Flashcards in Module 4 - all questions Deck (51)
What would 'personal' or 'direct' use be considered?
Also called 'primary' use - transfer of a patient from a hospital to another health facility such as a nursing home; Patient needing to know exact dates when they were in; patient wanting to know their birth time for astrology purposes.
What would 'impersonal' or 'indirect' use to be considered?
Also called 'secondary' use - requests from researchers, employers, insurance companies, accreditation, law enforcement, government agencies, lawyers, etc.
What is another word for 'primary' use?
Personal use or Direct use.
What is another name for 'indirect' use?
Secondary use or Impersonal Use
Health care providers and staff have an ethical obligation to .... what?
Not harm the patient, protect him/her; advocate, uphold and defend the patient's right to privacy and confidentiality of their health information; not to disclose health information unless authorized (legislation/policies); preserve (retain) and protect (secure) and maintain patient health information; not impede patient care by withholding information 'in the name of confidentiality'
What are some reasons personal information may be released:
1. for consistent purpose; 2. valid patient authorization; 3. legislation (coroner's act, FIPPA, etc); 4. Court document (subpoena, court order, warrant, etc); 5. Authorization by the organization
What do you call a temporary administrator appointed by the court when there is a dispute over executor
Administrator Ad Collingenda Bona of the Estate
What is the call-back procedure?
A procedure used to verify authenticity of a requestor for verbal ROI requests. The requestor's name and telephone number is verified by using a telephone book or other valid resource (medical directory); If it is a patient calling, ask for the patient's PHN and mother's maiden name to further aid in the authenticity of the requestor. Upon verification, you can return the call and release the requested information
What do you call a person who was appointed by the court to make personal, medical, legal or financial decisions for someone who is mentally incapable of managing his/her person or property under the Patients Property Act. This supersedes the rights of all relatives. This person stands in the shoes of the incapable adult, having all the rights and powers that the adult would have if capable.
Committee of Person / Committee of Estate
Who may be appointed a committee?
the PGT automatically becomes the committee of the mentally incapable person's estate when a certificate of incapability is issued. The court may also appoint the PGT or another person, to be the committee of a mentally incapable person's estate, person, or both. The court may appoint a trust company to be the committee of a person's estate.
Who manages the personal welfare of an incapable individual?
Committee of Person
Does a committee have the right to view documents and records pertaining to the incapable adult?
Does a committeeship automatically end on the death of the adult?
No, a committeeship ends after the patient passes, and continues until probate, or administration has been granted.
What is a Custodial Parent?
Any parent who has been given custody of a child by the courts. If the child's parents do not live together, then whomever has the primary responsiblity of the child's care is considered to have custody of the child. They may request records. The OTHER parent may request access WITH written consent of the custodial parent.
What is an 'emancipated minor'?
Referring to the freeing of a minor child (through marriage, economic self-sufficiency from control of their parents - involved an entire surrender of the right to the care, custody, and earnings of such child, as well as renunciation of parental duties. An emancipated minor CAN provider consent to their own treatment, and are capable of understanding the risks and responsibilities of having their own information.
What is a general Power of Attorney?
a legal witnessed agreement that appoints a person to manage his/her PROPERTY, FINANCIAL AND LEGAL affairs; automatically ends when the patient dies, becomes bankrupt or mentally incompetent.
When does a Power of Attorney end?
when the patient dies, becomes bankrupt or mentally incompetent.
Can a Power of Attorney or Enduring Power of Attorney access documents belonging to the appointer?
Yes, but a POA can only while the patient is mentally competent; and a EPOA can always, whether patient is mentally competent or incompetent - and neither is not authorized to make medical decisions at any time.
What must a Power of Attorney or Enduring Power of Attorney do in order to view the patient's health records?
To prove their legal authority, they must produce a copy of the agreement along with personal identification.
What is an Enduring Power of Attorney
a document that appoints another person to make FINANCIAL AND/OR PERSONAL DECISIONS for an individual IF they become mentally incompetent due to age, illness or accident. It MUST state that the document WILL continue to be in effect if the appointer is unable to make decisions for themselves.
When does a Power of Attorney or Enduring Power of Attorney end?
Power of Attorney ends when patient dies, becomes bankrupt, or mentally incompetent... an Enduring Power of Attorney gets power of financial and personal decisions once a person becomes mentally incompetent.
Can a POA or EPOA make health decisions?
No, neither can. A representative can be appointed by a person, to make medical decisions on their behalf - Representation Agreement.
What is an Enhanced Information Security Patient/Client
A patient whose health record is deemed necessary to be locked down to a specific group of users and/or subjected to enhanced auditing. Based on relationship to facility (e.g. Physician) or other circumstances (such as VIP, high profile,etc).
