glossary

Question 1

Accreditation

Answer 1

a voluntary process in which an agency is requested to officially review healthcare institutions, such as hospitals, nursing homes, and educational institutions, to determine compliance

Question 2

Advance directive

Answer 2

the various methods by which a patient has the right to self-determination prior to a medical necessity; includes living wills, healthcare proxies, and durable power of attorney

Question 3

Affirmative defense

Answer 3

allows the defendant (usually physician or hospital) to present evidence that the patient’s condition was the result of factors other than the defendant’s negligence

Question 4

Agent

Answer 4

person authorized to act on behalf of a patient

Question 5

Americans with Disabilities Act (ADA)

Answer 5

prohibits employers who have more than fifteen employees from discriminating against disabled individuals

Question 6

Amniocentesis

Answer 6

a test for the presence of genetic defects in which a needle is used to withdraw a small amount of amniotic fluid that surrounds the fetus in the uterus

Question 7

Anencephalic

Answer 7

missing a brain and spinal cord

Question 8

Arbitration

Answer 8

submitting a dispute for resolution to a person other than a judge

Question 9

Arbitrator

Answer 9

a person chosen to decide a disagreement between two parties

Question 10

Assault

Answer 10

imminent apprehension of bodily harm

Question 11

Bioethics

Answer 11

also called biomedical ethics, the moral dilemmas and issues of advanced medicine and medical research

Question 12

Bonding

Answer 12

a special type of insurance that covers employees who handle financial statements, records, and cash

Question 13

Capitation rate

Answer 13

a fixed monthly fee paid by an HMO to health care providers for providing medical services to patients who are members of that HMO

Question 14

Censure

Answer 14

to find fault with, criticize, or condemn

Question 15

Civil law

Answer 15

relationships between individuals or
between individuals and the government,
which are not criminal

Question 16

Claims-made insurance

Answer 16

liability insurance that
covers the insured party for only the claims
made during the time period the policy is in
effect (or policy year)

Question 17

Class action lawsuit

Answer 17

lawsuit filed by one or more
people on behalf of a larger group of people
who are all affected by the same situation

Question 18

Clearinghouse

Answer 18

a private or public healthcare
entity that facilitates the processing of nonstandard
electronic transactions into HIPAA
transactions (e.g., a billing service)

Question 19

Comparable worth

Answer 19

also known as pay equity, the
theory that extends equal pay requirements to
all persons doing equal work

Question 20

Comparative negligence

Answer 20

defense, similar to contributory
negligence, that the plaintiff’s own
negligence helped cause the injury; not a
complete bar to recovery of damages but
only damages based on the amount of the
plaintiff’s fault

Question 21

Consideration

Answer 21

in contract law, consideration is
something of value given as part of the
agreement

Question 22

Consolidated Omnibus Budget Reconciliation Act
(COBRA)

Answer 22

offers government financing for
health insurance coverage continuation after
an employee has been laid off a job

Question 23

Contributory negligence

Answer 23

conduct on the part of
the plaintiff that is a contributing cause
of injuries; a complete bar to recovery of
damages

Question 24

Corporation

Answer 24

a type of medical practice, as established
by law, which is managed by a board
of directors

Question 25

Creditor

Answer 25

person or institution to whom a debt is owed

Question 26

Deposition

Answer 26

oral testimony that is made before a public officer of the court to be used in a lawsuit

Question 27

Dereliction

Answer 27

neglect, as in neglect of duty

Question 28

Diagnostic related groups (DRGs)

Answer 28

designations used to identify reimbursement per condition in a hospital; used for Medicare patients

Question 29

Doctrine of professional discretion

Answer 29

means that a physician may determine, based on his or her best judgment, if a patient with mental or emotional problems should view the medical record

Question 30

Embezzlement

Answer 30

the illegal appropriation of property, usually money, by a person entrusted with its possession

Question 31

Emergency Medical Treatment and Active Labor Act (EMTALA)

Answer 31

a section of COBRA dealing with patient dumping

Question 32

Equal Credit Opportunity Act

Answer 32

prohibits businesses (including hospitals) from denying or granting credit based on race and gender—unfair treatment referred to as discrimination

Question 33

Expressed contract

Answer 33

an agreement that is entered into orally or in writing

Question 34

Fair Labor Standards Act (FLSA)

Answer 34

establishes the minimum wage, requires payment for overtime work, and sets the maximum hours employees covered by the act may work

Question 35

Family and Medical Leave Act (FMLA)

Answer 35

allows both the mother and the father to take a leave of absence for up to twelve weeks, in any twelve month period, when a baby is born

Question 36

Feasance

Answer 36

doing an act or performing a duty

Question 37

Federal Insurance Contribution Act (FICA)

Answer 37

requires employers to contribute to Social Security for employees

Question 38

Federal Wage Garnishment Law

Answer 38

restricts the amount of the paycheck that can be used to pay off a debt

Question 39

Fee splitting

Answer 39

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

Question 40

Fixed-payment plan

Answer 40

a payment plan for medical bills that offers subscribers (members) complete medical care in return for a fixed monthly fee

Question 41

Garnishment

Answer 41

court order that requires an employer to pay a portion of an employee’s paycheck directly to one of the employee’s creditors until the debt is resolved

Question 42

Gatekeeper

Answer 42

the person, such as a primary care physician, or entity, such as an insurance company, that approves patient referrals to other physicians or services

Question 43

Good Samaritan laws

Answer 43

state laws that help protect healthcare professionals and ordinary citizens from liability while giving emergency care to accident victims

Question 44

Habituation

Answer 44

the development of an emotional dependence on a drug due to repeated use

Question 45

Health Care Quality Improvement Act

Answer 45

provides for peer review of physicians by other physicians and healthcare professionals