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 5 Discuss how confidentiality must be maintained in healthcare facilities with clients and their medical records. Define confidentiality. Discuss examples of confidential information Discuss with whom confidential information can be shared Define libel and slander.

9. Confidentiality Clients have a legal right to privacy concerning their medical affairs. Examples:The patient Patient Medical History Diagnosis Patient Care Procedures Computer info

10. Privacy Rule The Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that it permits the disclosure of personal health information needed for patient care and other important purposes.

11. HIPAA The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule The Office for Civil Rights enforces the HIPAA Privacy Rule, which protects the privacy of individually identifiable health information, and the confidentiality provisions of the Patient Safety Rule, which protect identifiable information being used to analyze patient safety events and improve patient safety.

12. Discuss with whom? 1. Patients MUST give consent 2. Only those involved with care 3. NEVER in hallways, elevators, etc

13. Libel and Slander Libel Making false statements about another person in writing. Slander Making false statements about another person verbally.

14. Competency 6 Explore legal issues such as sexual harassment, wrongful discharge, negligence, malpractice and violence in the workplace. Define terms: Sexual harassment, Wrongful discharge and Malpractice

15. Sexual Harassment Sex discrimination that violates Title VII of the Civil Right Act of 1964 Applies to employers with 15 or more employees Unwelcomed sexual advances Requests for sexual favors Verbal or physical content of sexual nature

16. Sexual Harassment Victim/harasser may be a man or woman. Does not have to be of the opposite sex. Harasser can be victim’s supervisor. Victim does not have to be the one harassed but could be anyone effected by offensive conduct.

17. Wrongful discharge When someone is fired who shouldn’t be fired. Due process of employee rights is defined by the employer & the union if applicable.

18. Malpractice Negligence that results in harm to the patient. To prevent being sued perform procedures in the way you were trained and only do what you can do. Stay within your role as defined by the employer.

19. 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

20. 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

21. 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

22. 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

23. 23 “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