Flashcards in Quiz Questions: Healthcare Law Deck (26)
The Health Insurance Portability and Accountability Act
HIPPA intended for...
provide individuals with preexisting medical conditions, who might otherwise be denied health care coverage outright, affordable access to health insurance
improper sharing of health information could reveal
existence of health conditions that could result in the denial of individual or employer-sponsored health coverage.
health care agenda item on the Obama presidential campaign.
The Patient Protection and Affordable Care Act
ACA requires every...
American have minimum essential health insurance beginning in 2013.
Medicine was the first ...
profession to have a legally defined scope of practice
patients have a right to be involved in decisions about their health care.
which is the purposeful, unwelcome, harmful touching of another.
individuals who based on their relationship to the patient would be given priority to consent on the patient's behalf
Advance Directives include...
o living wills,
o medical power of attorney for health care decisions, and
o prehospital do not resuscitate orders
the physician-patient relationship is traditionally seen as a special relationship that gives
rise to duty
may be in terms of a fine that is paid if something is done that the law has proscribed
The Tenth Amendment includes.....
the power to license professionals, provide and regulate public education, and provide for public health and safety
the primary federal regulatory agency
U.S. Department of health and human services
The judicial branch is expected to make a decision or establish a rule, creating what is known as
the five issues in theory that lead to understanding health care law
oversight of the QUALITY of health care,
control of the COST of health care,
assurance of EQUALITY access to health care . . . PROTECTION of the person of the patient . . . [and]
the STRUCTURE of business relationships among the institutions and professionals that provide health care
is the basis for quality health care and cost control
ensures equitable access and protection of the patient;
individual states regulate...
licensing, scope of practice, and discipline of nurses
• Health policy
• Health Care economics
• Nurse Practice Act
• Standards of Practice
• Obligation to Report
• Advance directives
Malpractice has Four elements that must be satisfied:
duty, breach, causation, and harm
is the failure to follow the standard of care
Vicarious liability/Employer/Employee Liability
Employer liable for the acts of its employee if the employee was acting as an agent of the employer and the actions resulted in injury within that scope of employment