Healthcare Law Flashcards Preview

Exam 3 > Healthcare Law > Flashcards

Flashcards in Healthcare Law Deck (37)
Loading flashcards...
1

Health care law

is the collection of laws that have a direct impact on the delivery of health care or on the relationships among those in the business of health care or between the providers and the recipients of health care.

2

Legislation

is the process of introducing, adopting, changing, or repealing law

3

Regulation

is the process of putting laws into action through the establishment of rules.

4

Litigation

is the process of seeking help through the courts to address a perceived wrong

5

prescriptive law

must be done

6

proscriptive law

must NOT be done

7

healthcare law

the collection of laws that have a direct impact on the delivery of health care or on the relationships among those in the business of health care or between the providers and recipients of health care.

8

processes are interwoven or braided together to continually revise and refine the law

scope of healthcare law: legislation, litigation, regulation

9

federal laws

highest source of law and trump all state or local laws

10

The Tenth Amendment, states

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

11

The Tenth Amendment pertaining to health care means

power to license professionals, provide and regulate public education, and provide for public health and safety

12

judiciary

cases decided by a judge- involving validity of the law in question

13

statutory law

laws that have been enacted by a legislative body

14

precedents

what have courts decided to do in similar situations in the past

15

example of a Major attribute

law or rule that defines the expected behavior of persons in the business of health care or in health care relationships.

16

minor attribute

the law or rule may have a financial or other incentive attached to encourage compliance

17

five major concerns that form the basis for health care law

1) oversight of the quality of health care
2) control of the cost of health care
3) assurance of equitable access to health care
4) Protection of the person of the patient
5) the structuring of business relationships among the institutions and professionals that provide health care

18

tort law

cases of negligence, including malpractice

19

routine admission forms and consent forms

represent a contract

20

criminal penalties

purposeful breaches of protected health info (HIPAA)

21

Property law

protection of persons property

22

state board of nursing regulates nursing practice (5)

Establishing the requirements to obtain a nursing license
Issuing nursing licenses
Determining the scope of practice
Setting minimum education standards
Managing disciplinary procedures

23

details of the practice of nursing are found in

the scope of practice (each state)

24

COBRA

in an emergency situation pt must be stabilized prior to transfer.... also in the event of termination a person may still have group insurance through employer

25

pt self determination act

give pt info regarding advance directives.... advise pt of their right to participate in medical decision... always document.

26

advance directives

medical power of attorney and living will

27

HIPAA

intended to eliminate prejudices of preexisting medical conditions... privacy provisions were also included in the bill

28

Affordable care act

preexisting conditions are able to get affordable insurance... insurance exchanges (accessible/affordable) for small business and individual... elimination of co pays for preventive care

29

ACA most controversial provision

Every american have minimum essential health insurance

30

anti kick back law

prohibiting gifts or compensation for promoting the services of another