Shared Flashcard Set

Details

Legal Aspects of Healthcare
End of Semester
159
Health Care
Undergraduate 2
12/01/2012

Additional Health Care Flashcards

 


 

Cards

Term
Medicare's Conditions of Participation for hospitals require patient health records be retained for at least _______ years unless a longer period is required by state or local laws.
Definition
Five years
Term
Kyle, the HIM director, has received a request from a pt to modify/correct the pt's health record. The appropriate action for him to take is:
Definition
Route the request to the physician who wrote the note in question.
Term
Unless state or federal laws require longer time periods, AHIMA recommends patient health information for minors be retained for at least how long?
Definition
Age of majority plus statute of limitations.
Term
A pharmacist misreads a prescription and fills it with the wrong drug. The cashier accepts payment for the drug and the consumer leaves. The consumer, who had been filling the same prescription for the past two years, consumes the drug and suffers injuries. Who is responsible for the consumer's injuries?
Definition
The pharmacist
Term
A major consideration in a hospital/facility closure is to
Definition
Assure that authorized parties have access to the information as provided by law.
Term
The Patient Self-Determination Act of 1990 requires the health record indicate if
Definition
The patient has an advance directive for heatlh care
Term
A verbal consent is binding if it
Definition
Can be proven or corroborated
Term
A court order need not be sought in those cases in which refusal of treatment poses a serious threat to the patient's ehalth, especially in the case of minors. true/false
Definition
False
Term
Which of the following situations would not allow a minor to consent to treatment and refuse disclosure of information?
* a minor seeking treatment for a suicide attempt
* A minor seeking treatment for sexually transmitted disease
* A minor seeking treatment for ETOH and substance abuse
* An emancipated minor seeking treatment for breast enlargement
Definition
A minor seeking treatment for a suicide attempt
Term
All of the following should be part of informed consent for a procedure EXCEPT:
*Reasonable forseeable risks of performing the procedure
* Complications or side effects
* Anticipated results if the procedure is not performed
* Cost of the procedure
Definition
Cost of the procedure
Term
If there is no one available to consent to non-emergency treatment for an incompetent patient, the hospital should
Definition
Obtain a court order for treatment or seek next of kin
Term
The patient, age 17, is to have a craniotomy. he is the son of divorced parents, has been adopted by his grandmother, and is married. Who should sign the operative consent?
Definition
Patient
Term
Who is legally responsible for obtaining the patient's consent for surgery?
Definition
Surgeon performing the surgery
Term
Photographs, videotapes, and other images should be clearly identified with
Definition
Patient's name, date, and identification number
Term
When representatives from the news, media or law enforcement agencies ask to photograph a patient, permission may be given if which of the conditions have been met
* the patient's physician does not feel it would be detrimental to the pt
* the patient or his/her legal representative signs a written authorization agreeing to the photography
* no state laws to the contrary exist
* all of the above
Definition
All of the above
Term
What law(s) allows for patients to amend information?
Definition
Both HIPAA and the Privacy Act of 1974
Term
Internal use of patient information for patient care purposes should be granted
Definition
On a need to know basis
Term
A gentleman walks into the HIM department asking to have his history of smoking removed from his H&P. He claims this information is erroneous and has created a problem with his work-related accident claim. He insists this be corrected immediately. The patient has already contacted the attending physician who refused to do anything about the situation. There is no visit history after the admission in question. You should:
Definition
Include as part of the record any correspondence the patient may write explaining he disagrees with the smoking history. This will be flagged to be included as part of the history whenever the record is subsequently released; however, there is no guarantee this inclusion will affect the current situation
Term
James is writing the notice of privacy practices required by HIPAA. He writes the hospital will use PHI to report infectious diseases to public health officials. Why can he write this?
Definition
it is an example of how PHI will be used for healthcare operations
Term
Which of the following is not a time when you can share what you know?
* A nurse speaking with the physician in the patient's room
* Staff members discussing patient's in the elevator.
*The admission clerk verifying over thephone the patient is in the house
* The hospital operator paging code blue in room 3 north
Definition
