Term
| Every legal right includes a.... |
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Definition
| DUTY for themselves and others |
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| Legal wrong-doing: remedy |
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Definition
| penalty imposed by the court |
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Definition
| fines and/or imprisonment |
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Definition
| legal, equitable remedies |
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Definition
| money for damages incurred |
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Term
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Definition
| legally enforceable agreement |
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Term
| frustration of performance = |
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Definition
| party excused from duty if it becomes impossible |
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Term
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Definition
| fair value of service, in case of an implied (not written or oral) contract |
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Term
| Typical health care contracts (7) |
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Definition
equipment maintenance
employee benefits
third-party payers
employment contracts
placement agencies
patients (implied)
clin ed |
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Term
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Definition
| injury or wrong other than breach of contract |
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Term
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Definition
| reasonable care for patient is not exercised |
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Definition
| failure to exercise the degree of care which a reasonable person would |
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Term
| Intentional injuries may be prosecuted as... |
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Definition
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Term
| Intentional torts include.. |
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Definition
| additional punitive damages beyond actual losses |
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Term
| Malpractice consists of: (3) |
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Definition
failure to standard of care
actual injury/damage
causal connection between conduct & injury |
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Term
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Definition
legal term;
practice acts that govern professional practices |
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Term
| Employment Discrimination Laws |
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Definition
| prevent employers from bias in their employment decisions |
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Term
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Definition
prohibits discrimination against qualified individual c disability
(**medical exams and inquiries related to disability can be asked during interview ONLY if specific to job requirements**) |
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Term
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Definition
12 weeks of time off available
employer not required to pay salary
employee must be given same job or equivalent position upon return p 12 weeks |
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Term
| FMLA Conditions of Use (3) |
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Definition
birth/adoption of child
child/spouse/parent c serious health condition
employee has serious health condition (incl pregnancy) |
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Term
| Collective Bargaining Laws |
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Definition
| control negotiations between employer and GROUP of employees |
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Term
| Employment Benefits Law: example |
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Definition
ERISA (employee retirement income security act);
protects funds in direct benefit retirement plans |
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Term
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Definition
Employment Discrimination Laws
ADA
FMLA
Collective Bargaining Laws
Employment Benefits Law
Federal Unemployment Insurance
Worker's Comp
Workplace Safety & Health Laws |
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Term
| Federal Unemployment Insurance = |
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Definition
| fed program >> cash benefits for unemployed workers |
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Term
| Worker's Comp: eligible recipients |
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Definition
employees injured because of work;
dependents of employees who die on the job |
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Term
| Worker's Comp: purchased by... |
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Definition
| employers from insurance company |
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Term
| Worker's Comp: PT accounts for ____ of WC costs |
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Definition
| 3-10% total worker's comp costs |
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Term
| Worker's Comp: generally ___ managed |
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Definition
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Term
| Workplace Safety & Health Laws |
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Definition
| prevent personal injuries & illnesses from occurring on the job |
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Term
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Definition
| right ot have personal, identifiable, medical information kept private |
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Term
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Definition
Health Insurance Portability and Accountability Act;
ensures privacy of medical records |
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Term
| HIPAA privacy standards (4) |
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Definition
only patient can have access to record, unless they give written permission for others to view it
providers must clearly display their disclosure practices
providers must have defined punishment for when employees fail to comply
inform pts that their info is disclosed to public health authorities when required by law |
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Term
| Wrongful actions by health care orgs may be prosecuted just like the actions of ____ |
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Definition
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Term
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Definition
| employers are held legally responsible for actions of employees |
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Term
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Definition
| involvement in/affiliation with other orgs that may impact decisions >> legal & ethical issues |
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Term
| T/F: Managers may accept gifts in exchange for influence |
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Definition
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