1. Educate the Educator Legal Issues in Healthcare

2. This module explores legal issues involving clients and healthcare workers including: Health care laws Clients’ rights and responsibilities Confidentiality Liability Documentation Regulation. The relationship between ethics and legal issues Impact of healthcare systems’ laws and regulations. Legal Issues in Healthcare

3. This module consists of 9 competencies. Each competency is divided into unit competencies with learning activities to help students master the competency. Each learning activity is explained on the Module Outline and the resources described. Choose the learning activities that best meet your classroom needs. Module Outline and Instructor Resources

4. Find these learning activities and resources on the website or create your own. The Course Outline also has documents the instructor can use in teaching the lesson. These competencies are listed on the following slide and will then be addressed throughout the remainder of the power point. Module Outline and Instructor Resources

5. 1.Explain the laws related to healthcare and their influence on the delivery system. 1.Describe one’s legal responsibility related to abuse, neglect, exploitation, and the Vulnerable Adults Law 1.Explain clients rights and responsibilities and how healthcare providers can ensure those rights. 1.Describe the components of healthcare employee and healthcare facility liability when delivering client care. Legal Issues in Healthcare Competencies

6. 5.Discuss how confidentiality must be maintained in healthcare facilities with clients and their medical records. 6.Explore legal issues such as sexual harassment, wrongful discharge, negligence, malpractice and violence in the workplace. 7.Identify the legal issues for accurate documentation, informed consent and advanced directives. Legal Issues in Healthcare Competencies

7. 8.Describe the consequences of inappropriate use of health data (including use of social media and email) in terms of disciplinary action. 9.Using a problem solving process applied to healthcare situations, describe how laws influence healthcare facilities and the care of clients. Legal Issues in Healthcare Competencies

8. Competency 3

9. Explain client rights and responsibilities and how healthcare providers can ensure those rights. Four units and learning activities round out the learning for this third competency: 1.Identify the purpose of the Patient’s Bill of Rights. 2.Identify the purpose of the Resident’s Bill of Rights. 3.Explain how to help clients/individuals keep their rights. 4.Discuss how to report and document a violation of patient rights. Competency 3

10. Recommended Content In 1973, the American Hospital Association (AHA) published “A Patient’s Bill of Rights” to promote the rights of hospitalized clients. The Patient’s Bill of Rights, by federal law, must be explained verbally and signed by the client before care can be provided. Verification of compliance is an important function at the time of admission of the patient. A copy of the Patient’s Bill of Rights must be posted on the wall in every facility.Patient’s Bill of Rights Ramon and Niedringhaus, 2008.

11. Included in the Patient’s Bill of Rights are: Considerate and respectful care Consideration of privacy for clients Confidentiality of all records and communications regarding care The right to refuse a treatment or plan of care Patient involvement in decisions about care Patient will be informed of the costs of care Patient’s Bill of Rights Ramon and Niedringhaus, 2008.

12. Recommended Content OBRA (Omnibus Budget Reconciliation Act) guarantees the rights of residents in nursing homes. The rights of a resident are: To be informed To examine federal and state surveys regarding the facility Be treated with dignity Receive care regardless of race, color, ethnic origin, age, etc. Resident’s Bill of Rights

13. Recommended Content Explain the ways a client/individual can keep their rights are through education. Educational pieces include: A copy of the Patient’s or Resident’s Bill of rights must be given on admission A copy must be posted where it can be easily seen The patient/individual must be given as much control over his/her care as possible Tasks/care must be explained The patient’s/resident’s privacy must be maintained Maintaining Rights

14. Recommended Content Reporting and documentation are critical when a violation of a patient/client has occurred or is suspected. Basic steps to follow are: Report violations to the supervisor Document only the facts, not opinions Follow facility policy Reporting and Documenting

15. Recommended Learning Activities Competency 3: Client Rights and Responsibilities AssignmentResourcesNotes LIH Competency 3: Scenario - Health Care Bill of Rights Health Care Bill of RightsThis learning activity has students looking up the bill of rights and applying what they learn to questions in a scenario.

