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CCMA Exam Review > MA Legal & Ethics > Flashcards

MA Legal & Ethics Flashcards

1
Q

abandonment

A

withdrawing medical care from a patient without providing sufficient notice to the patient

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2
Q

Administrative Law

A

The body of law in the form of decisions, rules, regulations, and orders created by administrative agencies under the direction of the executive branch of the government, used to carry out the duties of such agencies

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3
Q

Administrative Law

A

Under the direction of the executive branch of the government

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4
Q

Affordable Care Act (ACA)

A

Ultimately curb the growth in health care spending in the United States

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5
Q

Americans with Disabilities Act (ADA)

A

Requires an employer to provide accommodations that are necessary to help the employee perform a job successfully, unless these accommodations are unduly burdensome

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6
Q

assault

A

attempt to touch or threaten without the patient’s consent

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7
Q

battery

A

physical contact without patient consent

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8
Q

Breach

A

Infraction or violation of a law, obligation, tie, or standard

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9
Q

Capacity

A

Parties must be legally able to contract (legal age and of sound mind)

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10
Q

civil law

A

issues between citizens rather than crimes

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11
Q

common law

A

traditional laws; based on Constitution

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12
Q

Consideration

A

A benefit of some type for entering into the contract, such as financial reimbursement

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13
Q

Contract

A

A legal agreement between two or more parties (e.g., people, companies)

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14
Q

Controlled Substances Act (CSA)

A

Regulates the manufacture and distribution of controlled substances

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15
Q

defamation of character

A

wrongfully hurting a person’s reputation

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16
Q

defendant

A

an individual, company, or institution being sued or accused

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17
Q

deposition

A

information is gathered by asking questions to all parties involved

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18
Q

durable power of attorney

A

the patient’s representative if the patient can not speak for himself

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19
Q

emancipated minor

A

Person younger than 18 years of age who lives independently, is totally self-supporting, is married, or is in the military and possesses decision-making rights.

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20
Q

Equal Pay Act

A

Mandates the same pay for all people who do substantially equal work

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21
Q

ethics

A

the principles of right and wrong that guide an individual in making decisions

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22
Q

Family and Medical Leave Act (FMLA)

A

Requires certain employers to give time off to employees for familial or medical reasons

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23
Q

fee splitting

A

an agreement to pay a fee to another physician or agency for the referral of patients; this is illegal in some states and is considered to be an unethical medical practice.

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24
Q

fraud

A

A deliberate lie intended to secure an unfair or unlawful gain

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25
Q

Health Insurance Portability and Accountability Act (HIPAA)

A

Sets rules and limits on who can look and receive patients’ private information

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26
Q

Legality

A

Subject matter must be legal

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27
Q

libel

A

written defamation

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28
Q

litigation

A

filing or contesting a lawsuit

29
Q

locum tenens

A

a substitute physician

30
Q

malpractice

A

negligence by a trained professional

31
Q

mutual assent

A

An agreement by all parties to contract; must prove there was an offer and acceptance

32
Q

negligence

A

failure to take reasonable precautions while providing patient care

33
Q

Occupational Safety and Health Administration (OSHA)

A

Providing a safe and healthful workplace for employees by setting and enforcing standards

34
Q

plaintiff

A

the accuser in a lawsuit

35
Q

precedent

A

How similar cases have been decided in the past.

36
Q

res ipsa loquitur (the thing speaks for itself)

A

obvious that the practitioner’s actions or negligence caused the damage / no expert testimony is necessary.

37
Q

res judicata

A

The thing has been decided. A claim cannot be retried between the same parties if it has already been legally resolved.

38
Q

Respondeat Superior

A

Let the master answer an employer is liable for the behavior of an employee working within his or her scope of employment

39
Q

slander

A

spoken defamation

40
Q

stare decisis

A

Let the decision stand; decisions are based on precedents from previous cases

41
Q

The Joint Commission (TJC)

A

Strengthen patient safety and the quality or care, improve risk management and risk reduction

42
Q

Title VII

A

Prohibits an employer with 15 or more employees from discriminating on the basis of race, national origin, gender, or religion

43
Q

tort law

A

Involving an act that brings harm to a person or damage to property due to another person’s wrongdoings.

44
Q

malfeasance

A

doing an unlawful, wrongful act

45
Q

misfeasance

A

lawful action, but in an illegal or improper manner

46
Q

nonfeasance

A

failure to perform a task that one has a legal duty to perform.

47
Q

informed consent

A

clear and voluntary choice has been made. Consequences (risks) have been made clear before agreement.

48
Q

implied consent

A

voluntary agreement with an action proposed by another (rolling up sleeve for blood draw)

49
Q

4 D’s of Negligence

A

duty existed, derelection of duty, misconduct resulted in a direct cause of the injury, damages occurred

50
Q

HITECH Act

A

deals with health information technology safety

51
Q

Office of Civil Rights (OCR)

A

investigates medical privacy violations; can impose fines and imprisonment

52
Q

Controlled Substances Act

A

federal policy that regulated the manufacture of narcotics, depressants, and stimulants. Classifies medications into 5 schedules, or classificaitons, based ont he likeihodd for abuse and fi ther eare any medical benefits provided from the substance.

53
Q

Emergency Medical Treatment and Active Labor Act

A
  1. Any ED that receives $$ from federal health care programs must determine whether a condition is emergent or not and to provide stabilizing treatment. It does not require that treatment be given for nonemergency conditions.
54
Q

ADA of 1990

A

An employer must porivde “reasonable accommodations” that are necessary to help the employee performa job successfull unless these accommodations are unduly burdensome.

55
Q

Heads for the European Radiological Protection Competent Authorities (HERCA)

A

Provides clarity on the regulator’s approcach to the roles of the undertaking and a range of professionals regarding the justification process.

56
Q

Good Samaritan Act

A

Bystanders can help in an emergency without fear that they will be sued of the patient is injured or dies

57
Q

Genetic Information Nondiscrimination Act of 2008 (GINA)

A

regarding health insurance or employment, you can not discrimination against someone based on their genetic information

58
Q

Patient Safety and Quality Improvement Act (PSQIA)

A

Framework for gathering and analyzing information regarding safety - within the confines of progtect helath information laws.

59
Q

Anti-Kick Back Statute (AKBS)

A

Prohibits you from receiving benefits for referrals or business involving federal healthcare programs.

60
Q

No Surprise Act (NSA)

A

Protects the patient from receiving a large bill from an out-of-network provider or facility without prior authorization.

61
Q

subpoena duces tecum

A

must bring requested documents with you to the court when appearing for the summons

62
Q

advance directives

A

written statements of a person’s wishes regarding medical treatment, i.e. living will

63
Q

Do Not Resuscitate (DNR)

A

Legal document that the pt does not want CPR or ACLR if their heart stops

64
Q

durable power of attorney (DPOA or POA)

A

Legal document stating who the patient wants as their agent to make their medical decisions if they are unable to do so themselves

65
Q

Physician Orders for Life-Sustaineing Treatment (POLST)

A

An advance directive that has portablility - it transfers with the patient between facilities. Set of orders that details the patient’s end-of-life care.

66
Q

autonomy

A

the capacity to think and make decisions for yourself

67
Q

justice

A

based on thought: what is consistent and fair to all patients?

68
Q

beneficence

A

a moral obligation to doing the “most good” or what is best for the patient. Consider pain, physical/mental suffering, risk of death, and quality of life

69
Q

nonmaleficence

A

a commitment to “do no harm” to the patient OR to the fewest number of people in society

CCMA Exam Review (6 decks)

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