Staff members discussing patients in the elevator
Term
Today is January 30, 2010. Barbara has received a written authorization from an attorney for the health records on John Marshall. The dates of service requested by the authorization are the admission of January 2,2010 through January 8, 2010. The authorization is dated January 3, 2010. Which of the followin is the appropriate response?
* Release the health records as requested
* Return the authorization and request one dated on or after January 8, 2010
* Ask the supervisor to process the request
* None of the above
Definition
Release the health record as requested
Term
Telephone requests for release of information are best accepted only if:
Definition
The patient is under urgent or emergency treatment
Term
Which of the following is not a component of an acceptable authorization for release of health information?
* Patient's date of birth
* Attending physician's signature
* Individual to receive the information
* The patient or legal representative signature
Definition
Attending physicians signature
Term
An attorney, with proper authorization from a patient, obtains a copy of the patient's health record. The attorney then releases a copy of the record to a second attorney. This practice is called:
Definition
Redisclosure
Term
Release of information in response to appropriate telephone requests should be made only after:
Definition
The caller's identity is verified
Term
As a general rule, a person making a report in good faith and under statutory command, e.g. child abuse, communicable diseases, births, deaths, is
Definition
Protected
Term
Ron has asked for an accounting of disclosures of his health record. He seems surprised not to see his physician, Dr. Emory, on it. What do you tell him?
Definition
Disclosures used for treatment are not recorded
Term
Mandatory reporting requirements for vital statistics generally
Definition
Do not require authorization by the patient
Term
Brad Thomas is a former patient at St. John's Hospital. He came to the HIM department today and asked for a list of people who have requested his medical record over the past 10 years. He also wants to know what was released. Which isthe appropriate response to Brad's request?
Definition
Give him the information on records released since the HIPAA privacy rule was implemented, not to exceed six years
Term
When a patient expires, who has the right to give authorization for release of information of the hospital health record?
Definition
The executor of the patient's estate
Term
Sandra asks the Ashville General Hospital for a list of disclosed PHI. According to HIPAA, which of the following is included in the list she receives?
* Information released for preadmission approval by insurance company
* Lab receiving blood for testing
* Reporting gunshot wound to authorities
* Information releaed to the patient
Definition
Lab receiving blood for testing
Term
The IRB has approved Dr. Grant's research with the stipulation that only a limited data set is provided. Which of the following would be a violation of the requirement to remove identifiers?
* Street address
* Discharge disposition
* Admission year
* Diagnosis
Definition
Street address
Term
What constitutes wrongful disclosure?
* Allowing use of email addresses for marketing health care products
* Attending physician obtaining lab report to monitor patient digoxin levels
* Allowing a consulting physician to view patient information
* Sending death information to state office of vital statistics
Definition
Allowing use of email addresses for marketing health care products
Term
Due to the sensitive nature of the following information, it should not be transmitted by fax
Definition
None of the above should be transmitted by fax
Term
HIPAA allows for the use of PHI in research without individual authorization if
Definition
It is a limited data set
Term
The Confidentiality of Alcohol and Drug Abuse Patient Records rule includes all of the following EXCEPT:
* Identity of patient
* Diagnosis of patient
* Treatment of patient
* Payment of bill
Definition
Payment of bill
Term
When releasing health information with a written patient authorization conforming to federal rules concerning confidentiality of ETOH and drug abuse treatment records you should
Definition
Release only information applicable to the purpose of disclosure and include a written statement warning against redisclosure
Term
Written authorization from the pt is required for which of the following in order to learn a patient's HIV status.
Definition
Insurance companies
Term
If a patient has a primary Dx of alcoholism, which of the following information items may be released with his authorization?
* His admission and discharge dates only
* His name only
* His name, address, age, sex, and attending physician
* No information, including the fact he was treated at the facility.
Definition
No information, including the fact he was treated at the facility
Term
Federal confidentiality rules, 42 CFR Part 2, prohibit redisclosure EXCEPT
* To medical personnel to address a genuine medical emergency
