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Study sets matching "legal aspects chapter 9"

Legal Aspects Chapter 9
Express Corporate Authority
implied corporate authority
corporate negligence doctrine
ultra vires acts
the power specifically delegated by statute [healthcare corpo…
the right to perform any and all acts necessary to exercise a…
an implied duty on hospitals to patients to select competent…
"beyond the powers" - acts conducted by an organization that…
Express Corporate Authority
the power specifically delegated by statute [healthcare corpo…
implied corporate authority
the right to perform any and all acts necessary to exercise a…
10 terms
Legal Aspects Chapter 9
4 Principle Payment Systems
Medicare Overview
Medicare Part A
Medicare Part B
Employer-sponsored, commercial, Medicare, and Medicaid
65+ , ESRD, Disabled 2 years... Overseen by DHHS... Claims processe…
IP hospital coverage... Financed by tax
Supplementary insurance for physician visits... Funded by benefi…
4 Principle Payment Systems
Employer-sponsored, commercial, Medicare, and Medicaid
Medicare Overview
65+ , ESRD, Disabled 2 years... Overseen by DHHS... Claims processe…
16 terms
Legal Aspects Chapter 9
Spam
Safe Web Act
Internet Service Providers
Internet Service Providers
Unsolicited junk email that floods virtual mailboxes with adv…
This act allows FTC to cooperate and share info with foreign…
The safe web act also provides a safe harbor for who?
Organizations that provide access to the internet
Spam
Unsolicited junk email that floods virtual mailboxes with adv…
Safe Web Act
This act allows FTC to cooperate and share info with foreign…
49 terms
Chapter 9 Legal Aspects of Health Information Management
Assault
Battery
Breech of confidentiality
Burden of proof
An unlawful theat or attempt to do bodily harm to another, su…
Unlawful touching, such as a surgeon performing a procedure o…
Occurs when patient information is disclosed to other(s) who…
"Proving harm" is the responsibility of the individual who in…
Assault
An unlawful theat or attempt to do bodily harm to another, su…
Battery
Unlawful touching, such as a surgeon performing a procedure o…
18 terms
Chapter 9: Legal Aspects of Real Estate Law #2
Title VIII
Civil Rights Act of 1866
Blockbusting
ADA
The Federal Fair Housing Act of 1968
Prohibits property discrimination based on race
Inducing owners to sell because of entry of minorities into n…
American legislation that gives disabled people accommodation…
Title VIII
The Federal Fair Housing Act of 1968
Civil Rights Act of 1866
Prohibits property discrimination based on race
10 terms
Legal aspects of medical office chapter 9
Nexus
Right
Conflict
Slander
A connection
A power, privilege, or immunity guaranteed under a constituti…
Sharp disagreement of interest or ideas.
The utterance of a false charge that damages another's reputa…
Nexus
A connection
Right
A power, privilege, or immunity guaranteed under a constituti…
17 terms
Legal Aspects in Health Care Chapter 9
Vital Statistics
Death Certificate
Autopsy
Coroner
#s collected for the population of live births, deaths, fetal…
Date/Time of Death... Place of Death... Autopsy... If decedant was a f…
Postmortem examination to determine case of death.
Public official who investigates and holds inquests over thos…
Vital Statistics
#s collected for the population of live births, deaths, fetal…
Death Certificate
Date/Time of Death... Place of Death... Autopsy... If decedant was a f…
20 terms
Chapter 9: Legal and Ethical Aspects in Clinical Practice
Ethics
Ethical Dilemma
Voluntary Civil Commitment
Emergency Civil Commitment
Rules, principles, and guidelines that direct conduct
A situation in which one is forced to decide between two acti…
When a patient requests or agrees admission to inpatient trea…
Required when a client poses a threat of danger to self or ot…
Ethics
Rules, principles, and guidelines that direct conduct
Ethical Dilemma
A situation in which one is forced to decide between two acti…
25 terms
Chapter 9 Legal Aspects of Health Information Management
Identify plaintiff and defendant
Is HIPAA federal, state, local law
What is a covered entity under HIPAA
What is PHI and examples
◦Plaintiff(s)... •Individual filing the lawsuit claiming injury…
Federal
◦Providers... ◦Insurance plans... ◦Clearinghouses
Protected health information... E.g. name, address, telephone #s…
Identify plaintiff and defendant
◦Plaintiff(s)... •Individual filing the lawsuit claiming injury…
Is HIPAA federal, state, local law
Federal
10 terms
Legal Aspects Chpt 9
The Patient Self-Determination Act of…
A verbal consent is binding if:... a. Can…
A court order need not be sought in th…
Which of the following situations woul…
d. the patient has an advance directive for health care
a. can be proven or corroborated.
b. false
a. a minor seeking treatment for a suicide attempt
The Patient Self-Determination Act of…
d. the patient has an advance directive for health care
A verbal consent is binding if:... a. Can…
a. can be proven or corroborated.
