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Law & Ethics CM
Chapter 1-4 terms
Term | Definition |
---|---|
autonomy | independence or freedom, as of the will or one's actions: the autonomy of the individual. |
beneficence | the doing of good; active goodness or kindness; charity. |
categorical imperative | the rule of Immanuel Kant that one must do only what one can will that all others should do under similar circumstances. |
confidentiality | written, acted on, etc., in strict privacy or secrecy; secret: |
deontological or duty-oriented theory | focuses on the essential rightness and wrongness of an act, not on the consequences |
justice | the quality of being just; righteousness, equitableness, or moral rightness: |
needs-based motivation | |
non-maleficence | as par |
principle of utility | Requires that the rule used to make a decision bring about positive results when generalized to a wide variety of situations |
role fidelity | All health care practicioners have a specific scope of practice, for which they are licensed, certified, or registered and from which the law says they may not deviate |
teleological or consequence-orientated theory | Consequence-orientated or teleological theories judge the rightness of a decision based on the outcome or predicted outcome of the decision |
utilitarianism | A person makes value decisions based on results or a rule that will produce the greatest balance of good over evil, everyone considered |
veracity | truth telling |
virtue ethics | Focuses on the traits, characteristics, and virtues that a normal person should have |
american medical association principles | A code of ethics for members of the American Medical Association written in 1847 |
bioethicists | specialists who consult with physicians, researchers, and other to help them make difficult ethical decisions regarding pt care |
bioethics | a discipline dealing with the ethical implications of biological research methods and results, especially in medicine |
code of ethics | a system of principles intended to govern behavior of those entrusted withproviding care to the sick |
common sense | sound practical judgement |
compassion | the identification with and understanding of another s situation, feelings, and motives |
courtsey | The practice of good manners |
critical thinking | The ability to think analytically, using fewer emotions and more rationality |
defendant | The person or party against whom criminal or civil charges are brought in a lawsuit |
ethics | Standards of behavior, developed as a result of one's concept of right and wrong |
ethics committees | Committee made up of individuals who are involved in a patients care, including health care practitioners, family members, clergy, and others, with the purpose of reviewing ethical issues in difficult cases. |
ethics guidelines | Publications that detail a wide variety of ethical situations that professionals might face in their work and offer principles for dealing with the situations in an ethical manner. |
etiquette | Standards of behavior considered to be good manners among members of a profession as they function as individuals in society |
fraud | dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights |
health care practictioners | Those who are trained to administer medical or health care to pt's |
Hippocratic Oath | A pledge for physicians developed by the Greek Physician Hippocrates circa 400 b.c.e |
law | Rule of conduct or action prescribed or formally recognized as binding or enforced by controlling authority |
liable | legally responsible or obligated |
litigious | prone to engage in lawsuits |
medical ethicists | specialists who consult with doctors, researchers, and others to help them make difficult ethical decisions regarding patient care |
moral values | ones persons concept of right and wrong, formed through the influence of family, culture and society |
plantiff | the person bringing charges to a law suit |
precedent | decisions made by judges in the various courts that become rule of law and apply to future cases even though they were not enacted by a legislature; also known as case law |
protocol | A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office |
summary judgement | a decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial |
accreditation | official authorization or approval for conforming to a specified standard |
allopathic | Means "different suffering" referring to the medical philosophy that dictates training docs to intervene in the disease process, through the use of drugs and surgery |
associates practice | A medical management system in which two or more docs share office space and employees but practice individually |
certification | A voluntary credentialing process whereby pts who meet specific req's may receive a certificate |
coroporation | A body formed and authorized by law to act as a single person |
cybermedicine | A form of telemedicine that involves direct contact btwn patients and docs over the internet, usually for a fee |
e-health | the use of the internet as a source of pt information and about health and medicine |
endorsement | The process by which a license may be awarded based on individual credentials judged to meet licensing requirements in a new state |
Federal False Claims Act | A law that allows for pple to bring civil actions on behalf of the US government for false claims made to the federal government, under provision of the law called- qui tam "to bring an action for the kind and for oneself" |
gatekeeper physician | The pcp who directs the medical care of HMO members |
group practice | A medical management system in which a group of 3 or more licensed docs share their collective income, expenses,facilities, equipment,records, and personnel |
HCERA- Healthcare and education reconciliation act | Enacted in 2010, a federal law that added to regulations imposed on the insurance industry by the pt protection and affordable care act. |
HCQIA-Health Care Quality Improvement Act of 1986 | a federal statute passed to improve the quality of medical care nationwide. One provision est'd the National Practitioner Data Bank |
