Healthcare Laws

Risk management

involves techniques used to reduce o eliminate accidental loss to the healthcare facility.

Breach

is a disclosure of protected health information without a reason or permission, which compromises the security or privacy of information.

Fraud

is a deceitful action that causes another to give up something of value.

Confidentiality

is a legally protected right of patients.

Identity theft

occurs when someone sells or uses another person's personal information for financial gain.

Wrongful termination

occurs when the employer did not have just cause for firing the employee.

Conflict of interest

relates to any financial interest, personal or professional activity, or obligation that impacts a person's objectivity when performing the job.

Covered entities

A HIPAA term that refers to healthcare providers, insurance plans, and claims clearinghouse that transmit protected health information electronically.

Business associate

A HIPAA term that relates to an agency or person that provides a service to a healthcare agency.

A(n) _________ is the disclosing private facts without consent of the individual.

Invasion of privacy

Abuse

An action that purposely harms another person.

Physical neglect

Failure to provide children with adequate nutrition and clothing

Neglect

Failure to provide proper attention or care to another person.

Retaliation

Getting back at others for something they did to you.

Vaccine Adverse Reporting System (VAERS)

a patient is having a usual side effect from a vaccine, the provider need to file a report

Exploitation

The act of using another person for one's own advantage.

Needlestick Safety and Prevention Act

The goal of this act was to reduce the risk of healthcare workers' exposure to bloodborne disease.

De-identify

The process to remove all direct patient identifiers from the PHI.

Uniform Anatomical Gift Act (UAGA)

The purpose of the act was to make organ donation easier for people.

The Security Rule relates to:

protecting the patient information that is electronically stored and transmitted.

Good Samaritan Laws

These state laws provide legal protection for those assisting an injured person during an emergency.

Rehabilitation Act of 1973

This act prohibits discrimination in employment practices based on physical or mental disabilities.

Title I and Title V of the ADA

This act prohibits employment discrimination against qualified persons with disabilities.

Genetic Information Nondiscrimination Act (GINA)

This act prohibits employment discrimination based on the person's genetic information.

Civil Rights Act of 1991

This act provides punitive damages in cases of intentional employment discrimination.

Uniform Determination of Death Act (UDDA)

This act served as a guide for state lawmakers to create their own laws that define death.

Standard 1

This HIPAA Standard relates to transactions and code sets.

Permission

This HIPAA term means a reason for releasing or disclosing patient information.

NPI (National Provider Identifier)

This is the unique identifier given to all healthcare providers.

Federal Insurance Contributions Act of 1935 (FICA)

This law created a payroll tax that requires a deduction from a person's paycheck. The withheld amount and an employer contribution fund the Social Security program a portion of Medicare.

False Claims Act

This law prohibits a person from submitting fraudulent Medicare or Medicaid claims for payment.

Fair Labor Standards Act

This law prohibits child labor and provides overtime pay and a minimum wage.

Title VII of the Civil Rights Act

This law prohibits employment discrimination based on color, race, gender, religion, or national origin.

The Healthcare Fraud Statute

This law prohibits intentionally defrauding any healthcare benefit program.

Federal Anti-Kickback Law

This law prohibits intentionally receiving or giving anything of value to get referrals or generate federal healthcare program business.

Family and Medical Leave Act (FMLA)

This law provides unpaid leave time for maternity, adoption, or caring for ill family members.

National Labor Relations Act

This law, also called the Wagner Act, gave the right to most workers to organize or join a union.

Patient Self-Determination Act

Requires most health institutions to inform patients of their right to make decisions and the facility's policies respecting advance directives

Walden-Martin Family Medicine is a _________ and their accountant is considered a _________ under HIPAA.

Covered Entities, Business Associate

What agency enforces HIPAA?

HHS Office for Civil Rights

A security officer

What are considered administrative safeguards under the Security Rule?

What are considered technical safeguards under the Security Rule?

Audits tracking user activities

What are reportable cases per state statutes?

Sexually transmitted infections, injuries related to violence, abuse, neglect, and exploitation, specific diseases

What conditions are typically reportable cases?

Gunshot wounds, stabbings, nonaccidental knife wounds

What is not considered a wound of violence?

A wound caused from a fall

What is not direct patient identifier?

Physical health conditions

What is part of the psychotherapy notes?

Provider's analysis

What is the importance of GINA?

Modified HIPAA and increases the protection to individuals and prohibits genetic discrimination in health coverage and employment are true

What patient records are held at a higher level of confidentiality?

HIV records, Drug and alcohol substance abuse, Psychotherapy notes

What question would be an illegal interview question?

Have you ever been arrested?

What term means to be free from unwanted intrusion?

Privacy

Which activity is not part of risk management?

Preventing all risks

Which OSHA Standard addresses the exit routes in a building?

Means of egress

Which OSHA Standard requires employees to provide information about the chemical hazards in the workplace?

Hazard communication

Which OSHA Standard requires that all chemicals are labeled, and the Safety Data Sheet must be available for each chemical in the workplace?

Hazard communication

Which OSHA Standard requires that signs are posted where x-rays are taken?

Ionizing radiation

Which OSHA Standard requires the use of universal precautions and personal protective equipment?

Bloodborne pathogens

Which situation would require a written authorization from a patient to disclose the PHI?

Beth's employer requires a copy of the pre-employment health physical.

Psychotherapy notes include what the patient stated during the session and the provider's analysis of the patient's statements and the situation. (T or F)

True

The ADA Amendments Act of 2008 expanded the meaning and interpretation of the definition of disability. People with cancer, diabetes, learning disabilities, and epilepsy are covered under this law. (T or F)

True

The Federal Anti-Kickback Law prohibits intentionally receiving or giving anything of value to get referrals or generate federal healthcare program business. (T or F)

True

The Uniform Anatomical Gift Act requires most healthcare institutions to inform patients of their rights to make decisions and the facility's policies respecting advance directives. (T or F)

False

What is true regarding CLIA?

Establishes quality standards and regulates laboratory testing and Quality standards focus on accuracy, reliability, and timeliness of test results are true

What is true regarding compliance reporting for unsafe activities?

OSHA gives employees the right to file a complaint and OSHA will keep the reporter's information confidential are true, Employees can request an OSHA inspection, OSHA will keep the reporter's information confidential, OSHA gives employees the right to file a complaint (All are true)

What is true regarding incident reports?

The purpose is to gather information about the situation in case of a future lawsuit and should be completed for medication errors and medical device malfunction are true.

What is true regarding reporting errors in patient care?

Errors in patient care need to be immediately reported to the provider. An incident report must be completed. Some states have medical error reporting systems in place. The department supervisor must be notified. (All are correct)

What is true regarding the Controlled Substance Act?

Contains five schedules of medications