25 terms
Legal and Ethical Aspects Ch 9
Advanced directives
Confidentiality
De-identified health information
Durable power of attorney
Written instructions recognized under state law that relate t…
The obligation of the healthcare provider to maintain patient…
The information that is stripped of all the identifiers.
A document that allows a competent patient to name someone el…
Advanced directives
Written instructions recognized under state law that relate t…
Confidentiality
The obligation of the healthcare provider to maintain patient…
40 terms
Legal Aspects Chapters 9-12
An agency relationship created by word…
A fact that would prevent a buyer from…
In which way is an agency not terminat…
A statement of fact that is required b…
Implied agency
Material fact
Incapacity of the listing salesperson
Disclosure
An agency relationship created by word…
Implied agency
A fact that would prevent a buyer from…
Material fact
Legal Aspects Chapter 13
consent
express consent
implied consent
every individual has a right to refuse…
the voluntary agreement by a person who possesses sufficient…
can take the form of a verbal agreement, or it can be accompl…
determined by some act or silence, which raises a presumption…
touching of another without consent could be considered battery
consent
the voluntary agreement by a person who possesses sufficient…
express consent
can take the form of a verbal agreement, or it can be accompl…
18 terms
Legal Aspects Chpt.9 Confidentiality & Informed consent
Confidentiality
Informed consent
Freedom of Information Act (FOIA)
Privacy Act of 1974
Refers to the obligation of the health care provider to maint…
The legal doctrine that requires the health-care provider to…
encourages access to government records and mandates disclosu…
Presumes that certain information is confidential and may not…
Confidentiality
Refers to the obligation of the health care provider to maint…
Informed consent
The legal doctrine that requires the health-care provider to…
Legal Aspects Chapter 24
patient protection and affordable care…
Title I. Quality Affordable health car…
Title II. The role of public programs
Title III. improving the quality and e…
-Duel purpose: to increase the number of americans with healt…
puts all individuals, families, and small business owners in…
-extends medicaid... -preserves CHIP (children's insurance plan)…
-protect and preserve Medicare
patient protection and affordable care…
-Duel purpose: to increase the number of americans with healt…
Title I. Quality Affordable health car…
puts all individuals, families, and small business owners in…
Legal Aspects Chapter 14
Most statutory reporting requirements…
abuse in the healthcare setting occurs…
child abuse
The Federal Child Abuse Prevention and…
a person making a report in good faith and under statutory co…
most vulnerable and dependent on others care... (ex. dementia, a…
the intentional serious mental, emotional, sexual, and/or phy…
provides minimum standards that states must incorporate in th…
Most statutory reporting requirements…
a person making a report in good faith and under statutory co…
abuse in the healthcare setting occurs…
most vulnerable and dependent on others care... (ex. dementia, a…
12 terms
Legal Aspects Chapter 14
full warranty
guarantee
warranty
warranty of title
a warranty in which a defective product will be fixed or repl…
often used in place of warranty
another name for guarantee
a warranty that the title being conveyed is good and that the…
full warranty
a warranty in which a defective product will be fixed or repl…
guarantee
often used in place of warranty
Legal Aspects: Chapter 4
tort
Objectives of tort law
preservation of peace
culpabilty
a civil wrong (other than breach of contract) committed in wh…
1. preservation of peace... 2. culpability... 3. deterrence... 4. comp…
provides a substitute for retaliation
to find fault for wrong doing
tort
a civil wrong (other than breach of contract) committed in wh…
Objectives of tort law
1. preservation of peace... 2. culpability... 3. deterrence... 4. comp…
Legal Aspects Chapter 7
contract
express contract
oral contract
written contract
a special kind of voluntary agreement, either written or oral…
one in which the parties have an oral or written agreemnt. Bo…
a type of express contract. a court will not consider oral ne…
a type of express contract. it is preferable to reduce import…
contract
a special kind of voluntary agreement, either written or oral…
express contract
one in which the parties have an oral or written agreemnt. Bo…
Legal Aspects Chapter 20
US departament of Labor
union organizational activity in healt…
on appeal, the US supreme court, on ap…
National Labor Relations Act (NLRA) ak…
a department within the executive branch of government... Funct…
1950s
upheld an NLRB rule allowing hospital workers to form up to e…
congress enacted in July 1935 to govern the labor-management…
US departament of Labor
a department within the executive branch of government... Funct…
union organizational activity in healt…
1950s
Legal Aspects: Chapter 10
