MEDICAL ETHICS, LAW AND COMPLIANCE

Chapter 2

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LEARNING OUTCOMES: WHEN YOU FINISH THIS CHAPTER YOU WILL BE ABLE TO

2.1 Define medical ethics, bioethics, and etiquette

2.2 Discuss medical law and legal documents, such as advance directives, and give three examples

2.3 Identify and discuss several key components of the HIPAA Administrative Simplification Rule

2.4 State the purpose of a medical compliance plan and explain compliant methods the assistant can use to safeguard against litigation

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abandonment defensive medicine

arbitration deposition

assault durable power of attorney

authorization ethics

battery etiquette

bioethics express consent

compliance fraud

contributory negligence

Good Samaritan Act

Health Insurance Portability Act (HIPAA)

medical practice acts

summons

implied consent registration

informed consent release of information

liability settlement

licensure statute of limitations

litigation subpoena

malpractice subpoena duces tecum

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KEY TERMS

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CHAPTER 2 KEY TERMS

abandonment --Unless the patient is discharged in an appropriate way, either because the treatment was completed or because the physician followed the procedure for termination, the patient may sue the physician

arbitration --helps both sides resolve the dispute or makes a decision if the two sides cannot agree

assault --clear threat of injury to another authorization authorization -- medical office follows a procedure to

make sure that the party asking for the data has the right to receive it and that proper authorization to release the information has been granted

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KEY TERMS (CONTINUED)

battery -- any bodily contact without permission

bioethics -- ethical issues involved with medical treatments, procedures, and technology

compliance -- adherence to rules and regulations contributory negligence –refusal to have tests, x-

rays, or vaccinations or a patient’s failure to follow the physician’s instructions

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KEY TERMS (CONTINUED)

defensive medicine -- those practices of the physician designed to help him or her to avoid incurring law suits

deposition -- sworn statement to the court before any trial begins, and usually made outside of court

durable power of attorney -- gives someone else, of the patient’s choosing, the right to make decisions for the patient

ethics –the standards of conduct that grow out of one’s understanding of right or wrong

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KEY TERMS (CONTINUED)

etiquette -- behaviors and customs that are standards for what is considered good manners

express consent -- written consent by signing a special consent form before any special procedure is performed

fraud -- intentionally dishonest practice that deprives others of their rights

Good Samaritan Act -- a law designed to protect the physician from liability for civil damages that may arise as a result of providing emergency care

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KEY TERMS (CONTINUED)

Health Insurance Portability and Accountability Act (HIPAA) -- regulates how electronic patient information is stored and shared

implied consent -- consent given by actions instead of words

informed consent -- that the patient has had the illness or problem explained by the physician in simple, understandable language

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KEY TERMS (CONTINUED)

liability -- legal responsibility licensure -- license to practice medicine litigation -- bringing of lawsuits malpractice -- improper care or treatment of a

patient by a physician, hospital, or other provider of health care as a result of carelessness, neglect, lack of professional skill, or disregard for the established rules or procedures

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KEY TERMS (CONTINUED)

medical practice acts -- the practice of medicine within its borders through laws

registration–permit release of information -- written permission is in

the form of an authorization settlement -- reach an agreement and the case does

not go to court

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KEY TERMS (CONTINUED)

statute of limitations -- a time limit for initiating litigation

subpoena -- an order of the court directing a party to appear and testify

subpoena duces tecum -- to appear, to testify, and to bring specified documents or items

summons -- a written notice

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2.1 DEFINE MEDICAL ETHICS, BIOETHICS, AND ETIQUETTE

Principles of Medical Ethics Bioethics Etiquette

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2.2 DISCUSS MEDICAL LAW AND LEGAL DOCUMENTS, SUCH ASADVANCE DIRECTIVES

Advance directives include: DNRs (Do Not Resuscitate) living wills medical durable power of attorney (DPA)

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2.3 IDENTIFY AND DISCUSS SEVERAL KEY COMPONENTS OF THE HIPAAADMINISTRATIVE RULE.

HIPAA Electronic Transaction and Code Set Standards Requirements

HIPAA Privacy Requirements

HIPAA Security Requirements

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2.3 HIPAA (CONTINUED)

Who Must Comply

Health care providers Health plans Health care clearinghouses Business associates

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2.4 STATE THE PURPOSE OF A MEDICAL COMPLIANCE PLAN AND EXPLAIN COMPLIANT METHODS THE ASSISTANT CAN USE TO SAFEGUARD AGAINST LITIGATION

Scope of service

To prevent the submission of erroneous claims or unlawful conduct involving federal programs.

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The Administrative Medical Assistant’s Role in Compliance:

Accurate data entry Accurate documentation Timely filing and storing of records Prompt reporting of errors or instances of fraudulent

conduct

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2.4 STATE THE PURPOSE OF A MEDICAL COMPLIANCE PLAN ANDEXPLAIN COMPLIANT METHODS THE ASSISTANT CAN USE TO SAFEGUARD AGAINST LITIGATION (CONTINUED)

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