* If authorized by an appropriate court order
* Expressy permitted by the written consent of the person to whom it pertains
* All of the above
Definition
All of the above
Term
Authorization is an agreement from the patient to use or disclose patient-specific information to carry out treatment, payment and health care operations. true/false
Definition
False
Term
Consent is permission for specific disclosures not otherwise authorized bylaw. true/false
Definition
False
Term
Repositories of personal health records (PHRs) in electronic form operated by governmental or commercial entities who serve as trusted custodians of the data
Definition
Health Record Banks
Term
Dictate that the patient be notified of the uses of their record and be given the opportunity to consent, reject, or request restrictions of this information for any or all of the many uses the health record serves
Definition
Notice of Information Practices
Term
De-identified data are repositories of personal health records (PHRs) in electronic form operated by governmental or commercial entities who serve as trusted custodians of the data
Definition
False
Term
A ________ is a written consent form that permits the dissemination of confidential health information to third parties
Definition
Release of Information
Term
A statement placing the recipient on notice that the information received may be used for the stated purpose and stating that the information should be destroyed after the stated purpose is fulfilled
Definition
Re-disclosure notice
Term
A collection of a patient's important health information that is actively maintained and updated in paper or electronic form.
Definition
Personal Health Record
Term
A Release of Information is a written consent form that permits the dissemination of confidential health information to third parties
Definition
True
Term
________ dictate that the patient be notified of the uses of their record and be given opportunity to consent, reject, or request restrictions of this information for any or all of the many uses the health record serves.
Definition
Notice of Information Practices
Term
Patient Identification
Definition
Federal regulations restrict identification of a patient who is in a facility publicly identified as providing substance abuse treatment. Written consent of thepatient or a court order is required for disclosure.
Term
Patient Notice
Definition
Patients must be given notice of federal confidentiality requirements upon admission to a substance abuse treatment program or soon thereafter
Term
Specialized Patient Record
Definition
Health records of patients undergoing treatment for certain illnesses, such as substance abuse or mental illness, or in non-acute care settings, such as the patient's home. These records are subject to different legal requirements from those in an acute care setting.
Term
Treatment Program
Definition
Entities whose sole purpose is to provide alcohol or drug abuse diagnosis and treatment.
Term
Anonymous Testing
Definition
A system that assigns a unique identifier to the individual tested, therby protecting his or her identity.
Term
A record, separate from the official medical record, maintained by the clinician in the mental health or developmental disability context that gives the clinician's viewpoint of the patient and their communication.
Definition
Personal record
Term
Entities whose sole purpose is to provide alcohol or drug abuse diagnosis and treatment is referred to as a treatment program
Definition
True
Term
Patient's must be given notice of federal confidentiality requirements upon admission to a substance abuse treatment program or soon thereafter
Definition
Patient notice
Term
Health records of patients undergoing treatment for certain illnesses, such as substance abuse, or mental illness, or non-acute care settings such as patients home is referred to as specialized patient record.
Definition
True
Term
Entities whose sole purpose is to provide alcohol or drug abuse diagnosis and treatment
Definition
Treatment program
Term
Health records of patients undergoing treatment for certain illnesses, such as substance abuse, or mental illness, or non acute care settings such as patient's home
Definition
Specialized patient record
Term
Health records of patient's undergoing treatment for certain illnesses, including substance abuse and mental illness, in non-acute care settings, are referred to as ________ patient records.
Definition
Specialized
Term
Federal regulations restrict identification of a patient who is in a facility publicly identified as providing substance abuse treatment is called patient identification.
Definition
True
Term
Health information may be disclosed to third parties through a ______ with patient authorization.
Definition
Disclosure
Term
________ is covered by state statutes that protect peer review deliberations and records from subpoenas, discovery, or introduction into evidence.
Definition
Peer review privilege
Term
Discovery is pertinent and proper. true/false
Definition
False
Term
An incident report is documentation of an adverse incident. true/false
