Health Care Law and Ethics: Confidentiality, Ethics, and Records

Comprehensive vocabulary flashcards covering health care law, ethics, HIPAA regulations, moral theories, health records management, and medical malpractice liability.

Privacy

A person's right to control access to themselves and their personal information, including choices about treatment and disclosure.

Confidentiality

The duty of healthcare workers and organizations to protect patient information from unauthorized access or disclosure.

Privileged Communication (Privilege)

Legal protection where communications within certain relationships are protected from disclosure in legal proceedings unless waived, encouraging open and honest discussions.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Federal legislation enacted in 1996 and enforced starting in 2003 that establishes a federal privacy protection threshold for Protected Health Information (PHI).

HIPAA Privacy Rule (2002)

A rule protecting PHI while allowing appropriate sharing for healthcare delivery by regulating who can access PHI, under what circumstances, and to whom it can be disclosed.

HIPAA Security Rule

A rule applying to PHI stored or transmitted electronically (ePHI) that requires covered entities to implement administrative, physical, and technical safeguards.

Breach Notification Rule

A rule requiring covered entities and business associates to notify affected individuals and the HHS Secretary of a breach of unsecured PHI, as well as the media if the breach affects more than $500$ residents of a state.

Enforcement Rule

A rule authorizing the Department of Health and Human Services (HHS) and its Office for Civil Rights (OCR) to investigate HIPAA violations, impose fines, and refer cases for criminal charges.

Tier 1 HIPAA Violation

An unaware or unavoidable violation resulting in a minimum fine of $\$100$ per violation, up to $\$50{,}000$.

Tier 2 HIPAA Violation

An aware but unavoidable violation resulting in a minimum fine of $\$1{,}000$ per violation, up to $\$50{,}000$.

Tier 3 HIPAA Violation

A violation involving willful neglect with an attempt to correct, resulting in a minimum fine of $\$10{,}000$ per violation, up to $\$50{,}000$.

Tier 4 HIPAA Violation

A violation involving willful neglect with no attempt to correct, resulting in a minimum fine of $\$50{,}000$ per violation.

Treatment, Payment, and Healthcare Operations (TPO)

The standard healthcare functions for which a covered entity is authorized by HIPAA to use and disclose Protected Health Information (PHI) without specific patient authorization.

Limited Data Set

Protected Health Information (PHI) that has had all direct identifiers removed, permitted for use and disclosure under HIPAA.

Law

Formal rules created by the government; consequences of violation include civil liability, fines, or imprisonment.

Ethics

Formal rules and shared expectations created by individuals, professional groups, or employers about right conduct; consequences for violation include license suspension/revocation or employer repercussions.

Morals

Personal beliefs about right and wrong learned through interactions over a lifetime that form the foundation of ethics.

Moral Actions

Actions based on doing what is right.

Immoral Actions

Actions that go against ethical or moral principles.

Amoral Actions

Actions taken without considering morality.

Etiquette

Informal rules of behavior accepted by culture or groups (manners, norms); consequences of violation include being regarded as impolite or facing negative repercussions from employers or colleagues.

Level 1 (Preconventional) Moral Reasoning

Kohlberg's level of moral reasoning where decisions are guided by avoiding punishment, receiving rewards, and following authority out of fear.

Level 2 (Conventional) Moral Reasoning

Kohlberg's level of moral reasoning where decisions are guided by following rules, duty, and respect for rules.

Level 3 (Postconventional) Moral Reasoning

Kohlberg's level of moral reasoning where decisions are guided by individual thought, rights, and adoption of ethical principles and societal rules, even if it means challenging a rule for patient safety.

Deontological (Duty-Based) Ethical Theory

An ethical theory focusing on duties and obligations regardless of outcome, where the morality of an action is driven by the motivation to do the right thing.

Teleological (Outcome-Based) Ethical Theory

An ethical theory that evaluates morality by focusing on the results or outcomes of an action.

Utilitarianism

An outcome-based ethical theory asserting that the end can justify the means, aiming for the action that produces the most good for the greatest number of people.

Virtue-Based Ethics

An ethical approach that focuses on the character of the person and what a virtuous person would do, emphasizing virtues like honesty, integrity, and compassion.

Autonomy

The healthcare ethical principle of respecting a patient's right to make informed decisions.

Beneficence

The healthcare ethical principle of acting in the best interest of the patient by promoting well-being.

Nonmaleficence

The healthcare ethical duty to avoid causing harm ('Do no harm').

Justice

The healthcare ethical principle of treating patients fairly and distributing resources equitably.

Fidelity

The healthcare ethical principle of keeping promises and maintaining trust.

Veracity

The healthcare ethical principle of being truthful and honest.

Health Record (Medical Record)

A recorded collection of data supporting patient care, communication, billing, legal documentation, and quality improvement, with key elements being privacy, accuracy, timeliness, and reliance.

HITECH Act

Legislation that encourages EHR adoption through incentives and penalties, promoting health IT to improve quality, safety, and efficiency.

Promoting Interoperability

A program intended to improve the electronic exchange and use of health information between systems.

Integrated Health Records

Records that combine all outpatient and inpatient activity into a single record, commonly used in large clinics.

Subpoena

A legal order requiring the production of records for legal proceedings.

Negligence

Failing to act with reasonable and prudent care, or doing what a reasonable person would not do under similar circumstances.

Medical Malpractice

Professional negligence by a licensed professional that implies a higher duty of care due to specialized training.

Standard of Care

The reasonable degree of competent care a patient should receive from a healthcare professional in a similar setting, with similar resources and training.

Informed Consent

The process of communication between a patient and provider leading to agreement or permission for treatment, designed to protect patient autonomy and trust.

Negative Defensive Medicine

The practice of medicine driven by fear of litigation that leads to excessive testing, increased costs, and potential deterioration of the patient-provider relationship.

Risk Management

A systematic healthcare process designed to identify, reduce, and respond to events that could cause harm or legal exposure.

Contributory Negligence

A malpractice defense asserting that the patient's own negligence contributed to their harm, potentially barring legal recovery entirely.

Comparative Negligence

A malpractice defense rule where financial damages are reduced based on the patient's percentage of fault.

Assumption of Risk

A defense arguing that the patient knowingly and voluntarily accepted the risks of a procedure or treatment, which requires informed consent.

Product Liability

A tort making manufacturers liable for damages caused by defective products, including equipment malfunctions, inadequate instructions, or defective supplies.

Strict Liability

A legal theory where sellers or manufacturers are held liable for defective or hazardous products regardless of fault.

Invitee

A premises visitor classification owed the highest duty of care by a healthcare facility, including patients and vendors.

Licensee

A premises visitor classification owed a moderate duty of care by a healthcare facility, such as social guests.

Trespasser

A premises visitor classification owed minimal duty of care by a healthcare facility, limited to the avoidance of willful harm.