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98 terms

Healthcare and Law- Final Exam Study Guide

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LHR
Legal health record (LHR): The form of a health record that is the legal business record of the organization and serves as evidence in lawsuits or other legal actions; what constitutes an organization's legal health record varies depending on how the organization defines it
EHR
Legal health record (LHR): The form of a health record that is the legal business record of the organization and serves as evidence in lawsuits or other legal actions; what constitutes an organization's legal health record varies depending on how the organization defines it
EMR
Electronic medical record (EMR): An electronic record of health-related information on an individual that can be
created, gathered, managed, and consulted by authorized clinicians and staff within a single healthcare organization
ePHI
Electronic Protected Health Information (ePHI): Under HIPAA, all individually identifiable information that is created or received electronically by a healthcare provider or any other entity subject to HIPAA requirements
Stare decisis
Latin for "let the decision stand"; a legal doctrine stating that local courts within a court system are bound to follow (apply) the decisions of higher courts in the same court system in order to determine the outcome of a case, as long as the fact pattern of the case in the higher court is similar to that of the current case
Res ipsa loquitur
Latin for "the thing speaks for itself"; an exception to the plaintiff having the burden of proof in which the facts or circumstances accompanying an injury may raise a presumption, or at least permit an inference, of negligence on the part of the defendant or some other individual who is charged with negligence and the burden of proof is shifted to the defendant
Respondeat superior
Latin for "let the master answer"; the doctrine under which a hospital holds itself responsible for the actions of its employees provided those individuals were acting within the scope of their employment or at the hospital's direction at the time of the activity in question
Voir dire
The process through which a jury is selected
Res Judicata
Latin for "a matter already judged"; a legal doctrine that bars litigation between the same parties on matters already determined in a former lawsuit
Privacy Act of 1974
A law that requires federal agencies to safeguard personally identifiable records and provides individuals with certain privacy rights
Freedom of Information Act of 1967
A law covering the right of disclosure to and access by the public regarding federal agency records
Clayton Act
Federal antitrust statute that exempts union activities from antitrust laws and prohibits discriminatory pricing practices, tying arrangements, and mergers and acquisitions that reduce competition
Sherman Act
Federal antitrust statute that exempts union activities from antitrust laws and prohibits discriminatory pricing practices, tying arrangements, and mergers and acquisitions that reduce competition
PSDA
A law that became effective in 1991 requiring healthcare institutions that bill
Medicare or Medicaid for services to provide adult patients with information about the various types of advance
directives
Offer
A communicated promise by a party to a contract to either do or not do something if the other party agrees to do or not do something
Boilerplate
Standard contract provisions
Tolled
Delay, suspend, or hold off effect of a statute
Pro se
In a lawsuit, an individual who represents himself or herself in lieu of having an attorney
Spoliation
In a lawsuit, an individual who represents himself or herself in lieu of having an attorney
Hearsay
A written or oral statement made outside of court that is offered in court as evidence
Subpoena duces tecum
A subpoena instructing the recipient to bring documents and other records to a deposition or to court
Writ of execution
A method of collecting judgment that directs the appropriate law enforcement official to seize the defendant's real or personal property to satisfy the debt owed to the plaintiff
Writ of certiorari
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Subpoena ad testificandum
A subpoena that primarily seeks an individual's testimony
Subpoena
Legal order that commands an individual to give testimony or commands the production, inspection, copying, testing, or sampling of books, documents, electronically stored information, or tangible items
GINA
Genetic Information Nondiscrimination Act of 2008 (GINA): Federal legislation that prohibits discrimination by health insurers and employers based on genetic information
EEOC
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EEOA
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COBRA
Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA): The federal law requiring every hospital that participates in Medicare and has an emergency room to treat any patient in an emergency condition or active labor, whether or not the patient is covered by Medicare and regardless of the patient's ability to pay; COBRA also requires employers to provide continuation benefits to specified workers and families who have been terminated but previously had healthcare insurance benefits
Grievance procedure
The steps employees may follow to seek resolution of disagreements with management on job-related issues
Deemed status
Enables a Joint Commission-accredited healthcare organization to use its accreditation status in lieu of a separate Medicare or Medicaid Conditions of Participation healthcare organization certification process
Economic credentialing
Granting medical staff privileges to a provider based on volume of services rather than quality of care
Court order
A document issued by a judge that compels certain actions, such as testimony or the production of
documents such as health records
FMECA
Failure Mode Effect and Criticality Assessment (FMECA): A methodology for determining the cause of sentinel events
EMTALA
Emergency Medical Treatment and Active Labor Act (EMTALA): A 1986 law enacted as part of the Consolidated Omnibus Reconciliation Act largely to combat "patient-dumping"—transferring, discharging, or refusing to treat indigent emergency department patients because of their inability to pay
SMDA
