Presentation on theme: "Legal and Ethical Issues. 1. Describe and explain legal and ethical issues. 2. Describe guidelines for avoiding legal action and list methods for protecting."— Presentation transcript:
Legal and Ethical Issues
1. Describe and explain legal and ethical issues. 2. Describe guidelines for avoiding legal action and list methods for protecting consumer rights 3. Identify, describe, and differentiate cases of abuse, neglect and exploitation, and reporting 4. Describe techniques for promoting consumer rights 5. Describe and explain ethical behavior in caregiving 6. Describe advance directives and the significance of the “orange” form
Law: rules written by the legislature or a government agency. Ethics: a system of moral values
Keep personal information confidential. Only perform work assigned. Do not do less work than assigned. Avoid doing careless or low-quality work. Report abuse and make sure your actions are not considered abusive.
Honesty Respect Reliability You should not take gifts or tips Follow the client’s service plan unless you consult with your supervisor Take pride in doing your job well
Clients have the right to: Considerate and respectful treatment Not be abused Decide how their services will be provided Refuse treatment Privacy File a complaint with the agency Confidentiality
caregivers have the right to: File a complaint without fear of retaliation. Not be abused Work in a safe environment. Provide input to a client’s service plan .Be informed when a client files a complaint A confidential investigation, a fair hearing Receive timely payment for services
HIPAA, the Health Insurance Portability and Accountability Act of 1996, is a law that keeps the identifiable health information about our clients confidential.
All information about our clients is considered private or confidential, whether written on paper, saved on a computer, or spoken aloud. If you reveal any information to someone who does not need to know, you have violated a client’s confidentiality, and you have broken the law.
Agencies and their employees can receive civil penalties up to $25,000 for the violation Agencies and their employees can also receive criminal penalties up to a $250,000 fine and/or 10 years in prison for using information for personal gain or harm
We need client’s personal information in order for us to provide quality care. We should keep what we know private and limited only for treatment and health care operations.
To inspect and copy his/her medical record To amend the medical record if he/she feels it is incorrect To do an accounting of all disclosures necessary for treatment To restrict access to medical information by others To receive a copy of the Agency’s Notice of Privacy Practices
Spoken communications Telephone communications Medical records Trash Fax transmissions Computer
1. Definition: Adult and child abuse refers to any from of maltreatment of a person by a caregiver, family member, spouse, or friend.
1. Abuse 2. Sexual abuse or sexual assault 3. Neglect 4. Financial exploitation 5. Emotional abuse
Previous incidents of domestic violence by spouse Financial dependency on the adult by the abuser Mental illness of abuser Adult children living with the older parent Abuser isolates adult to prevent the abuse from being discovered
Felony Any person who has been employed to provide care and permits the person’s life to be endangered by neglect can be found guilty of felony.
It is a document specifying the type of treatment individuals want or do not want under serious medical conditions. It is used when a person is unable to communicate his or her wishes It provides written proof of the expressed wishes of the individual, rather than making the family guess what is desired.
Living Will Durable medical power of attorney
Agency – Specific Policies and Procedures Display of the Orange Form