What is an Executor?
A person who is appointed under a Last Will and Testament responsible for fulfilling the wishes of the deceased person who made the Will. (Funeral arrangements, collecting the estate, paying any debts).
Can an executor view the deceased person's records?
Privacy Officer must view the request and reasons why the records are requested. As long as requestor is acting in the best interest of the deceased, then can release. Must produce a copy of the first and last page of teh Will (and in some cases a copy of the probate documents), and their own person identification.
What is a Fiduciary (Trustee)?
a trust relationship between 2 individuals... A fiduciary is responsible for managing the assets of another person, or of a group of people. Asset managers, bankers, accountants, executors, board members, and corporate officers can all be considered fiduciaries when entrusted in good faith with the responsibility of managing another party's assets.
What is a guardian?
A person legally appointed custody of both the property and the person of one who is unable to manage their own affairs such as a minor or mentally-disabled person
What is Guardianship?
The responsibility for making major decisions for children about things such as health care, education, or religion; and managing anything the child may own, such as property or money
What do you call a person appointed under a will who is responsible for proving the Will and processing the estate of an invidivual?
What do you call a person who is responsible for managing the assets of another person?
What do you call a person legally appointed custody of a minor or mentally-disabled person?
What do you call a court appointed adult acting as guardian for the purposes of litigation on behalf of a minor or mentally incompetent person?
Guardian Ad Litem (Guardian at Law)
What do you call a minor individual (under 19) who is treated like an adult with the same rights of access to their own personal information?
Can a parent access their child's record if their child is 19 years of age or is an emancipated minor?
No, not without permission of such person
When is a person considered 'mentally incapacitated'?
If she/he cannot understand information and opinions, one's own condition, the meaning of the consent, and the proposed treatment.
List the order or progresion of the Next of Kin
Spouse/Adult Child/Parent, Guardian/Sibling/Anyone related by birth or adoption
What does "No Information Status" mean?
When a patient is designated as a 'no information patient' 1) his/her MEDICAL INFORMATION, CONDITION, LOCATION will not be revealed to anyone other than health care staff. Callers and visitors from the public (incl. family/friends,etc) will be advised 'I have no information to provider on a patient by that name'... unless authorized by the patient.
What is a Notary Public?
A public officer whose function it is to administer oaths; to attest and certify documents
Name 2 types of Personal Representatives.
Parent of a minor child and one who has been appointed by the donor through a written Representation Agreement.
What is a Representation Agreement?
a contract which one can appoint someone as their personal legal representative. They may be given power to make important decisions for teh donor at some point in the future, but during the donor's lifetime. 2 types of Representation Agreements - one with general powers, one with limited powers.
Name the 2 types of Representation Agreements
1. Section 7 - LIMITED or Standard powers - everyday health care and other decisions; routine day-to-day decisions; cannot sell property, or refuse life supporting care and treatment
2. Section 9 - GENERAL or ADDITIONAL powers - includes decisions about health care, personal care, financial affairs, proerty, business and legal affairs. Virtually any type of decisions (including one of life ending decisions in the case of terminal illness).
Can a legally authorized representative sign on behalf of a patient in cases such as death or certified mental incompetence?
Yes, it would be written in the Representation Agreement
Can a legal representative view documents and records with respect to the appointer's health care?
Not automatically.... depends how the agreement is drafted.
What is the difference between an Enduring Power of Attorney and a Representation Agreement?
An Enduring Power of Attorney DOES NOT cover HEALTH CARE OR PERSONAL CARE DECISIONS.
How does a legal representative prove their legal authority?
Produce a copy of the agreement along with personal identification. An agreement with general powers will also include a signed CERTIFICATE OF CONSULTANT by a lawyer or notary public.
What is a Substitute Decision Maker (SDM)?
as defined in the Health Care (Consent) & Care Facility Act - can consent to treatment as outlined in the Act. SDM may be a court appointed Committee of Person, a personal legal representative, or a relative such as spouse, etc.
What is a Temporary Substitute Decision Maker (TSDM)?
an individual who makes health decisions on behalf of someone else under special circumstances. Will have the authority to consent to the recommended treatment or procedure and make any other required health decisions on the adult's behalf FOR A PERIOD OF 21 DAYS. Cannot consent to psychosurgery and organ donations.
What is a Testator?
One who makes a will, or one who dies having made a valid will.
Who is Third-Party?
1st party - patient; 2nd party - caregiver/public body; 3rd party - anyone else other than the 1st or 2nd.
What is 3rd party information?
Information about a third party that if disclosed could reasonably expect to harm the business interests or personal privacy of the third party