1. Educate the Educator Legal Issues in Healthcare Competencies 5 and 6

2. 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. Legal Issues in Healthcare Competencies 5 & 6

3. Competency 5 Discuss how confidentiality must be maintained in healthcare facilities with clients and their medical records. 3

4. Competency 5 5. Discuss how confidentiality must be maintained in healthcare facilities with clients and their medical records. This competency consists of four units and learning activities. A.Define confidentiality. B.Discuss examples of confidential information C.Discuss with whom confidential information can be shared D.Define libel and slander.

5.  Recommended Content  The curriculum defines confidentiality as a client’s legal right to privacy concerning their medical/personal affairs.  Those areas in which confidentiality must be maintained are:  Patient’s personal history  Patient’s medical history  Patient’s diagnosis  Patient’s treatment plan  Patient’s prognosis 5 Define and Examples

6. Unit 5A & 5B: Confidentiality Clients have a legal right to privacy concerning their medical affairs. Examples:The patient Patient Medical History Diagnosis Patient Care Procedures Computer info

7.  Here are examples of confidentiality that students may not be aware of:  Discuss client information only in appropriate places  Examples: not in elevators, cafeteria, etc.  Never discuss patients with family or friends  Discuss patients and their personal concerns only with those directly involved in the patient's care. 7 Unit 5C: Shared Information

8. 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.

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

10.  Recommended Content  To address libel and/or slander, defamation is defined as communication that is false, or made with a careless disregard for the truth, and that results in injury to the reputation of a person.  Libel: Defamation by means of print, writing, or pictures. For example, writing in a patient’s chart that the physician is incompetent because he doesn’t respond immediately to a call is an example of libel. 10 Unit 5D: Libel and Slander

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

12.  Slander: Defamation by the spoken word, stating information or false words that can cause damage to a person’s reputation.  An example of slander would be for the healthcare worker to tell the client that another healthcare worker is incompetent. 12 Libel and Slander

13. Module Competency #5:Confidentiality Recommended Learning Activities AssignmentResourcesNotes LIH Competency 5 9 Scenario HIPAA Discussion HIPAAThis learning activity has a scenario with discussion questions on HIPAA.

14. Competency 6 Explore legal issues such as sexual harassment, wrongful discharge, negligence, malpractice and violence in the workplace. 14

15. Competency 6 1.Explore legal issues such as sexual harassment, wrongful discharge, negligence, malpractice and violence in the workplace. One unit makes up this competency. A.Define terms: Sexual harassment, Wrongful discharge and Malpractice

16. Unit 6A: Define Terms Recommended Content  At this point in the module, sexual harassment, wrongful discharge and malpractice will be discussed. Sexual Harassment - unwelcomed actions that are sexual in nature.  The EEOC is a governmental agency that handles sexual harassment complaints that cannot be settled in the workplace. (see next slide)

17. 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

18. 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.

19. Wrongful discharge  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.  It refers to the right of an impartial and fair hearing regarding employers decisions and procedures.  This may also take place when the employer decides to get rid of someone and get them fired.

20. 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.

21. Module Competency #6: Legal Issues in the Workplace Recommended Learning Activities AssignmentResourcesNotes LIH Competency 2 3 4 5 6 9 Scenarios – Abuse, Sexual Harassment, Confidentiality, and Neglect Assignment on website This learning activity has 4 scenarios with questions to reflect on and answer

22. 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

23. 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

24. 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

25. 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

26. 26 “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, LDA & Pat Reinhart, RN