16. Competency 4

17. Describe the components of healthcare employee and healthcare facility liability when delivering client care. Three units are embedded in this competency and their learning activities. Define liability, negligence, malpractice and scope of practice. Discuss what policy and procedure is. Describe how policy and procedures protect the worker and client from harm. Competency 4

18. Liability – responsibility according to law Negligence – failure to provide Malpractice - negligence leading to harm Scope of practice - Practice within the guidelines of training, profession, and organization job description. What one is legally allowed to do. Terms

19. Liability One of the most significant words in the field of law, liability means legal responsibility for one's acts or omissions. Liability can result if the healthcare worker breaches confidentiality by passing along confidential client information to others or by intruding into the client’s private domain. Terms

20. Negligence Negligence is when a person does NOT act the way they should. For example, a nursing assistant is negligent when s/he does NOT take vital signs when s/he should have. Terms

21. Malpractice A person who does NOT give care with same level of skill learned in school can be found guilty of malpractice when this leads to an injury or damage to the person. For example, when a nursing assistant does NOT wash his/her hands between patients and some patients get a serious infection, this nursing assistant can be found guilty of malpractice. Terms

22. Scope of Practice To practice within the guidelines of training, the profession, and organization’s job description. What a person is legally allowed to do Terms

23. Recommended Content Policy – A course of action that should be taken every time a certain situation occurs. Example: Most agencies have a policy that the patient’s/resident’s /client’s plan of care should be followed. So every time you care for a patient or make a home visit, what you will do is determined by that client’s care plan. Policy and Procedures Fuzy, J. (2003).

24. Some Common Policies All information in a business relationship must remain confidential. The patient’s/client’s/resident’s plan of care must always be followed-determines the care to be provided. Employees should only do tasks within their Scope of Practice and generally are stated in their job description. Policy and Procedures Fuzy, J. (2003).

25. Procedures Particular method or way of doing something Step-by-step method in performing a task May be lengthy, but each step of process is important Example: An agency will have a “procedure” for reporting about your patient/resident that would include: What form to fill out When and how often to report/complete form To whom the report is given Policy and Procedures Fuzy, J. (2003).

26. Center for Psychiatric Rehabilitation. (n.d.). The Americans with Disabilities Act (ADA). Retrieved from http://www.bu.edu/cpr/reasaccom/whatlaws-adaact.html City of Minneapolis. (1997-2011). Vulnerable adults. Retrieved from http://www.ci.minneapolis.mn.us/police/crime- reporting/vulnerableadults.asp Department of Health. (2011). Questions and answers about health care directives. Retrieved from http://www.health.state.mn.us/divs/fpc/profinfo/advdir.htm Department of Justice, (2011). ADA Regulations and Technical Assistance Materials. Retrieved from http://www.ada.gov/publicat.htm#Anchor-ADA-44867 Fighel, T. (2011). Due process law in the workplace. Retrieved from http://ezinearticles.com/?Due-Process-Law-in-the- Workplaceandid=4003032 References

27. Fuzy, J. (2003). The nursing assistant’s handbook. Albuquerque, NM: Hartman Publishing Inc Fuzy, J. and Leahy, W. (2005). The home health aide handbook. Albuquerque, NM: Hartman Publishing Inc. Kockrow, O.E. and Christensen, B.L. (2006).Loss, grieving, dying, and death. In B.L. Christensen and E. O. Kockrow (Eds.). Foundations and adult health nursing (5 th ed.) (pp. 188-216). St. Louis, MO: Elsevier, Mosby Maryland Department of Health and Mental Hygiene. (2002). Health Insurance Portability and Accountability Act. Retrieved from http://www.dhmh.state.md.us/hipaa/whatishipaa.html References

28. Minnesota Board on Aging. (2010). Adult Protective Services Unit. Retrieved from http://www.mnaging.org/advisor/vulnerable.htm Minnesota Department of Health. (1991, October). Recommended menu pattern and small portion guidelines: Developed in accordance with OBRA Regulations for Nursing Facilities. Information Bulletin 91-3: NH-3. Retrieved from http://www.health.state.mn.us/divs/fpc/profinfo/ib91_3.htm Northern Virginia Community College. (n.d.). Patient Self-Determination Act: 1990. Retrieved from http://www.nvcc.edu/home/bhays/dogwood/selfdeterminationact.htm pdf References

29. Office of Reviser of Statutes, State of Minnesota. (2006). 604A.01, Minnesota Statutes 2006 : 604A.01 Good Samaritan Law. Retrieved from https://www.revisor.mn.gov/bin/getpub.php?type=sandnum=604A.01andyear=2006 Standfield, P.S., Cross, N., and Hui, U.H. (2008). Introduction to Health Professions (5 th ed.). Sudbury, MA: Jones and Bartlett Publishers Turnham, H. (n.d.). OBRA ‘87 Summary. National Long Term Care Ombudsman Resource Center. Retrieved from http://www.allhealth.org/briefingmaterials/OBRA87Summary-984. References

30. 30 “This workforce solution was funded by a grant awarded by the U.S. Department of Labor’s Employment and Training Administration. The solution was created by the grantee and does not necessarily reflect the official position of the U.S. Department of Labor. The Department of Labor makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership.” This work is licensed under a Creative Commons Attribution 4.0 International License. Authors: Dede Carr, BS, CDA, LDAPat Reinhart, RN