Definition
True
Term
Admissible
Definition
Pertinent and proper evidence. Rules of evidence determine if evidence is pertinent and proper. For example, in the context of medical records, the applicable rule of evidence is the hearsay rule.
Term
Discovery
Definition
A means for providing a party, in advance of trial, with access to facts that are within theknowledge of the other side, to enable the party to better try his or her case. Examples include depositions, written interrogatories, production of documents or things, physical and mental examinations, and requests for admission.
Term
Confidentiality
Definition
The oblication of the health-care provider to maintain patient information in a manner that will not permit dissemination beyond the health-care provider. The origin of confidentiality is found in the Hippocratic Oath.
Term
Attorney-client privilege
Definition
The legal protection of communications between a client and his or her attorney, made in confidence for thepurpose of obtaining legal advice.
Term
Incident report
Definition
The documentation of an adverse incident, whether done on a paper form or through a computerized database with access controls. It describes the incident itself, inclouding the time, date, and place of occurrence, along with the condition of the subject of the incident, statements or observations of witnesses, and any responsive action taken.
Term
_______ is timely and complete, meaning that all entries in the record are authored and autenticated and reflect the total care actually rendered to the patient.
Definition
Proper documentation
Term
_________ refers to the function of analyzing and evaluating all of the risks that confront an organization, not just the legal, financial, and medical risks that are traditionally considered.
Definition
Enterprise risk management
Term
State statutes that protect peer review deliberations and records form subpoenas, discovery, or introduction into evidence.
Definition
Peer review privilege
Term
An improvement technique that examines patterns of activity to define optimum performance and determine how to achieve that performance is called proper documentation. true/false
Definition
False
Term
An improvement technique that examines patters of activity to define optimum performance and determine how to achieve that performance is called:
Definition
Quality management
Term
Risk management refers to the function of analyzing and evaluating all of the risks that confront an organization, not just the legal, financial, and medical risks that are traditionally considered. true/false
Definition
False
Term
Prohibit abusing the system by referring patients to their own services.
Definition
Physician self-referral prohibitions
Term
__________ involves submitting a bill for a higher level of reimbursement than actually rendered in order to receive a higher reimbursement rate.
Definition
Upcoding
Term
Involves submitting a bill for a higher level of reimbrusement than actually rendered in order to receive a higher reimbursement rate.
Definition
Upcoding
Term
___________ actions allow private plaintiffs to sue on behalf of the US government and receive a portion of the recovered funds if successful.
Definition
Qui tam
Term
Physician self-referral prohibitions refers to physicians abusing the system by referring patients to their own services. true/false
Definition
True
Term
Fraud and abuse
Definition
A false misrepresentation of fact that is relied on by another to that person's detriment and is a departure from reasonable use. This false misrepresentation of fact may take the form of words or conduct.
Term
Upcoding
Definition
Submitting a bill for a higher level of reimbrusement than actually rendered in order to receive a higher reimbursement.
Term
Unbundling
Definition
Submitting separate bills for each component of a procedure instead of using theproper procedural code for the entire procedure, resulting in a higher reimbursementrate to the health-care provider
Term
Qui tam actions
Definition
Lawsuits that allow private plaintiffs to sue on behalf of the US government and receive a portion of the recovered funds if successful
Term
Whistle-blowers
Definition
Generally, a current or former employee of a health-care provider or organization who has learned of fraud and abuse and wishes to expose the activity.
Term
Fraud and abuse allow private plaintiffs to sue on behalf of the US government and receive a portion of the recovered funds if successful. true/false
Definition
False
Term
__________ statues prohibit the use of the US Postal Service or commercial wire services for the advancement of a scheme relating to fraud.
Definition
Mail and wire fraud
Term
These statutes proibit the use of the US Postal Service or commercial wire services for the advancement of a scheme relating to fraud.
Definition
Mail and wire fraud statutes
Term
Physician _____________ prohibitions refer to physicians abusing the system by referring patients to their own services.
Definition
Self-referral
Term
Disclosures That Do Not Require Tracking
Definition