Principles of Medical Ethics
Medical Staff Organization
Executive Committee
Bylaw Committee
As a member of this profession, a physician must recognize re…
The medical staff is formally organize with officers, committ…
oversees activities of the medical staff, responsible for rec…
the functioning of the medical staff is described in its byla…
Principles of Medical Ethics
As a member of this profession, a physician must recognize re…
Medical Staff Organization
The medical staff is formally organize with officers, committ…
Legal Aspects: Chapter 15
healthcare organizations are required…
information management
medical record contents
documentation of care
the medical record is the principal means of communications b…
a process intended to facilitate the flow of information with…
pg 360
-record entries accuracy... -nurse's charting... -documentation and…
healthcare organizations are required…
the medical record is the principal means of communications b…
information management
a process intended to facilitate the flow of information with…
27 terms
Legal Aspects Chapter 3
health record
evidence
admissible
hearsay
serves as the legal document of a particular episode of patie…
defined as testimony, writings, material objects, or others,…
evidence that must be decided as pertinent and proper
out of court statements that are offered to prove the truth o…
health record
serves as the legal document of a particular episode of patie…
evidence
defined as testimony, writings, material objects, or others,…
Legal Aspects Chapter 21
employment-at-will doctrine
public policy issues and termination
whistleblower
rest and lunch breaks
provides that employment is at the will of either the employe…
-provides that employees may not be terminated for reasons th…
a person who reports corruption and criminal and unethical bu…
Bonidy v. Vail Valley Ctr. for Aesthetic Dentistry, PC... pursu…
employment-at-will doctrine
provides that employment is at the will of either the employe…
public policy issues and termination
-provides that employees may not be terminated for reasons th…
Legal Aspects: Chapter 2
laws
public law
private law
tort action
rules of conduct enforced by government, which imposes penalt…
deals with relationships between individuals and government
deals with relationships between individuals
one party asserts that the wrongful conduct of another has ca…
laws
rules of conduct enforced by government, which imposes penalt…
public law
deals with relationships between individuals and government
Legal Aspects Chapter 16
Abortion
Roe vs. Wade in 1973
first trimester
second trimester
the premature termination of pregnancy... -when does life begin…
the supreme court gave strength to a women's right to privacy…
during the first trimester, the decision to undergo an aborti…
during approximately the 4th to 6th months of pregnancy the s…
Abortion
the premature termination of pregnancy... -when does life begin…
Roe vs. Wade in 1973
the supreme court gave strength to a women's right to privacy…
Legal Aspects Chapter 6
crime
misdemeanor
a felony
Criminal procedure
any social harm defined and made punishable by law. The objec…
an offense punishable by less than 1 year in jail and/or a fi…
a much more serious crime (rape, murder) and is generally pun…
1. arrest... 2. arraignment... 3. indictment... 4. conference... 5. crimi…
crime
any social harm defined and made punishable by law. The objec…
misdemeanor
an offense punishable by less than 1 year in jail and/or a fi…
Legal Aspects: Chapter 18
pleadings
complaint
summons
demurrer
written statements of fact and law filled with a court by the…
1st plead; identifies parties, states cause of action and inc…
issued by court and served on an individual announcing a lega…
a pleading by the defendant challenging the legal adequacy of…
pleadings
written statements of fact and law filled with a court by the…
complaint
1st plead; identifies parties, states cause of action and inc…
Legal Aspects: Chapter 5
assault
Assualt conditions
battery
(T/F) The receiver of battery needs to…
a deliberate threat coupled with the apparent present ability…
1. person touching unlawfully must possess apparent ability t…
the intentionl touching of another's person in a socially imp…
FALSE- the receiver does NOT have to be aware of it, such as…
assault
a deliberate threat coupled with the apparent present ability…
Assualt conditions
1. person touching unlawfully must possess apparent ability t…
Legal Aspects: Chapter 25
Defensive Medicine
under-treatment
over-treatment
mediation
to prevent the possibility of a lawsuit, which can result in…
avoid high-risk tests or procedures
excessive use of diagnostic tests
a mediated (3rd party) attempts to bring settlement between t…
Defensive Medicine
to prevent the possibility of a lawsuit, which can result in…
under-treatment
avoid high-risk tests or procedures
27 terms
Chapter 14: Legal Aspects of Business
Monopoly
Price Discrimination
False Advertising
Bankruptcy
When only one company provides a product or service without c…
Setting different prices for different customers.
