Mini Exam Healthcare Law Flashcards
(44 cards)
Health Care Law
Legislation and regulation pertaining to delivery of health care and nursing practice.
Constitution (Federal and state):
Establish governments and delineate fundamental rights and obligations of government and individuals. Federal Constitution restrains government more than it confers individual rights. Bill of Rights specifically guarantees several important rights.
Legislation:
The creation of law through the federal or state legislatures. AKA statutory laws.
Administrative Law and Regulations:
Rules that promote and enforce the legislative policy. Regulatory agencies are given the authority via legislation to create and enforce these specific rules. Nurse Practice Act creates the Board of Nursing.
Regulations:
Federal and state administrative agencies create regulations to implement statutes and clarify their ambiguities. Play a particularly critical role in health policy and law.
Litigation:
“The process of filing a lawsuit and seeking the help of the courts to redress a perceived wrong”. The judicial branch is expected to make a decision or establish a rule, creating what is known as case law.
Common or Case Law
Right to die (Karen Ann Quinlan, 1977)
Abortion rights (Roe v Wade)
Federal laws
Social Security Act
EMTALA
ADA
Patient Self-Determination Act (PSDA)
HIPPA
ACA
Nurse Practice Act
In every state, passed by the state legislature
Authority to develop administrative rules or regulations
Establishes the BON
Are publicly reviewed and renewed periodically
State Law
NPA’s include:
Definitions
Authority, power, and composition of the BON
Educational program standards
Standards and scope of nursing practice
Types of titles and licenses (Scope of practice)
Requirements for licensure
Grounds for disciplinary action, other violations and remedies
State Law
NURSE PRACTICE ACT:
Be familiar with New Mexico’s NPA.
One’s nursing care is both directed and measured by the NPA and rules. The standards and scope of nursing practice within a NPA are ALIGNED WITH THE NURSING PROCESS!
Standard of Care
Guidelines that identify what can be expected in terms of nursing care
Determine whether a nurse has performed duties in an appropriate manner
This is what PRUDENCE would do
State laws
Licensing of providers and facilities. Scope of Practice
Public health and disease prevention (DOH)
Good Samaritan laws
Consent
Advanced directives
The Elizabeth Whitefield End-of-Life Options Act
Safe Harbor
Consent
The common-law principle of self-determination essentially guarantees an individual’s right to privacy and protection against the actions of others. Patients have the right to make decisions about their body, especially when an invasive procedure is being performed.
Informed Consent
The obligation of the provider to disclose and explain procedures and treatments, risks and benefits, alternatives to the proposed procedure, to a patient in a language that they understand. Patient must have an opportunity to ask questions and may refuse. Patient must have the competence and capacity to make a decision.
Advanced Directives
Remember you are required by the PSDA to ask every patient about any advanced directives or their wishes for treatment.
Know your state laws and facility processes.
Know the different types of advanced directives and what they mean for you!
Negligence
Is conduct that falls below the standard of care
Can include acts of commission and acts of omission.
Can be held liable for not meeting appropriate standards of care
Malpractice is negligence on the part of the RN
Malpractice
4 Required elements:
1. Owed the patient a duty/standard of care
2. Breached the duty/standard to provide adequate care
3. Caused injury to the patient (causation)
4. Caused an injury that resulted in damages.
WHO IS PRUDENCE?
Know and adhere to government guidelines, accreditation standards, and codes of conduct to be deemed in compliance with them. This may be used as a defense against allegations of wrongdoing in litigation, fraud, or regulatory issues.
Ways to protect yourself!
Nurses notes should be factual, accurate, timely, and reflect compliance with standards of care and quality initiatives.
Know your scope and what you can delegate!
Become a life long learner.
Practice with an attitude of questioning!
Become a listener!
Ways to protect yourself!
KNOW YOUR POLICIES
SAFE HARBOR: COMMUNICATION
PROFESSIONAL LIABILITY INSURANCE
Pitfalls in Practice
These are areas of legal risk for nurses:
Assault
Battery
False imprisonment
Fraud
Theft
Invasion of privacy
Laws have a direct impact on quality of healthcare delivery
True
Healthcare laws are created at which level?
State
Local
Federal
