2. ethical and legal issues

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2. ETHICAL AND LEGALISSUES LEGAL TERMS AND DEFINITIONS Abandonment: Is when a family or agency leaves an Consumer without care or support. Assault: Takes place when an Consumer intentionally attempts or threatens to touch another Consumer in a harmful or offensive manner without their consent. Battery: Takes place when an Consumer harmfully or offensively touches another Consumer without their consent. 3. ETHICAL AND LEGALISSUESLEGAL TERMS AND DEFINITIONS False imprisonment: Takes place when you intentionally restrict an Consumers freedom to leave a space. Fraud: Means that a person intentionally gives false information in order to make money or gain an advantage. Invasion of privacy: Is revealing personal or private information without an Consumers consent. 4. ETHICAL AND LEGALISSUESLEGAL TERMS AND DEFINITIONS Liability Refers to the degree to which you or your employer will be held financially responsible for damages resulting from your negligence. Malpractice Is a failure to use reasonable judgment when applying your professional knowledge. Negligence Is when a personal injury or property damage is caused by your act or your failure to act when you have a duty to act. 5. ETHICAL AND LEGAL ISSUESMANDATORY REPORTING Mandatory reporting: All persons responsible for the care of an incapacitated orvulnerable adult or child have a duty to report suspected abuseand neglect. Reports must be made immediately (by phone or in person) toAdult Protective Services or Child Protective Services(depending on the persons age) or to the police. Failure to report is a misdemeanor. 6. ETHICAL AND LEGAL ISSUESMANDATORY REPORTING If the Consumer is in immediate danger, call 911. If the abuse is not life-threatening, report it to your Supervisorwho will assist you in making the report to either of the 24-hourstatewide reporting lines: Adult Protective Services: 1-877-SOS-ADULT (1-877-767-2385) Child Protective Services: 1-888-SOS-CHILD (1-888-767-2445) Immunity: All persons reporting are immune from any civil or criminalliability if the report does not involve any maliciousmisrepresentation, according to Arizona statutes (ARS 46-453). 7. ETHICAL AND LEGAL ISSUES PURPOSE OF A SERVICE PLAN A care plan or support plan: Is a written plan created to meet the needs of the person. The plan is usually created during an in-home assessment of the Consumers situation, the strengths and care being provided by family and friends. The plan defines the needs and objectives/goals for care. 8. ETHICAL AND LEGALISSUESPURPOSE OF A SERVICE PLAN The plan: Lists the actions to be provided by the DCW. You must follow the plan as written. Any deviations from a care or support plan may put the DCW atrisk for disciplinary action. Therefore, any changes need to be approved by thesupervisor. Care/support plans are reviewed by the care team. The DCW may be asked for input as to how the plan is working. Reporting and documenting are very critical in evaluatingwhether the plan is working or if it needs revision. 9. ETHICAL AND LEGALISSUESFOLLOW THE SERVICE PLAN Only perform work assigned: If you perform a task that was not assigned by your supervisor,you become liable for those actions. A plan is developed for each Consumer that describes exactlywhat services should be provided. This is called a care plan or support plan. It lists the tasks you should do for this Consumer. 10. ETHICAL AND LEGAL ISSUES FOLLOW THE SERVICE PLAN Do not do less work than assigned: When you fail or forget to do all the tasks assigned, you may put your Consumer at risk. As a result of your failure to act, you might be found negligent. It is important that you understand the care or support plan for the Consumer. You must do all the tasks assigned to you as described in the plannot more and not less. 11. ETHICAL AND LEGAL ISSUES FOLLOW THE SERVICE PLAN Avoid doing careless or low-quality work. Performing tasks carelessly might make you liable for the damages or injuries that result. 12. ETHICAL AND LEGALISSUES RIGHTS OF A Consumer Consumers have the right to: Considerate and respectful treatment and care. Not be abused emotionally, sexually, financially, or physically. Design their treatment or service plan, decide how their serviceswill be provided, and who will deliver those services (includingrequesting a change of caregiver). Receipts or statements for their fee-based service. Refuse treatment. Privacy. File a complaint with the agency. Confidential handling of their personal information. 13. ETHICAL AND LEGAL ISSUESRIGHTS OF A Consumer Consumer choice: These Consumer rights are based on principles of self-determination and Consumer choice. Consumers choose which services they want to receive. They may also choose how services are provided. The Consumer has the right to refuse. Each person chooses what clothes to wear and what foods toeat. Having choices improves well-being and makes the person moreindependent. 