Ethics/Legal 6.02 Analyze contracts, privileged communications, and HIPPA.

Contracts An agreement between 2 or more parties An agreement between 2 or more parties Two types Two types Implied – obligations that are understood without verbally expressed terms. Implied – obligations that are understood without verbally expressed terms. Example: taking medicine Expressed – stated in clear and distinct language either orally or in writing. Expressed – stated in clear and distinct language either orally or in writing.

Understand the elements of a contract Understand the elements of a contract Offer – a competent person enters into a Offer – a competent person enters into a relationship with a provider. Acceptance – the provider provides care to the patient Acceptance – the provider provides care to the patient Consideration – payment made by the patient for services received. Consideration – payment made by the patient for services received.

Legal capacity vs. legal disability Legal capacity – the right to enter into a contract according to law/guidelines. Legal capacity – the right to enter into a contract according to law/guidelines. Legal disability – the inability to enter into a contract. May include the following: Legal disability – the inability to enter into a contract. May include the following: Minors Minors Mentally incompetent Mentally incompetent People under the influence of drugs/alcohol People under the influence of drugs/alcohol Semiconscious or unconscious Semiconscious or unconscious

Role of an agent in contract law Agent – an employee of a healthcare provider or agency. Agent – an employee of a healthcare provider or agency. Should work to protect the interests of the employer. Should work to protect the interests of the employer. Can cause legal action to occur and cost agency $$$$$$$. Can cause legal action to occur and cost agency $$$$$$$.

Role of Principal in contract law Principal – the employer of an agent. Principal – the employer of an agent. Provides supervision for agent Provides supervision for agent Held liable for agent’s actions.. Held liable for agent’s actions..

Privileged communication Include all information given to a healthcare provider by the patient. Include all information given to a healthcare provider by the patient. Information that is confidential Information that is confidential Written consent – in order to share info. Pt must give. Written consent – in order to share info. Pt must give.

Privileged communication Health care records – belong to the health care provider but pt. has the right to obtain a copy of any information in the record. Health care records – belong to the health care provider but pt. has the right to obtain a copy of any information in the record. Can be used as legal records in court Can be used as legal records in court Must be properly maintained, stored and retained according to state law. Must be properly maintained, stored and retained according to state law. Paper/computer Paper/computer

Privacy Act HIPAA (Health Insurance Portability and Accountability Act) 1996 HIPAA (Health Insurance Portability and Accountability Act) 1996 Congress required the USDHHS to establish standards to protect health information. Congress required the USDHHS to establish standards to protect health information. USDHHS published the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) USDHHS published the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) Effective 2003 Effective 2003 Provided federal protection for privacy of health information in all states. Provided federal protection for privacy of health information in all states.

Privacy Rule Under these standards pt can do the following: Under these standards pt can do the following: 1. See/obtain copy of record 2. Find out how health care provider uses information. 3. Set limits on how info. is used and accessed. 4. Request provider ensure record is confidential. 5. File a complaint on any one who breaks privacy rule.

Summary Due to variation among states and agencies, it is your responsibility to learn exactly what you are permitted to do or not to do. You can be held liable for your actions. Remember, it doesn’t matter what someone told you to do. You following the laws, rules and regulations is what matters. Due to variation among states and agencies, it is your responsibility to learn exactly what you are permitted to do or not to do. You can be held liable for your actions. Remember, it doesn’t matter what someone told you to do. You following the laws, rules and regulations is what matters.

Learning is the key. Will you be the agent or principal in relation to your education and job? Will you be the agent or principal in relation to your education and job?