Term
| Employment At Will Concept |
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Definition
| Employment takes place at will of either employer or employee |
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Term
| Title VII of Civil Rights Acts (1964) |
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Definition
-Prohibits Discrimination or unfair treatment based on race color religion sex or national origin.
-purpose discrimination in all aspects of patient care and institutions that receive federal financial assistance such as Medicare and Medicaid.
-Makes sexual-harassment a form of unlawful sex discrimination. |
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Term
| Equal Opportunity Act (EEOA) of 1972 |
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Definition
| -Federal court can act on behalf of a class of people or an individual whose rights under title VII have been violated |
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Term
| Pregnancy Discrimination Act of 1978 |
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Definition
-employers must treat pregnant women as they would any other employee, providing pregnancy does not hinder job performance.
- employer cannot force women to quit her job because she is pregnant
-the pregnant women is assured of equal treatment in such areas as: disability, sick leave and health-insurance. |
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Term
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Definition
-includes wrongful discharge suits.
-court can award both compensatory and punitive damages to mistreated employees |
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Term
| Age Discrimination Act of 1967 |
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Definition
-act protects persons 40 and older against discrimination
-applies to employers with 20 more persons working for them.
-Mandatory retirement prohibited except certain exempt executives |
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Term
| Rehabilitation Act of 1973 |
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Definition
| -Prohibits discrimination based on disability in any institution that receives Federal financial assistance. -Includes hospitals or agencies that receive Medicare and Medicaid reimbursement. |
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Term
| Americans with Disabilities Act (ADA) of 1990 |
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Definition
| -- prohibits employers with more than 50 employees from discriminating against individuals disability -- employer must make reasonable accommodation such as lowering phones, installing ramps, making elevated floor numbers accessible to wheelchair bound. -- exception if the accommodation elicits undo hardship for employer. --AIDS patients protected under this statute.. |
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Term
| Occupational Safety and Health Act (OSHA) of 1970 |
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Definition
| -- Employer required by law to provide safe and healthy work environment. --Must protect worker against hazards. -- in 1991, OSHA developed rules to protect healthcare workers from blood borne diseases, these known as OSHA occupational exposure to blood borne pathogen standards. --Standards apply to any employee who has occupational exposure and a reasonable anticipation that the employee's duties will result in skin, mucous membrane, eye, or parenteral contact of blood borne pathogens. -- Standards refers to urine, stool, sputum , nasal secretions, vomitus, and sweat if there is visible evidence of blood. |
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Term
| Health Maintenance Organization (HMO) act of 1973 |
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Definition
| -- requires any company with at least 25 employees to provide an HMO alternative to regular group insurance. |
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Term
| Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 |
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Definition
| -- A company with 20 employees or more must provide extended health care insurance to terminated employees for up to 18 months. |
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Term
| Drug-Free Workplace Act of 1988 |
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Definition
| -- employers contracting to provide goods or services to the federal government must certify they have a drug-free workplace. |
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Term
| Fair Labor Standards Act (FLSA) of 1938 |
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Definition
-- Main statute regulating employee benefits.
-- Establishes minimum wage, requires payment for overtime work and sets minimum hours employees covered by the act may work. |
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Term
| Unemployment Compensation |
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Definition
-- the Social Security act of 1935 was the origin of current unemployment insurance program.
-- provides for temporary weekly payments for unemployed workers who are unable to work through no fault of their own. |
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Term
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Definition
-- amendment to fair labor standards act (FLSA)
-- illegal for employers to discriminate on basis of gender at performing the same job |
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Term
| Federal Insurance Contribution Act (FICA) Of 1938 |
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Definition
-- requires employees to contribute to Social Security plans for their employees
-- requires detailed recordkeeping to document employers pay |
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Term
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Definition
-- protects workers and families from financial problems resulting from employment related injury, disease, or death
-- employers pay into a fund to help cover costs one employee has work-related injury or disease
-- goal of workers compensation is to get employee back to work as soon as possible. |
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Term
| Employee Retirement Income Social Security act (ERISA) of 1974 |
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Definition
| -- regulates employee benefits and pension plans. |
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Term
| Family and Medical Leave Act (FMLA) of 1994 |
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Definition
-- allows mother and father to take leave of absence of up to 12 weeks in any 12 month period when a baby is born.
