Health Law & Ethics Ch. 11

Physician
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Terms in this set (14)
Physician
who owns a patient's medical records, but can not withhold these records?
Juridical Entity
person or legal entity
Exceptions to HIPAA
Treatment-docs can talk to other docs about patient cases
Operations-accountant reviewing medical records of a physician practice
Payment-insurance company can know about patient records in order to transact payment
Business Associate Agreement
agreement signed by a person who does various tasks for a Healthcare provider and the provider. makes this entity just as liable as the provider for breech of records
Attorney Client Privilege
right of individual to have discussions with his/her attorney kept private and confidential
Security provisions
refer to the protective measures put in place to enforce policy regarding confidential info
HIPAA
The Health Insurance Portability and Accountability Act, a federal law protecting the privacy of patient-specific health care information and providing the patient with control over how this information is used and distributed.
Patient consent
based on the principle of autonomy, which holds, in the medical setting, that adults are allowed to decide for themselves the care they feel is appropriate
Self determination
the power to make decisions about one's own person
Informed consent
consent by a patient to undergo a medical or surgical treatment or to participate in an experiment after the patient understands the risks involved
Subjective StandardsWhether or not the act seemed reasonable to the actor at the time. Solely rely's on the individual's testimonyObjective StandardsWhether or not the average person on the street would do the same thingImplied consentthe assumption that in an emergency a patient who cannot give permission for medical care would give it if he or she couldExculpatory Agreementa part of a contract that releases one of the parties from liability for their wrongdoings; NOT useful in the law