The action of all individuals is regulated through 2 systems
Laws and Ethics
enforce a minimal level of conduct by imposing penalties for violations of acceptable behavior.
How are they expressed?
What are they based on?
Laws
"must and shall"
based on society's interest in prohibit...
The action of all individuals is regulated through 2 systems - ANSWER- Laws and
Ethics
enforce a minimal level of conduct by imposing penalties for violations of
acceptable behavior.
How are they expressed?
What are they based on? - ANSWER- Laws
"must and shall"
based on society's interest in prohibiting or controlling certain behaviors.
Described as "should" and "may" and address beliefs about appropriate
behaviors within a societal context - ANSWER- Ethics
Two major sources of law are... - ANSWER- statutory and common law
laws that are enacted by a legislative body; separate from judge-made or
common law (congress or state legislators) - ANSWER- Statutory law
example of a federal statute. Violation of law is a criminal offense against the
general public and is prosecuted by government authorities. Crimes are
punishable by fines or imprisonment
A nurse who violates the law is subject to penalties, including monetary fines,
suspension, or revocation of his or her license, and even imprisonment in some
instances. - ANSWER- EMTALA
Delineate the minimal standards of care required in all healthcare settings that
receive federal reimbursement for treatment of Medicare beneficiaries. -
ANSWER- The CoPs= Conditions of Participation for Hospitals in Medicare
,Has the authority to establish new rules and regulations to enhance patient safety
and quality and reduce the cost of care - ANSWER- Centers for Medicare and
Medicaid Services
Require nurses to develop individualized written nursing care plan for each
patient and to revise the plan as necessary - ANSWER- CoPs- Conditions of
Participation for Hospitals in Medicare
Mandate that hospitals properly train nurses for the stated roles, responsibilities,
provide adequate staff to meet the patients needs, and begin discharge planning
as soon as possible after the patient's admission to the hospital. - ANSWER-
CoPs- Conditions of Participation for Hospitals in Medicare
What can happen to hospitals not in compliance with CoPs? - ANSWER- Lose
their federal funding if the CMS determines the violations place the patient in
"immediate jeopardy" of harm. The hospital may not be able to accept patients
until corrective actions are taken.
The CMS issued new rules that halt payment to hospitals for... - ANSWER-
treatment of preventable patient complications and injuries, often referred to as
"never events"
Makes it an offense to submit a false claim to the government for payment of
health care services. - ANSWER- Federal False Claims Act
The person who reports the false or fraudulent claim (often referred to as a
"whistle-blower") is entitled to.. - ANSWER- 15-25% of any monetary amount
recovered by federal government if the government wins the case in court.
requires health care entities to provide interpreter services and communication
devices when patients are unable to effectively communicate their needs and
wishes. - ANSWER- The Americans With Disabilities Act
What is the intent of the Americans with Disabilities Act? - ANSWER- To end
discrimination against qualified persons with disabilities by removing barriers
that prevent them from enjoying the same opportunities available to persons
without disabilities.
What is an example of the Americans with Disabilities Act? - ANSWER- Special
equipment to activate the call light
The use of translators
, Often referred to as the "antidumping" law to prohibit the refusal of care for
indigent and uninsured patients seeking medical assistance in an ED.
Also prohibits the transfer of unstable patients, including women in labor, from
one facility to another. It even governs urgent care clinics and transfer of patients
from an inpatient setting to a lower level of care. - ANSWER- EMTALA-
Emergency Medical Treatment and Active Labor Law
What are the penalties from violating EMTALA - ANSWER- 25-50k fine. The federal
government can also revoke the facility's Medicare contract.
EX of EMTALA - ANSWER- Sending a patient home in unstable conditions.
This federal statute is a Medicare and Medicaid amendment intended to support
individuals in expressing their preferences about medical treatment and making
decisions about end-of-life care.
What does this law require? - ANSWER- PSDA- Patient Self Determination Act
All federally funded hospitals to give patients written notice on admission to the
healthcare facility of their decision-making rights and policies regarding advance
health care directives in their state and in the institution to which they have been
admitted.
Patients' rights in the PSDA include - ANSWER- 1) participate in their own health
care decisions
2) Accept or refuse medical treatment
3) Make advance health care directives
**these rights include collaborating with the MD in formulating DNR orders.
The intent of this law is to ensure confidentiality of the patient's health
information. Legitimate concerns regarding the uses of and release of medical
information, particularly to private entities, such as insurance companies, led to
the passage of this law.
Confers whistle-blower protection for individuals who report in good faith any
legal disclosure of patients' health. The release of private health data, either
inadvertent or intentional, is a violation and is punishable by significant fines and
a term of imprisonment. - ANSWER- Health Insurance Portability and
Accountability Act-- HIPAA
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