--job or equivalent position must be available on employee returns to work
-- almost always leave is without pay
-- also allows leave for own or family members medical or family related situation |
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Term
| National Labor Relations Act (NLRA)of 1935 |
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Definition
-- also called the Wagner Act
-- gives employee the right to form and join unions
-- designed to protect employees |
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Term
| Medical Records Must Include |
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Definition
-past history information
-- current diagnosis and treatment
-- correspondence relating to the patient |
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Term
| Purpose of Medical Record |
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Definition
-provides a medical picture and record of the patient from birth to death.
-- is an important document for the continual management of a patient's healthcare |
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Term
| Contents of the Medical Record |
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Definition
| contains personal information about the patient and medical or clinical notes supplied by the physician and other healthcare professionals |
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Term
| Under JCAHO (Medicare)Medical Record Must Contain |
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Definition
1 admitting diagnosis
2 evidence a physician examination, including a health history not more than seven days before admission or 48 hours after admission to a hospital
3 documentation of any complications such as hospital acquired infections or unfavorable medication reactions
4 signed consent forms for all treatments and procedures
5 consultation reports from any other physicians brought in on the case
6 all physicians notes, nurses notes, treatment reports, medication records, radiology and lab reports, and any other info used to monitor patient
7 Discharge summary with follow up care noted |
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Term
| Problem Oriented Medical Record (POMR) |
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Definition
| focuses on the patient's problem and not just the diagnosis |
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Term
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Definition
S-subjective
O-objective
A-assessment
P-plan |
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Term
| Corrections and Alterations |
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Definition
| made by drawing one straight line through the information, writing the correct information and dating and initialing the change. |
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Term
| Timeliness of Documentation |
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Definition
| should be made as they occur soon after. Federal reimbursement guidelines mandate that all medical records should be completed within 30 days following patient discharge from hospital |
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Term
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Definition
| if a complete medical record may cause malpractice. |
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Term
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Definition
--medical records are owned by or property of the healthcare facility
-- patients have right to access their records
-- an original copy should never be sent, a photocopy should be sent (with x-rays of the original may be sent, but must be returned) |
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Term
| Doctrine of Professional Discretion |
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Definition
| -physician may determine based on their judgment, if the patient has mental or emotional problems should you the medical record |
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Term
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Definition
--record should not be released to the patient without physicians permission
-- it is recommended that the patient request to view the chart or medical record they do so in the presence of their physician |
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Term
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Definition
-- limits the use of their medical information by federal government
-- under this law the agency may maintain only the information that is relevant to its authorized purpose |
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Term
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Definition
-- some states have freedom of information laws that grant the public access to records maintained by state agencies (these are known as open record laws)
-- health records do not follow under this jurisdiction unless the benefit of public interest of disclosure outweighs the patient's right to privacy. |
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Term
| Alcohol and Drug Abuse Patient Records |
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Definition
--Public Health Services Act protects patients who are receiving treatment for drug and alcohol abuse.
-- an exception to this law is disclosure is allowed the patient requires emergency care. |
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Term
| Retention and Storage of Medical Records |
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Definition
legally all medical record should be stored for 10 years from the time of last entries
-- for x-ray it is seven years, or 21 for minors, per minute if the individual has a mammogram
-- records of current patients are usually kept within the physician's office. |
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Term
| Computerized Medical Records |
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Definition
| -should always be accessed on a need to know basis and should require a user code and password |
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Term
| Duty to Report AIDS, HIV, and a RC Cases |
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Definition
| all states require health care providers to report cases of AIDS to local or state departments |
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Term
| Use of Medical Record in Court |
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Definition
-- healthcare providers and institutions may face civil and criminal liability for improper release of medical records
Subpoena Duces Tecum-- written order requiring a person to appear in court, give testimony and bring any items listed in the subpoena |
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