Advertising that is misleading in some important way, includi…
A legal process that allows the selling of assets to pay off…
Monopoly
When only one company provides a product or service without c…
Price Discrimination
Setting different prices for different customers.
41 terms
chapter 3 legal aspects
Evidence
admissible
Hearsay
hearsay rule
What is defined as testimony, writings, material objects, or…
What means the evidence must be both pertinent and proper? (B…
What is defined as out of court statements that are offered t…
What prohibits their admission into evidence, absent an excep…
Evidence
What is defined as testimony, writings, material objects, or…
admissible
What means the evidence must be both pertinent and proper? (B…
42 terms
chapter 2 legal aspects
Jurisdiction
personal jurisdiction
Subject matter jurisdiction
Federal question jurisdiction
What is the authority by which courts and judicial officers m…
What jurisdiction encompasses authority not only over the par…
___________ In federal court is limited by both the U.S Const…
What refers to cases that call into question or involve a U.S…
Jurisdiction
What is the authority by which courts and judicial officers m…
personal jurisdiction
What jurisdiction encompasses authority not only over the par…
65 terms
Legal Aspects Chapter 2
Common Law
Statutory law
Administrative Law
Constitution
Basic foundation & source of our whole legal system, derived…
Written law emulating from a legislative law. State & federal…
Control the administrative operations of the government... *Admi…
Read the first 3 articles
Common Law
Basic foundation & source of our whole legal system, derived…
Statutory law
Written law emulating from a legislative law. State & federal…
64 terms
Legal Aspects of Business Chapters 5-9 Vocabulary
Contract
Offer
Acceptance
Genuine Agreement
A binding agreement between two or more persons that is enfor…
Proposal by one party to another intended to create a legally…
Second party's unqualified willingness to go along with the f…
Valid offer is met by valid acceptance
Contract
A binding agreement between two or more persons that is enfor…
Offer
Proposal by one party to another intended to create a legally…
13 terms
HMT 215 Legal Aspects of Healthcare Administration Chapter 9: Ethical Decision-Making
altruism
applied ethics
beneficence
consequentialism
concern for the welfare of others; an obligation to benefit o…
a subcategory of ethics that uses ethical concepts and princi…
an action that is used to help other people
a decision-making process that uses the outcome to determine…
altruism
concern for the welfare of others; an obligation to benefit o…
applied ethics
a subcategory of ethics that uses ethical concepts and princi…
31 terms
Legal and Ethical Aspects of Health Information Management- Ch 9
Compare and contrast confidentiality a…
What are open record statutes, and whi…
What are privacy statutes, and which f…
When does the physician-patient privil…
Both deal with patient-specific health information. Privacy r…
They are statutes at the state level that apply to records he…
They are statutes at the state level that apply to government…
The privilege applies to the introduction of evidence at tria…
Compare and contrast confidentiality a…
Both deal with patient-specific health information. Privacy r…
What are open record statutes, and whi…
They are statutes at the state level that apply to records he…
32 terms
Ch. 9 Legal Aspects
Bondholder
Dividend
Bond holders
Common Stock
one to whom a debt is owed by a... corporation - a bondholder is…
a distribution of corporate profits to... shareholders.
issuance of bonds offers the... advantage to the corp. of receiv…
Ordinary stock of a corporation... having no special privileges
Bondholder
one to whom a debt is owed by a... corporation - a bondholder is…
Dividend
a distribution of corporate profits to... shareholders.
25 terms
9 CHAPTER (ACQUISITION AND CONVEYANCES): LEGAL ASPECTS OF REAL ESTATE
Deed
Signed
No
Yes
The _______ is the transfer instrument in a voluntary transfe…
A deed that has been executed means it has been _________?