1.  Disclosures made for treatment, payment, and healthcare operations purposes.

2.  Disclosures made to the individual.

3.  Disclosures made for directory purposes.

4.  Disclosures made to person involved in the individual's care.

5.  Disclosures made for national security or intelligence purposes.

6.  Disclosures to correctional institutions or law enforcement officials.

7.  Disclosure made priror to the date of compliance with the privacy standards.

Term
Required Content of the Accounting (disclosure)
Definition

* Date of disclosure

* Name and address, if known, of the entity or person who received the PHI

* Brief description of the PHI disclosed

* Brief statement of purpose that reasonably informs the individual of the purpose or a copy of the authorization or a copy of the written request for disclosure

* If multiple disclosures are made to the same entity or person for the same reason, it is not necessary to document items 1-4 for each disclosure.  The covered entity may document instead the first disclosure, the frequency or number of disclosures made during the accounting period, and the date of the last disclosure for the accounting period.  

Term
Upon request, the entity must provide the individual with a written accounting of disclosures for the ______ years prior to the date of the request.  The time period requested can be less than six years.
Definition
Six
Term
A document that shows what data and records were destroyed, who destroyed those data and records, and the method used for that destruction.
Definition
Certificate of destruction
Term
Record retention schedules are the general principles determing the length of time health data, and the health records in which those data are stored, must be maintained by the health-care provider. true/false
Definition
False
Term
Patient-specific information is an abstract of health information that is always contained in an electronic health record. true/false
Definition
False
Term
_________ identifies the health care provider who has made the entry in writing or by dictation, keyboard, or keyless data entry.
Definition
Authorship
Term
_________ policies are the general principles determing the lenth of time health data, and the health records in which those data are stored, must be maintained by the health-care provider.
Definition
Record retention
Term
Legal doctrine that requires healthcare providers to disclose information to the patient about treatment options and risks so that the patient may knowledgeably consent to treatment.
Definition
Informed consent
Term
Health record content
Definition
The characteristics essential to constitute an adequate health record.
Term
Open record statues is a statutory provision that addresses confidentiality requirements using a presumption of disclosure of information upon request, absent statutory exemption. true/false
Definition
True
Term
Health record
Definition
A document that contains a complete and accurate description of a patient's history, condition, diagnostic and therapeutic treatment, and the results of treatment.
Term
Hybrid record
Definition
health records that are based partially in paper form and partially in electronic form
Term
Draw a single line through the entry and write "error" next to it, along with the date, time and initials of the person who made the error. You do this when:
Definition
Corrections to the record
Term
The __________ is a document that details what data will be retained, the retention period, and the manner in which the data will be stored.
Definition
Record retention schedule
Term
___________ to the record involve drawing a single line through the entry and writing "error" next to it, along with the date, time and initials of the person who made the error.
Definition
Corrections
Term
A document that contains a complete and accurate description of a patient's history, condition, diagnostic and therapeutic treatment, and the results of treatment.
Definition
Health record
Term
De-identified health information refers to data with all identifiers removed so that no one can reasonable identify the patient based on what remains. true/false
Definition
True
Term
The right to be left alone or the right to control personal information.
Definition
Privacy
Term
Informed consent is the obligation of the health care provider to maintain patient information in a manner that will not permit dissemination beyond the health care provider. true/false
Definition
False
Term
Standards of conduct issued by professional organizations to guide their members' future course of action, are called ethical guidelines. true/false
Definition
True
Term
A living will allows a competent individual to name someone else to exercise decisions on his or her behalf in the event the individual becomes incapacitated or unable to make personal decisions. true/false
Definition
False
Term
____________ is the obligation of the health care provider to maintain patient information in a manner that will not permit dissemination beyond the health care provider.
Definition
Confidentiality
Term
Advance directives
Definition
