indirectly from one infected or colonized person to a susceptible host (patient), often on the contaminated hands of a health worker

Airborne Precautions

are designed to reduce the nosocomial transmission of particles 0.001mm or less in size that can remain in the air for several hours and be widely dispersed; special air handling and ventilation are required to prevent airborne transmission

Droplet Precautions

reduce the risks for nosocomial transmission of pathogens spread wholly or partly by droplets larger than 0.001 mm in size; pathogens are microbes that can cause disease; are simpler than airborne precautions because the particles only remain in the air for a short time and travel only a few feet; therefore, contact with the source must be close for a susceptible host to become infected

The Hazard Communication Standard (HCS)

is a requirement by OSHA to ensure that all employees are informed of the hazards associated with chemicals in their workplace; HCS is a written plan that describes what the facility is doing to meet the requirements of the HCS program

HIPAA

the Health Insurance Portability and Accountability Act of 1996; a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge

Tort

a wrong committed against a person or the person's property; torts may be intentional or unintentional

Negligence

an unintentional wrongdoing

Malpractice

an unintentional wrongdoing (negligence) specifically by a profesional person

Defamation

injuring a person's name and reputation by making false statements to a third party

Libel

false statements in print, writing, or through pictures

Slander

false statements made orally

Invasion of Privacy

violating a person's right not to have their private affairs exposed

Fraud

saying or doing something to trick, fool, or deceive a person

Assault

intentionally attempting to touch or threaten a person's body without their consent

Battery

intentionally touching a person's body without their consent

Abandonment

when a provider withdraws fomr the care of a patient without reasonable notice of discharge

Implied Consent

agreement implied by the patient for examination and treatment when presenting for a routine visit; also, in an emergency consent that is assumed the patient would give if the patient could do so

Informed Consent

consent that is given by the patient after all potential treatment and outcomes have been discussed for a specific medical condition, including risks and possible negative outcomes

Expressed consent

verbal/spoken approval by the patient

Triage

sorting and setting priorities for treatment for patients who are on the phone or at the reception desk

Symptom

a perceptible change in the body related to the patient