Privacy & Health Law
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| legal written document specifying patient's preferences regarding future health care or specifies another person to make medical decisions in event patient had incurable/irreversible condition & is unable to communicate wishes; patient must be competent | show 🗑
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| rather than settling dispute in court, neutral party/panel hear both sides & renders decision, or by settling claims against them by negotiating direct payment to party bringing claim in exchg for clmt dropping the claim | show 🗑
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| laws prohibiting anti-competitive behaviors such as price discrimination, restraint of trade, and monopolies | show 🗑
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| show | arbitration
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| deliberate threat, coupled with apparent ability to do physical harm to another person without that person;s consent; no contact is required | show 🗑
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| process of verifying/confirming identity of a user that is requesting to access the information | show 🗑
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| show | authorization
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| courtroom personnel who are present to assisting keeping order, administering oaths, guarding & assisting jury, & performing other duties at direction of the judge | show 🗑
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| show | battery
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| show | best evidence rule
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| when one part to a contract fails to follow the terms agreed to in the contract | show 🗑
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| show | burden of proof
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| special agreement required by HIPPA that covered entities must use when using outside agents/organizations to handle/process protected health info on their behalf; ensures the agency follows rules set by covered entity for handling protected health info | show 🗑
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| in deciding on cases when no statutes apply, judges refer to similar cases that have been decided in past & by applying same principles, courts generally arrive at same ruling in current case as in similar previous cases | show 🗑
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| show | charitable immunity
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| show | clerk of the court
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| show | common law
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| show | complaint
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| show | confidential communications
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| written permission from patient allowing care/treatment | show 🗑
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| documentation made while care is being provided, while the info is fresh in care provider's mind | show 🗑
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| show | contract
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| under this theory, courts can hold HCOs liable for their own independent acts of negligence | show 🗑
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| show | court order
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| individual responsible for creating verbatim transcript of court proceedings | show 🗑
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| any entity that is a health plan, health care clearinghouse, or health care provider conducting certain transactions in electronic form & must comply w/HIPPA's Privacy Rule | show 🗑
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| show | credentialing
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| show | defamation
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| show | defendant
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| show | deindentified
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| sworn verbal testimony | show 🗑
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| show | designated record set (DRS)
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| show | discovery
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| the right to a full hearing | show 🗑
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| show | durable power of attorney for health care
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| show | emancipated minor
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| information legally presented at trial, offered to prove or disprove an issue under contention | show 🗑
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| unlawful restraint of person's personal liberty or unlawful restraining/confining of a person; physical force not required only that there is reasonable fear that force will be used to detain/intimidate the person into following orders | show 🗑
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| willful & intentional misrepresentation that could cause harm/loss to a person/person's property | show 🗑
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| show | health care operations
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| bars legal admissibility of evidence that is not the personal knowledge of the witness | show 🗑
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| show | incident report
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| show | institutional review board (IRB)
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| show | intentional tort
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| show | interrogatory
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| negligent disregard for patient's privacy | show 🗑
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| power of a federal, state, etc. court to hear a dispute | show 🗑
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| written document allowing a competent adult to indicate their wishes regarding life-prolonging medical treatment should they be unable to consent | show 🗑
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| show | malpractice
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| show | minimum necessary
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| show | motion to quash
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| conduct that society considers unreasonably dangerous; failure to provide a reasonable level of care. | show 🗑
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| factual summaries of unexpected events that have/could have resulted in injury/harm to patients/staff/visitors. | show 🗑
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| party that initiates the lawsuit | show 🗑
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| show | pleading
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| legally recognized authority to act & make decisions on behalf of another party | show 🗑
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| show | precedent
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| override | show 🗑
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| when weighing whether something is true/not true when evidence supports the case by 51% | show 🗑
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| show | privacy
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| show | privileged communication
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| show | protected health information
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| primary or substantial cause of an injury | show 🗑
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| show | qui tam
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| show | "reasonable man" standard
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| show | regulation
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| doctrine: HCOs must take reasonable steps to supervise actions of their employees/professional staff, incl. medical staff | show 🗑
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| contracts/agreements that tend to/are designed to eliminate/stifle competition, create a monopoly, artificially maintain prices, or otherwise hamper/obstruct course of trade/commerce | show 🗑
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| constitutionally recognized right to be left alone, to make decision's about one's own body, & to control one's own info | show 🗑