Written instructions recognized under state law, such as living wills or durable powers of attorney for health care, that relate to the kind of health care the patient wishes to have or not have if he or she becomes incapacitated.
Term
confidentiality
Definition
The obligation of the health-care provider to maintain patient information in a manner that will not permit dissemination beyond the health-care provider. The origin of confidentiality is found in the Hippocratic Oath
Term
De-identified health information
Definition
Health information that is stripped of all identifiers.
Term
Durable power of attorney
Definition
Allows a competent individual to name someone else to exercise health-care related decisions on his or her behalf, in the event hte individual becomes incapacitated or unable to make personal decisions. This term is sometimes referred to in a shorten fashion as druable power of attorney.
Term
Ethical guidelines
Definition
Standards of conduct issued by professional organizations to guide their member's future course of action. These standards are sometimes used to establish the standard of care in a negligence action.
Term
__________ is a statutory provision that addresses confidentiality requirements using a presumption of disclosure of information upon request, absent statutory exemption.
Definition
Open record statutes.
Term
Consent
Definition
the voluntary agreement by a mentally competent person to allow something proposed by another to be performed on him/herself.
Term
Three types of conset
Definition
express content, implied content, informed consent
Term
Express consent
Definition
can be either verbal or written. because a verbal consent may be difficult to corroborate in a lawsuit, the best practice is to obtain a patient's consent in writing.
Term
Implied consent
Definition
consent assumed in emergency situations that threaten life or limb.
Term
Informed consent
Definition
Written consent from the patient after he/she has been adequately informed about the proposed procedure.
Term
Recommended content of informed consent
Definition
* The nature and purpose of the proposed procedure.
* The risks and benefits of the proposed procedure
* Any reasonable alternatives to the proposed procedure
* Any risks of refusing the proposed procedure
Term
_________ standards address evidence of informed consent in the patient's health records.
Definition
The Joint Commission
Term
General consent
Definition
Documented upon admission to services
Term
Special consent
Definition
used for unusual or infrequent procedures and can be multiple pages and complicated to read. used for research and human experimentation, photos and videos, autopsy, and anatomical gifts
Term
"The right to privacy is a personal and fundamental right protected by the Constitution of the United States" is found in
Definition
The Privacy Act of 1974
Term
The Privacy Act of 1974 was enacted to protect the privacy of individuals identified in information systems maintained by...
Definition
federal agencies, such as the VA and Indian Health Services.
Term
The Uniform Health Care Information Act of 1985 was enacted to...
Definition
bring uniformity to state law. prohibits distribution of patient information to third parties wo the pt's authorization. does provide for pts to have access to their health information and to request correction or amendment to that information. Was not successful in its purpose of standardization. HIPAA has subsequently stepped in.
Term
HIPAA
Definition
establishes that covered entitites must have established patient rights policies; when and how a pt should be fully informed of these rights; and ensure the pt understands these rights. This requirement is met with the Notice of Privacy Practices (a.k.a Notice of Information Practices).
Term
Notice of Privacy Practices (NPP)
Definition
A CE notifies the pt of uses and disclosurs of health information that may be made and the pt's right to consent, reject, or request restrictions of the health information for any and all of the many uses the record serves.
Term
Upon receiving a completed request for amendment form from a patient, the maximum time period to respond per HIPAA is:
Definition
Within 60 days of receipt with an option of a one-time extension of up to 30 days.
Term
Examples of 3rd party access are:
Definition
worker's comp, durable power of attorney, need to know, accreditation agency surveyors, licensing agencies, certain research activities, mandatory reporting requirements, organ and tissue transplant services.
Term
Minor are considered "incompetent" except in cases of
Definition
emancipation, treatment for certain conditions (STDs, pregnancy, substance abuse).
Term
There are _____ required elements for an authorization to disclose patient health information.
Definition
16
Term
Common defects of an Invalid ROI form
Definition
* The expiration date has passed, or the expiration event is known by the health-care provicer to have occurred
* Authorization has not been filled out completely with respect to a core element.
* Authorization is known by the health-care provicer to have been revoked
* Auhorization lacks a core element
* Aurhotization contains a compound authorization violation
* Any material information contained in the authorization is known by the health-care provider to be false.