HIPDB-Healthcare integrity and protection data bank | a national health care fraud and abuse data collection program est'd by HIPAA for the reporting and disclosure of certain adverse actions taken against health care providers, suppliers, or practicioners |
HIPAA-Health insurance portability and accountability | passed in 1996 to protect privacy and other health care rights for patients |
HMO-Health maintenance Organization | a health plan that combines coverage of health care costs and delivery of health care for a prepaid premium |
indemnity | A traditional form of health ins that covers pt against a potential loss of money d/t medical expenses resulting from an illness or accident |
IPA-Individual practice association | A type of HMO that contracts with a group of Docs who practice in their own offices and receive a per-member payment |
licensure | A mandatory credentialing process established by law per profession |
managed care | A system in which financing, administration, and delivery of health care are combined to provide medical services to pt's prepaid fee. |
medical boards | bodies established by states for protecting the health safety and welfare of health care consumers |
medical practice acts | State laws written for the express purpose of governing the practice of medicine |
NPDB-National Practitioner Data Bank | A repository of info about health care practitioners, established by the Health Care Quality Improvement Act of 1986 |
open access plan | A managed care feature whereby subscribers may see any in-network health care provider without a referral |
parternership | A form of medical practice management system whereby two or more parties practice together under a written agreement |
PPACA-Patient protection and affordable care act | a federal law enacted in 2010, to expand health insurance coverage and otherwise regulate the health insurance industry |
PHO-Physician-hospital organization | a health care plan in which docs join with hospitals to provide a medical care delivery system and then contract for insurance with a commercial carrier or HMO |
POS- Point-OF-service plan | a health care plan that allows members to seek health care from non-network docs but pays a butt tone when he goes to his actual PCP |
PPA- Preferred provider association | managed care plans that contract with a network of doctors,hospitals and other health care providers who provide services for set fees |
PPO-Preferred provider organization | Preferred provider organization- a network of independent physicians, hospitals,and other health care providers who contact with an insurance carrier and provide medical care at a discount rate |
PCP-Primary care Physician | Primary Care Physcial |
reciprocity | process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination |
registeration | a credentialing procedure whereby one's name is listed on a register as having paid a fee and/or met certain criteria within a profession |
sole proprietorship | medical practice management done by the Doc himself, assuming all benefits and liabilities for the business |
telemedicine | remote consultation by patients with physicians or other health professionals via telephone, closed-circuit television or the internet |
tertiary care settings | those care settings providing highly specialized services |
administrative law | enabling statues enacted to define powers and procedures when an agency is created |
agent | one who acts for or represents another. Performing workplace dutie, the employee acts as the agent or authorized representative, of the employer |
breach of contract | Failure of either party to comply with the terms of a legally valid contract |
case law | law established through common law and legal precidents |
checks and balances | established by the US constitution that keeps any one branch of government from assuming too much power over the other branches |
civil law | law that involves wrongful acts against persons |
defendant | the person or party against whom criminal or civil charges are brought up in a law suit |
executive order | a rule or legislation issued by the president of the US without prior approval from congress |
expressed contract | a oral or written agreement in which all terms are expecially stated |
FDCPA-Fair Debt Collection Practices Act of 1978 | to treat debtors fairly. This ensures fair tx by prohibiting certain methods of debt collection |
felony | an offense punishable by death or by imprisionment |
implied contract | a unwritten and unspoken agreement whos terms result from the actionnof the parties involved |
jursdiction | the power and authority given to a court to hear a case and make a judgement |
law of agency | the law that governs the relationship between a principal and his or her agent |
legal precedents | decisions that judges make in various courts without applying without having legislation approval |
mentally incompetent | unable to fully understand all the terms & conditions of a transaction, there for unable to enter into a legal contract |
minor | anyone under 18 |
misdemeanor | a crime punishable by fine or by imprisonment in a facility other than a prison for less than one year |
negligence | an unintional tort alleged when one may have performed or failed to perform an act that a reasonable persons would not or would have done n similar circumstances |
plaintiff | the person bringing charges in a lawsuit |
procedural law | law that defines the rules used to enforce substantive |
proscution | the government as plaintiff in a criminal case |
respondent superior | literally "let the master answer" |
Statue of Frauds | state legislation governing written contracts |
statutory law | law passed by the US congress or state legislatures |
substantive law | the statutory or written law that defines and regulates legal rights and obligations |
third-party payer contract | A written agreement signed by a party other than the pt who promises to pay the patients bill |
tort | A civil wrong committed against a person or propery, excluding breach of contract |
tortfeasor | the person guilty of comiting a tort |
void | without legal force or effect |
voidable | able to be set aside or to be revalidated |