14. ETHICAL AND LEGAL ISSUESPRIVACY AND CONFIDENTIALITY Health Insurance Portability and Accountability Actof 1996 (HIPAA): HIPAA is a law that keeps the identifiable health information about our Consumers confidential. It includes what must be done to maintain this privacy and punishments for anyone caught violating Consumer privacy. The Office of Civil Rights of the U.S. Department of Health and Human Services is the agency authorized to enforce HIPAAs privacy regulations. The regulations took effect on April 14, 2003. The rules on confidentiality in HIPAA are enforced by law. 15. ETHICAL AND LEGAL ISSUESPRIVACY AND CONFIDENTIALITY Purpose of confidentiality: Our Consumers need to trust us before they will feel comfortable enough to share any personal information with us. In order for us to provide quality care, we must have this information. They must know that whatever they tell us will be kept private and limited to those who need the information for treatment, payment, and health care operations. 16. ETHICAL AND LEGALISSUESPRIVACY AND CONFIDENTIALITY What is confidential? All information about our Consumers are considered private or confidential. Whether written on paper, saved on a computer, or spoken aloud. This includes their name, address, age, Social Security number, and any other personal information. It also includes the reason the Consumer is sick, the treatments and medications he/she receives, caregiver information, any information about past health conditions, future health plans, and why the Consumer is open to services. 17. ETHICAL AND LEGALISSUES PRIVACY AND CONFIDENTIALITY Communication: Spoken communication runs the range from conductingConsumer interviews, paging Consumers, whispering incorridors, to talking on telephones. Written communication includes the hard copy of the medicalrecord, letters, forms, or any paper exchange of information.Electronic communication includes computerized medicalrecords, electronic billing and e-mail. If you reveal any of this information to someone who does notneed to know, you have violated a Consumers confidentiality,and you have broken the law. 18. ETHICAL AND LEGALISSUES PRIVACY AND CONFIDENTIALITY Consequences for not keeping confidentiality: The consequences will vary, based on the severity of the violation, whether the violation was intentional or unintentional. Depending on the violation agencies may be fined by the government if they are found to be in non-compliance with HIPAA regulations. Agencies and their employees can receive civil penalties up to $25,000 for the violation. Agencies and their employees can also receive criminal penalties up to a $250,000 fine and/or 10 years in prison for using information for commercial or personal gain or malicious harm. 19. ETHICAL AND LEGAL ISSUESPRIVACY AND CONFIDENTIALITY Important: If you notice a breach of confidentiality, inform your supervisorimmediately. Do not repeat the Consumers information to anyone. Remind the person that told you the personal information aboutconfidentiality requirements. 20. ETHICAL AND LEGALISSUESNEED TO KNOW RULE This rule is really common sense. If you need to see Consumer information to perform your job,you are allowed to do so. But, you may not need to see all the information about everyConsumer. You should only have access to what you need to in order toperform your job. There may also be occasions when you will have access toconfidential information that you dont need for your work. For example, you may see information on whiteboards orsign-in sheets. You must keep this information confidential. 21. ETHICAL AND LEGALISSUES NEED TO KNOW RULE Theres no doubt that you will overhear private health informationas you do your day-to-day work. As long as you keep it to yourself, you have nothing to worryabout. In the course of doing your job, you may also find thatConsumers speak to you about their condition. Although theres nothing wrong with this, you must rememberthat they trust you to keep what they tell you confidential. Do not pass it on unless it involves information the professionalstaff needs to know to do their jobs. Tell the Consumer that you will be sharing it with theprofessional staff or encourage them to tell the informationthemselves. 22. ETHICAL AND LEGALISSUES ALLOWING DECISIONS ABOUT SERVICES Consumers choices: The DCW should respect the Consumers choices. When a person is not allowed to make decisions aboutservices, that takes away from his/her rights. As a DCW, if you are concerned about a choice, explain why youare concerned, discuss an alternative, contact your supervisorfor instructions, and document what you did. 23. ETHICAL AND LEGALISSUESALLOWING DECISIONS ABOUT SERVICES Promote independence: Independent living and self-determination are values that stressdignity, self responsibility, choices and decision making. Independent living is the freedom to direct ones own life. Each Consumer