Module 1 - Legal Issues/HIPAA

Federal Law

Legislation enacted by congress and signed by the president. (Ex: HIPAA)

State law

Legislation enacted by the state legislature and signed by the governer. (TX Breastfeeding law) 

Risk Management

Identifying financial loss exposure and then taking steps to manage such exposures.

Joint Commission

Defines risk management in healthcare and reduces risk of injury to patients, staff, and visitors.

Liability

Anything to which a person is liable, responsible, legally bound; debts or accounts payable (A/P) owned by the business.

Conflict of Interest

• Physician self-referral (when a physician refers a patient to a medical facility in which they have a financial interest like ownership, etc)

  • This is a conflict of interest since the physician benefits from the referral

Slander

Knowingly making a false verbal statement in public.

Libel

Knowingly making a false written statement in public. 

Defendent

The party being sued in a civil lawsuit or the party being charged with a crime in criminal prosecution.

Arbitration

Formal, binding process where a neutral arbitrator acts like a judge and makes a final, definitive decision for the parties after hearing their case.

Mediation

Non-binding process where a neutral mediator facilitates communication so the parties can reach their own voluntary agreement.

Deposition

Pre-trial legal procedure where a person gives sworn testimony out of court, answering questions from attorneys.

Standard of Care

• Watchfulness, attention, caution, prudence.

• Standard expected from a reasonable medical professional in any similar medical circumstance.

Statute of Limitations

• Prescribes time limit for legal action

• Time limit varies based on the type of action

Federal Laws

HIPAA, HITECH

HIPAA

• Stands for Health Insurance Portability and Accountability Act

• (Title I) Provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.

• (Title II) Establishes national standards to protect individuals’ electronic personal health information that is created, received, used, or maintained by a covered entity

HITECH Act

• Health information Technology for Economic and Clinical Health Act

• Part of the American Recovery and Reinvestment Act (ARRA)

• Widened the scope of privacy and security protections under HIPAA

• Creating a national health care infrastructure was included as incentives

• Final rule enacted in 2013

Res ipsa loquitur

The thing speaks for itself

Respondeat Superior

• “Let the master answer” 

• Holds employers responsible for actions of employees 

Locum tenens

• “To hold the place of, to substitute for”

• A physician who substitutes temporarily for another

Subpoena Duces Tecum

• legal order that commands a person to produce specific documents, records, or other tangible evidence for a court case, rather than just their testimony