Is legal description required on a deed?
Is legal description required on title insurance ?
Deed
The _______ is the transfer instrument in a voluntary transfe…
Signed
A deed that has been executed means it has been _________?
Legal Aspects Vocabulary #9
Chapter Nine
Ademption
Administrator
Adverse Possession
Acquisitions and Conveyances
The revocation of a specific property grant in a will by disp…
A person appointed by the court to administer the estate of a…
A method to acquire title. It requires Five-Year, Notorious,…
Chapter Nine
Acquisitions and Conveyances
Ademption
The revocation of a specific property grant in a will by disp…
20 terms
ch. 9 legal aspects
express
implied
ultra vires acts
executive committee
authority designated by statute
authority not expressed by written words
acting beyond scope of authority
-liaison between management and full board... -reviews and make…
express
authority designated by statute
implied
authority not expressed by written words
54 terms
legal Aspects Chpt. 9
Federal requirements for the retention…
Missouri statute of limitations for re…
AHIMA recommendations for retention of…
FDA recommendation for the retention o…
5 years after encounter
10 years after last encounter
Til the age of maturity plus the statute of limitations period
10 years
Federal requirements for the retention…
5 years after encounter
Missouri statute of limitations for re…
10 years after last encounter
47 terms
Legal & Ethical Aspects of HIMT - chapters 8 & 9
certificate of destruction
Authentication
legal health record
Record retention
A document that shows what data and records were destroyed, w…
confirms the content of the entry by written signature, initi…
the business record generated at or by the healthcare provide…
policies are the general principles determining the length of…
certificate of destruction
A document that shows what data and records were destroyed, w…
Authentication
confirms the content of the entry by written signature, initi…
Legal Aspects Questions #9
After a deed was signed by the grantor…
Title transfers with a deed at the tim…
The most important factor in the deliv…
After a man's death, a deed giving his…
A. The entire deed became void... (Alteration voided the deed)
A. Delivery
A. The intent of the grantor
B. The church, because the deed was never delivered
After a deed was signed by the grantor…
A. The entire deed became void... (Alteration voided the deed)
Title transfers with a deed at the tim…
A. Delivery
14 terms
Legal Aspects Chapter 11
4 Elements of Negligence
Existence of duty
Breach of duty
Compensable Injury
Existence of duty... Breach of duty... Injury... Legal Causation
Obligation to conform to the standard of care
Deviation from standard of care
Physical, financial, or emotional
4 Elements of Negligence
Existence of duty... Breach of duty... Injury... Legal Causation
Existence of duty
Obligation to conform to the standard of care
65 terms
Chapter 7 Legal Aspects
Most Due Process Requirements of Relev…
Landmark Case
Amendment IV (4)
The Exclusionary Rule*
1)Evidence & Investigation ... 2) Arrest... 3)Interrogation
A precedent setting court decision that produces substantial…
Right of people to be secure in their persons, houses, papers…
Incriminating evidence seized illegally by the police can not…
Most Due Process Requirements of Relev…
1)Evidence & Investigation ... 2) Arrest... 3)Interrogation
Landmark Case
A precedent setting court decision that produces substantial…
13 terms
Chapter 1 Legal Aspects
Analytical School
Codified Law
Command School
Conference Committee
Thinks law is shaped by logic
Federal statutes are usually ordered into code books and this…
School of thought that says law is developed by a ruling part…
Made up of members from both chambers who will try and reconc…
Analytical School
Thinks law is shaped by logic
Codified Law
Federal statutes are usually ordered into code books and this…
41 terms
Legal Aspects Chapter 1
Law
rights, duties, privileges
Liability
US Constitution, statutes, regulations…
Consists of enforceable rules governing relationships among i…
Regardless of how rules are created in our country, they all…
The state of being legally responsible for something, such as…
What are the 4 primary sources of law?
Law
Consists of enforceable rules governing relationships among i…
rights, duties, privileges
Regardless of how rules are created in our country, they all…
27 terms
Legal Aspects Chapter 4
Federal Form of government
Checks and balances
Commerce Clause
Gibbons v. Ogden
A system of government in which the states form a union and t…
The principle under which the powers of the national governme…
The provision in Article I, Section 8 of the US Constitution…
Initially, the commerce clause only allowed the federal gover…
Federal Form of government
A system of government in which the states form a union and t…
Checks and balances
The principle under which the powers of the national governme…
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