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| subpoena duces tecum validity for hlth info under HIPPA: reasonable efforts by party seeking info ensuring subject of protected health info given notice of request or has secured qualified protective order that meets HIPPA privacy rule | show 🗑
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| HIPPA & good business practices require HCOs implement administrative, technical, & physical safeguards to protect confidentiality, integrity, & appropriate availability of hlth info maintained in paper/electronic format | show 🗑
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| generally accepted standards for each profession determined by referring to current standards published by relevant specialty society & professional literature | show 🗑
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| legal principle that courts should decide similar cases similarly; cases with similar facts & questions should ordinarily be decided in the same way | show 🗑
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| show | statute
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| show | statute of limitations
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| show | subpoena
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| show | subpoena duces tecum
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| action where one party alleges another party's wrongful conduct has caused them harm; the party bringing action to court seeks compensation for that harm | show 🗑
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| show | whistleblower
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| show | workforce
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| show | mediation / arbitration
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| show | the credentialing process
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| show | the corporate negligence theory
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| when referring to the corporate negligence theory, the appropriate industry standards refers to | show 🗑
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| oral defamation of character that tends to damage the defamed's reputation in eyes of community | show 🗑
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| written defamation of character that tends to damage the defamed's reputation in eyes of community | show 🗑
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| show | discovery phase
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| depositions & interrogations, during the discovery phase, are considered | show 🗑
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| show | documents
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| show | state to state
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| show | disclosures of their health information
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| if information is allowed to be used at trial it can be | show 🗑
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| interpreted & applied by judges in deciding what info can be admitted into evidence & both federal gov. & individual states have | show 🗑
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| show | health care operations activities
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| show | authorization
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| incident reports are meant to be nonjudgmental, ___ ___ of the event & its consequences, if any | show 🗑
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| show | legal defense
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| show | the aim of an IRB
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| assault & battery, false imprisonment, defamation of character, invasion of privacy, fraud/misrepresentation, & intentional infliction of emotional distress are all | show 🗑
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| show | interrogatories
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| uses or disclosures for treatment purposes & where patient has specifically authorized release of more info are (2) of only a few situations where the minimum necessary standard | show 🗑
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| show | risk managers & attorneys
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| in a pleading the defendant ___ or otherwise responds to the defendant's claim | show 🗑
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| preponderance of evidence is considering | show 🗑
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| show | revealed
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| show | negligence/malpractice
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| show | fail to perform their duties adequately
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| restraint of trade is when the medical/professional staff credentialing process interferes with a physician's/health professional's ability to | show 🗑
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| right of privacy is an important ___ ___ for the health care community | show 🗑
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| show | electronic format
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| stare decisis | show 🗑
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| show | timely filing of claims
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| show | witnesses to be available
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| in most states the statute of limitations begins at | show 🗑
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| statute of limitations in a health care case begins at the __ __ __ if the patient was treated as a minor | show 🗑
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| show | private law
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| show | error correction
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| show | addenda
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| show | the federal government
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| if a physician believes that an amendment request is inappropriate, reason falling under permissible reason under HIPPA privacy act for denying the change, physician must | show 🗑
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| patient's amendment requests should be handled as an addendum to record without | show 🗑
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| outlines an appeal process that must be made available to patient if their request for amendment is denied, & they wish to appeal denial | show 🗑
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| show | (1) of (9) exempt categories under FOIA
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| show | "unwarranted invasion of privacy" under FOIA
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| show | the health record itself
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| is subject of patient's ownership interest in the info within the record | show 🗑
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| authorizations that do not contain all required elements are considered | show 🗑
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| releasing info when there is an invalid authorization, is a violations of the HIPPA privacy rule and | show 🗑
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| internal uses for disclosure for patient care purposes should be on a | show 🗑
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| HIPPA's privacy rule permits disclosure of protected health info for treatment purposes | show 🗑
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| show | legitimate
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| a HIM professional does ___ & ___ analysis of each patient record to assure it consistency and completeness. | show 🗑
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| show | procedures for record completion
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| show | codes; billing
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| show | confidentiality
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| a HIM professional participates in quality assurance, utilization review and ___ activities. | show 🗑
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| show | record-keeping services
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| show | a HIM professional
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| "The patient has not received all of the services he needs and deserves if his " | show 🗑
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| In court, the medical record IS the care rendered. If it isn't in the record," | show 🗑
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