Medical Law Acts

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17 terms

Omnibus Budget Reconciliation Act (OBRA)

creates a set of national minimum
set of standards of care and rights for people living in certified nursing facilities.

Omnibus Budget Reconciliation Act (OBRA)

Emphasis on a resident's quality of life as well as the quality of care;
• New expectations that each resident's ability to walk, bathe, and perform other
activities of daily living will be maintained or improved absent medical reasons;
• A resident assessment process leading to development of an individualized care
plan 75 hours of training and testing of paraprofessional staff;
• Rights to remain in the nursing home absent non-payment, dangerous resident
behaviors, or significant changes in a resident's medical condition;

Vulnerable Adults Act.

This unit provides training and consultation about the Minnesota Vulnerable Adults Act. Identifying maltreatment in vulnerable adults can be challenging because the adult may not be able to communicate what happened or may be considered an unreliable witness. For example, an elderly man with dementia has a bruise on his arm. Is the bruise the result of caregiver abuse or did he accidentally bump into the wall?

Good Samaritan Law

Federal and State Good Samaritan Laws exist to protect those who assist victims of an accident or crime and the victims themselves.

Federal Child Abuse Prevention and Treatment Act

is the only federal legislation exclusively dedicated to preventing, assessing,
identifying, and treating child abuse and neglect—the continuum of child maltreatment
services and supports.____________ has been part of the federal government's
effort to help states and communities improve their practices in preventing and treating
child abuse and neglect.

Advance Directives

a set of written instructions that a person gives that specify what actions should be taken for their health, if they are no longer able to make decisions due to illness or incapacity.

Omnibus Budget Reconciliation Act (OBRA)

New opportunities for potential and current residents with mental retardation or
mental illnesses for services inside and outside a nursing home;
• A right to safely maintain or bank personal funds with the nursing home; Rights
to return to the nursing home after a hospital stay or an overnight visit with family
and friends The right to choose a personal physician and to access medical records;
• The right to organize and participate in a resident or family council;
• The right to be free of unnecessary and inappropriate physical and chemical
restraints;

Health Insurance Portability and Accountability Act

protects health insurance coverage for workers and their families when they change or lose their jobs. Title II of _______ known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers.[2]

Good Samaritan Law

A person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable for any civil damages as a result of acts of omissions by that person in rendering the emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. This subdivision does not apply to a person rendering emergency care, advice, or assistance during the course or regular employment, and receiving compensation or expecting to receive compensation for rendering the care, advice, or assistance.

health proxy

an instrument (or document) that allows a patient to appoint an agent to make health care decisions in the event that the primary individual is incapable of executing such decisions.[1]

Omnibus Budget Reconciliation Act (OBRA)

• Uniform certification standards for Medicare and Medicaid homes;
• Prohibitions on turning to family members to pay for Medicare and Medicaid
services; and
• New remedies to be applied to certified nursing homes that fail to meet minimum
federal standards.

Living Will

legal document that a person uses to make known his or her wishes regarding life prolonging medical treatments.

power of attorney (POA)

a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other's. The person authorizing the other to act is the principal, grantor, or donor (of the power).

Good Samaritan Law

A person at the scene of an emergency who knows that another person is exposed to or has suffered grave physical harm shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the exposed person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel. A person who violates this subdivision is guilty of a petty misdemeanor.

Health Insurance Portability and Accountability Act

protects health insurance coverage for workers and their families when they change or lose their jobs. Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers.[2]

health proxy

one authorized to act is the agent or attorney[1] or, in some common law jurisdictions, the attorney-in-fact.

Health Insurance Portability and Accountability Act

This act gives the right to privacy to individuals from age 12 through 18. The provider must have a signed disclosure from the affected before giving out any information on provided health care to anyone, including parents.[3][

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