Term
Except where a consent or authorization clearly ibdicates otherwise, disclosures of information made pursuant to a valid authorization will be for information orginated _________ the authorization was signed.
Definition
on or before. ( in other words, an individual cannot sign an authorization on 10/6/11 to release information dated November 1, 2011. An individual cannot authorize release of information that has not occurred yet)
Term
Except as otherwise required by federal or state law or regulation, or specified int he authorization itself, an authorization will expire no later than _______ months after it is signed.
Definition
6 months.
Term
Minimum necessary standard
Definition
The standard requires the helath-care provider to make reasonable efforts to limit the patient-specific health information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request.
Term
When research is performed w/o an individual's authorization, the CE must obtain one of these four things:
Definition
* IRB approval
* Representations from the researcher that the use or disclosure of the PHI is solely to prepare a research protocol for similar purposes preparatory to research
* Representations from the researcher that use or disclosure is solely for reasearch on teh PHI of decedents
* Limited data set use agreement entered into by both the CE and researcher.
Term
When a patient expires, their PHI is accessible for research purposes _______ an authorization.
Definition
Without
Term
Limited data sets exclude ______.
Definition
identifying information.
Term
Information that does not need to be included on accounting of ROI
Definition
* Disclosures that occurred prior to when HIPAA became effective (4-14-03)
* Disclosures that occured more than 6 years prior to the date of the request for accounting for disclosure.
* Those authorized by patient
Term
Duty to warn
Definition
a duty to disclose information (w/o authorization) to warn an intended victim when a pt threatens to harm an indivually indentifiable victim and the mental health provider believes that the pt is likely to actualy harm the victim.
Term
Redisclosure as related to substance abuse records
Definition
The Confidentiality of Alcohol and Drug Abuse Patient Records rules prohibit redisclosure of health information.
Term
Risk management
Definition
about reducing risk and subsequent liability for injuries (loss) that occur in the CEs immediate environment.
Term
Risk
Definition
Any occurence that might result in loss
Term
Loss
Definition
Any damage to a person, property, or rights. This may include physical injury, cognitive injury, emotional injury, wrongful death, financial loss, etc.
Term
Bylaws Committee
Definition
Oversees the medical staff bylaws (MSB) in which the various membership categories of the medical staff, e.g. active, courtesy, consultative, etc, are described as well as the process for obtaining privileges.
Term
Crediential Committee
Definition
Oversees the application process for medical staff applicants, requests for clinical privileges, and re-appointments to the medical staff. The committee makes its recommendations to the Executive Committee.
Term
Executive Committee
Definition
Oversees the activities of the medical staff. It is responsible for recommending to the governing body new medical staff appointments and medical staff re-appointments for approval. As such, the governing body has the responsibility for ultimate approval of all medical staff.
Term
Are incident reports kept in the medical record?
Definition
No. It may prevent discoverability or admissibility as evidence in the event of litigation. How? through the application of privileges--specifically the invocation of the attorney-client (CE) privilege. Depending on the legal jurisdiction, if the incident report has not been placed in the medical record and dissemination has been limited to legal counsel and the liability insurance carrier, then it is protected.
Term
False Claims Act
Definition
Governments primary litigation tool for combating fraud. It provides that anyone who knowingly submits false claims to the government is liable for damages up to three times the amount of the erroneous payment plus mandatory penalties between $5,500 and $11,000 for each false claim submitted. In addition a whistle-blower generall receives 15 to 25% (or more) of the government's recovery plus reimbursement of legal fees and expenses. If the whistle-blower's employment was latered as a result of reporting the alleged fraud, he/she is entitled to remedies that include reinstatment of job, two times the amount of any back pay, interest on any back pay, and compensation for any special damages sustained as a result of job alteration, including litigation costs and reasonable attorneys' fees.
Term
Corporate compliance programs
Definition
became poprular after Federal Sentencing Guidelines were adopted by the US Sentencing Commission in 1991. The guidelines reduce fines and penalties to an organization found guilty of healthcare fraud if the organization has a fraud prevention and detection program in place.
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