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Law n Ethics 4
MA Law and Ethics
Question | Answer |
---|---|
What is LAW? | A set of rules governing conduct and action that are enforced by a recognized authority. |
What is the purpose of law? | Regulate Conduct-Punish Offenders -Remedy Wrongs -Benefit Society |
What are the 2 main areas of law? | Criminal and Civil Laws |
What is CRIMINAL LAW? | Laws that govern crimes or wrongs committed against society, individuals, or property in violation of an ordinance. CHARGES ARE BROUGHT FORTH BY THE GOVERMENT (EX: Medicare Fraud) |
What is CIVIL LAW | Laws that govern crimes or wrongs committed against and individual or property; CHARGES ARE BROUGHT FORTH BY THE INDIVIDUAL or HIS REPRESENATIVE |
The practice of MEDICINE is generally regulated by what type or law? | CIVIL LAW |
What is the most frequently used types of Civil Law involved in the Practice of Medicine? | Tort Law - Contract Law - Administrative Law |
What is TORT LAW? | legislation that relates to one party injuring another |
What is Contract Law? | Laws dealing with the rights and obligations of enforceable promises. Between 2 or more parties. |
What is Administrative Law? | Laws dealing with requirements and standards of govermental agencies. |
What are the FOUR "D" ' s used to determine whether a situation is malpractice? | DUTY-DERELICTION-DIRECT CAUSE - DAMAGES |
What does NEGLIGENCE mean? | action or inaction that injures another |
What does NONFEASANCE mean? | state of delaying or failing to perform a treatment |
What does MISFEASANCE mean? | state of performing a procedure incorrectly |
What is MALFEASANCE? | state of performing an incorrect treatement |
Define MALPRACTICE | FAILURE to ACT or IMPROPER PERFORMANCE of an act or PERFORMANCE OF AN IMPROPER ACT by a professional |
The term used in most obvious cases is, " res ipsa loquitur, What does this mean? | The thing speaks for itself |
What does the term "RESPONDEAT SUPERIOR" mean? | Let the Master Answer |
What does the GOOD SAMARITAN ACT do and Encourage? | It encourages off duty health care providers to render aid at the scenes of accidents and also protects health care personnel from liability or tort claims |
What are the 5 components required for a contract to be legal and binding? | OFFER MADE - OFFER ACCEPTED - EXCHANGE OF VALUE - ALL PARTIES MUST BE LEGALLY CAPABLE OF ACCEPTING THE TERMS - Intent must be legal |
What does CONSENT mean? | Voluntary permission given by a COMPETENT adult or legal agent of the patient |
What is a EMANCIPATED MINOR? | One who lives on his/her own and is self-supporting |
Can MINORS serving in the armed forces consent to medical treatment? | Yes they can |
What are ADVANCE DIRECTIVES? | Special documents signed by the patient,witnessed and notarized. These documents are put in place in case the patient is incapable of making decisions for him/herself. |
What is a LIVING WILL? | Document stating acceptable/unacceptable means to sustain the patients life. |
A document stating whome the patient designates to make medical decisions regarding accepting and withholding treatment | Medical (durable) power of attorney |
What is ADMINISTRATIVE LAW? | Regulations established and enforced by govermental agencies |
The abbreviation CLIA stands for what? | Clinical Laboratory Improvement Amendments |
What does OSHA stand for | Occupational Safety and Health Administration |
What does OSHA do? | Regulates safety in the work place |
What does the IRS (Internal Revenue Service) do? | Regulates Federal Payroll Taxes |
The Equal Employment Opportunity Act (EEOA) does what? | Prohibits employment discrimination because of age, color, national origin, race, religion or sex |
What does ADA stand for? | Americans for Disabilities Act |
What does the ADA do? | Prhibits discrimination against people with disabilities in employment |
Title 7 of the CIVIL RIGHTS ACT of 1964 covers what? | Unwelcome sexual advances,requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harrasment |
Famil Medical Leave Act allows what for employees? | It allows employees up to 12 job protected weeks of leave without pay for family or medical needs. |
What does JCAHO stand for? | The Joint Commission of Accreditation of Healthcare Organizations |
What is CAAHEP? | Commission on Accreditation of Allied Health Education Programs |
Death Certificates must be completed by who? | The attending physician |
What is ETHICS? | Moral principles, values and duties. Ethics are moral guidelines set forth and formally or informally enforced by peers,professional organizations and the community |
What is VERACITY? | The TRUTH |
What does AMA stand for? | American Medical Association |
What does AAMA stand for? | American Association of Medical Assistants |
In 1973, the American Hospital Association was the first to publish what? | PATIENTS BILL OF RIGHTS |
What is BIOETHICS? | Moral issues dealing with biologic studies, research, procedures, policies and decisions. |
What does HIPAA stand for? | Health Insurance Portability and Accountability Act |
What is Quality Improvement (QI) AKA: Quality Assurance | It is MEASURING - IMPROVING - AND REMEASURING Patient outcomes based on established criteria or indicators |
What is LIBEL? | False or Malicious writing against a person's character or reputaion |
What is a COVERED ACCOUNT? | A patient account that allows multiple payments or transactions |
What is defamation? | Injury to a person's character or reputation by false or malicious statements |
What does "NON COMPOS MENTIS" mean? | Not of Sound Mind |
What is the AGE OF MAJORITY? | An age at which a person is considered an adult; this is state-dependent, but usually is 18 or 21 years old |
Define RECIPROCITY? | The acceptance of one state of a license that is issued by another state |
On Auguts 1, 2009 what rule was inacted? | THE RED FLAG RULE |
Who enacted The Red Flag Rule? | Federal Trade Commission |
The Red Flag Rule was enacted for what reason? | To combat medical identity theft |
What are REPORTABLE INCIDENTS? | Events or conditions that, by law, that must be reported to a designated authority |
What is SLANDER? | False or Malicious verbal statement made against another |
What does VULNERABLE POPULATIONS mean? | A group of people who may be physically or mentally at rish for harm or exploitation |
Current Procedural Terminology abbreviations is? | CPT |
What does MSA stand for? | MEDICAL SAVINGS ACCOUNT |
What does CMS stand for? | Centers for Medical and Medicaid Services |
What does AHIMA mean? | American Health Information Management Association |