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MEDICAL ETHICS, LAW AND COMPLIANCE Chapter 2 © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED
LEARNING OUTCOMES: WHEN YOU FINISH THIS CHAPTER YOU WILL BE ABLE TO 2.1Define medical ethics, bioethics, and etiquette 2.2Discuss medical law and legal documents, such as advance directives, and give three examples 2.3Identify and discuss several key components of the HIPAA Administrative Simplification Rule 2.4State the purpose of a medical compliance plan and explain compliant methods the assistant can use to safeguard against litigation © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-2
abandonmentdefensive medicine arbitrationdeposition assaultdurable power of attorney authorizationethics batteryetiquette bioethicsexpress consent compliancefraud contributory negligence Good Samaritan Act Health Insurance Portability Act (HIPAA) medical practice acts summons implied consentregistration informed consentrelease of information liabilitysettlement licensurestatute of limitations litigationsubpoena malpracticesubpoena duces tecum © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED KEY TERMS 2-3
CHAPTER 2 KEY TERMS abandonment -- Unless the patient is discharged in an appropriate way, either because the treatment was completed or because the physician followed the procedure for termination, the patient may sue the physician arbitration -- helps both sides resolve the dispute or makes a decision if the two sides cannot agree assault -- clear threat of injury to another authorization authorization -- medical office follows a procedure to make sure that the party asking for the data has the right to receive it and that proper authorization to release the information has been granted © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2- 4
KEY TERMS (CONTINUED) battery -- any bodily contact without permission bioethics -- ethical issues involved with medical treatments, procedures, and technology compliance -- adherence to rules and regulations contributory negligence –refusal to have tests, x-rays, or vaccinations or a patient’s failure to follow the physician’s instructions © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-5
KEY TERMS (CONTINUED) defensive medicine -- those practices of the physician designed to help him or her to avoid incurring law suits deposition -- sworn statement to the court before any trial begins, and usually made outside of court durable power of attorney -- gives someone else, of the patient’s choosing, the right to make decisions for the patient ethics –the standards of conduct that grow out of one’s understanding of right or wrong © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-6
KEY TERMS (CONTINUED) etiquette -- behaviors and customs that are standards for what is considered good manners express consent -- written consent by signing a special consent form before any special procedure is performed fraud -- intentionally dishonest practice that deprives others of their rights Good Samaritan Act -- a law designed to protect the physician from liability for civil damages that may arise as a result of providing emergency care © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-7
KEY TERMS (CONTINUED) Health Insurance Portability and Accountability Act (HIPAA) -- regulates how electronic patient information is stored and shared implied consent -- consent given by actions instead of words informed consent -- that the patient has had the illness or problem explained by the physician in simple, understandable language © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-8
KEY TERMS (CONTINUED) liability -- legal responsibility licensure -- license to practice medicine litigation -- bringing of lawsuits malpractice -- improper care or treatment of a patient by a physician, hospital, or other provider of health care as a result of carelessness, neglect, lack of professional skill, or disregard for the established rules or procedures © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-9
KEY TERMS (CONTINUED) medical practice acts -- the practice of medicine within its borders through laws registration–permit release of information -- written permission is in the form of an authorization settlement -- reach an agreement and the case does not go to court © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-10
KEY TERMS (CONTINUED) statute of limitations -- a time limit for initiating litigation subpoena -- an order of the court directing a party to appear and testify subpoena duces tecum -- to appear, to testify, and to bring specified documents or items summons -- a written notice © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-11
2.1 DEFINE MEDICAL ETHICS, BIOETHICS, AND ETIQUETTE Principles of Medical Ethics Bioethics Etiquette © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-12
2.2 DISCUSS MEDICAL LAW AND LEGAL DOCUMENTS, SUCH AS ADVANCE DIRECTIVES Advance directives include: DNRs (Do Not Resuscitate) living wills medical durable power of attorney (DPA) © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-13
2.3 IDENTIFY AND DISCUSS SEVERAL KEY COMPONENTS OF THE HIPAA ADMINISTRATIVE RULE. HIPAA Electronic Transaction and Code Set Standards Requirements HIPAA Privacy Requirements HIPAA Security Requirements © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-14
2.3 HIPAA (CONTINUED) Who Must Comply Health care providers Health plans Health care clearinghouses Business associates © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-15
2.4 STATE THE PURPOSE OF A MEDICAL COMPLIANCE PLAN AND EXPLAIN COMPLIANT METHODS THE ASSISTANT CAN USE TO SAFEGUARD AGAINST LITIGATION Scope of service To prevent the submission of erroneous claims or unlawful conduct involving federal programs. © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2-16
The Administrative Medical Assistant’s Role in Compliance: Accurate data entry Accurate documentation Timely filing and storing of records Prompt reporting of errors or instances of fraudulent conduct © 2012 THE MCGRAW-HILL COMPANIES, INC. ALL RIGHTS RESERVED 2.4 STATE THE PURPOSE OF A MEDICAL COMPLIANCE PLAN AND EXPLAIN COMPLIANT METHODS THE ASSISTANT CAN USE TO SAFEGUARD AGAINST LITIGATION (CONTINUED) 2-17
MEDICAL ETHICS, LAW, AND COMPLIANCE Chapter 2. 2 Medical Ethics, Law, and Compliance Learning Objectives Define medical ethics, bioethics, and etiquette.
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