Emergency Medical Treatment and Active Labor Act (EMTALA): A 1986 law enacted as part of the Consolidated Omnibus Reconciliation Act largely to combat "patient-dumping"—transferring, discharging, or refusing to treat
indigent emergency department patients because of their inability to pay
UHCDA
Emergency Medical Treatment and Active Labor Act (EMTALA): A 1986 law enacted as part of the Consolidated Omnibus Reconciliation Act largely to combat "patient-dumping"—transferring, discharging, or refusing to treat indigent emergency department patients because of their inability to pay
Health Care Quality Improvement Act
Health Care Quality Improvement Act (HCQIA): A 1986 act that requires facilities to report professional review actions on physicians, dentists, and other facility-based practitioners to the National Practitioner Data Bank (NPDB)
NPSG
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NPDB
National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners
DPOA
National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners
DPOA-HCD
National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners
HIPDB
National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners
POA
Power of attorney: A legal instrument used by a principal (person) to grant legal authority to one or more agents to
make certain legal and financial decisions on behalf of the principal
IOM
National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners
Leapfrog group
Leapfrog Group: A voluntary program founded in 2000 that is composed of a consortium of major companies and
other entities that are responsible for purchasing health care coverage for employees; the program encourages the
public to report outcomes and runs a Hospital Rewards program to reward providers for improving quality, safety,
and affordability
Registries
Registry: A database including information about a particular disease or condition; more information is obtained for registries than is required for communicable diseases
Reportable Deaths
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Common Law
Common law: The body of law (that is, judicial or case law) that is created when a court renders a decision as the
result of a dispute
Civil Law
Civil law: Noncriminal law
Public Law
Public law (PubL): The branch of law concerned with the federal, state, or local government and its relationship to
individuals and business organizations; the most familiar form of public law is criminal law
Constitutional Law
Constitutional law: Body of law that deals with the amount and types of power and authority that governments are given
Private Law
Private law: The branch of law concerned with the rules and principles that define rights and duties among people and among private businesses
Case Law
Case law: The body of law that is created when, as the result of a dispute, a court renders a decision
Judicial Law
Judicial law: The body of law created as a result of court (judicial) decisions
Tort
Tort: A civil wrong for which the law provides a remedy in the form of a lawsuit to recover damages
Advance Directive
Advance directive: A legal document that specifies an individual's healthcare wishes in the event that he or she has a temporary or permanent loss of competence
Living Will
Living will: A document executed by a competent adult that expresses that individual's wishes to limit treatment
measures when specific health-related diagnoses or conditions exist
Express Consent
Express consent: Consent that is communicated through words, regardless of whether those words are written or
spoken
Implied Consent
Implied consent: Consent for medical treatment that is communicated through a person's conduct or some other means besides words
Informed Consent
Implied consent: Consent for medical treatment that is communicated through a person's conduct or some means besides words
Minimum necessary
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Circumstantial evidence
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Direct evidence
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Fraud Enforcement and Recovery Act
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Authenticity
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Consistency
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Accuracy
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Timeliness
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Granularity
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Electronic signature
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Digital signature
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Electronic signature
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Digitized signature
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Encrypted signature
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2 factor identification
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Disaster recovery planning
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Privilege status
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Patriot Act
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Duty to warn
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Confidentiality of Alcohol and Drug Abuse Patient Records Regulation
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Coroner
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Medical examiner
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Assault
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Battery
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Libel Slander
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Defamation
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Risk analysis
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Incident reporting
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Sentinel event
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Brainstorming
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Root cause analysis
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Garnishment
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Judgment lien
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Accounting of disclosures
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Audit trail
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No Pub
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