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 7

9. Identify the legal issues for accurate documentation, informed consent and advance directives. For this competency, you will be introduced to three units and learning activities. Discuss accurate documentation Define informed consent Discuss advanced directives Competency 7

10. Recommended Content Accurate Documentation: Objective and completed at time of contact Record is complete Information is factual Implications of inaccurate documentation: Legal Document Communication between health care professionals to assure quality care Discuss Accurate Documentation

11. Informed Consent Healthcare Provider must tell a patient all the potential benefits, risks, and alternatives involved in any surgical procedures, medical procedure, and specific treatments. Patient must provide written consent When Informed Consent is needed Surgical Procedures Medical Procedures Some Treatments Define Informed Consent

12. Consequences when no Advanced Directives: If you are unable to make decisions about your health care (unconscious, etc) Your closest relative will decide how to proceed with your care. Discuss Advanced Directives

13. Competency 8

14. Describe the consequences of inappropriate use of health data (including use of social media and email) in terms of disciplinary action. Three units and learning activities round out the learning for this third competency: Define social media. Discuss inappropriate use of social media. Describe consequences when social media is inappropriately used. Competency 8

15. Recommended Content Forms of electronic communication include:  Web sites for social networking and microblogging through which users create online communities to share information, ideas, personal messages, and other content (as videos) (Merriam/Webster) Define Social Media

16. While providing care When talking to a client, patient, resident or customer Private emails when working Taking pictures of individuals being cared for Personal calls when working Sharing individuals personal information Discuss Inappropriate Use of Social Media

17. When an employee misuses social media, the following may occur: Loss of job Criminal investigation Loss of license, certification Removal from state registry Consequences of Misusing Social Media

18. Recommended Learning Activities Competency 8: Inappropriate use of health care data AssignmentResourcesNotes LIH Competency 8 Consequence of Misusing Social Media YouTube VideoThis assignment has the students review a social media white paper, watch a You Tube on examples of misuse of social media and then answer questions pertaining to the You Tube video.

19. Competency 9

20. Using a problem solving process applied to healthcare situations, describe how laws influence healthcare facilities and the care of clients. This competency consists of one unit. Discuss the problem solving process as applied to legal issues in health care utilizing a team approach. Competency 9

21. Recommended Content Review and utilize a five step problem solving process applied to legal issues in healthcare. 1.Identify the problem 2.Gather information 3.Create alternative solutions 4.Select and act/implement solutions 5.Evaluate and revise, as needed. Problem Solving Process

22. Recommended Learning Activities Competency 9: Problem Solving AssignmentResourcesNotes LIH Competency 9 Health Care in the News Online health care newsStudents on a weekly basis, find a healthcare article in the news and write and report on it.

23. 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

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25. 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

26. 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

27. 27 “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