Medical Assistant Law And Ethics

Abandonment

Refers to discontinuing medical care without making sure that another heath-care professional with equal or a higher level of training has taken over patient care.

abuse

wrong or improper use

advance directives

documents signed by the patient and by witnesses stating the patient's wishes for medical care should he or she become incapacitated

Age Discrimination in Employment Act

prohibits job discrimination for people age 40 years or older

age of majority

age at which a person is considered an adult this is state-dependent,but usually 18 or 21 years old

Americans with Disabilities Act

(ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental

battery

illegal touching of another person

beneficence

actions that create benefit or good

bioethics

refers to life and death ethical issues and the implications of the application of biological research

breach

a failure to perform some promised act or obligation

civil law

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

code of ethics

the standards of acceptable behavior developed by and for members of a profession

competent adult

a person who has reached the age of majority and is considered of sound mind and not under the influence of drugs or other mind-altering substances

confidentiality

Ensures that only authorized parties can view the information

contract

agreement between two or more parties

covered account

a patient account that allows multiple payments or transactions

criminal law

codes of behavior related to the protection of property and individual safety

defamation

false and malicious attacks on someone's character or reputation

emancipated minor

An individual who has not reached the age of majority as established by state law but who lives independently is self-supporting, and has decision-making rights.

endorsement

a method of licensure through acceptance of a national examination score

Equal Employment Opportunity Commission

ensures that employers do not discriminate against employees because of age, race, color or national origin, religion, gender, or physical challenge. EEOC

Equal Pay Act

Act that requires men and women to be paid equally when they are doing equal work in the same organization.

ethics

moral principles or values

expressed consent

permission that must be obtained from every responsive, competent adult patient before medical care may be rendered

Family Medical Leave Act (FMLA)

-Enacted in 1993
-Guarantees workers up to 12 weeks of unpaid leave each year for childbirth, adoption, medical emergencies for themselves or family member
-Employees are guaranteed job protection and suffer no reduction in salary

fee splitting

sharing of fees between physicians for patient referrals

fidelity

practice of meeting patient's rights to competent care , to respect, and to adherence to laws and agreements

fraud

act of deceiving or misrepresentation

implied consent

a patient's permission in which his or her actions indirectly indicate approval

incident report

documentation that describes any injury or potential for injury suffered by a patient in a healthcare agency

informed consent

consent by a patient to undergo a medical or surgical treatment or to participate in an experiment after the patient understands the risks involved

invasion of privacy

This is the release of medical records without the patient's knowledge and permission

justice

equitable distribution of benefits and burdens

law

a rule of conduct or standard of behavior established by proper authority, society, or custom

libel

a tort consisting of false and malicious publication printed for the purpose of defaming a living person

malfeasance

...an improper act, resulting in causing harm

malpractice

professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient.

medical identity theft

is when a person seeking healthcare uses another person's name or insurance

Medical Practice Acts

laws established in all fifty states that define the practice of medicine as well as requirements and methods for licensure in a particular state.

misfeasance

the improper performance of an otherwise proper or lawful act.

negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

non compos mentis

not of sound mind

nonfeasance

a failure to act when under an obligation to do so

Patient's Bill of Rights

statement of the rights to which patients are entitled as recipients of medical care

quality improvement (QI)

A program of measures taken by health care providers and practitioners to uphold the quality of patient care. Also called quality assurance.

quid pro quo

something for something

reciprocity

the process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination

Red Flags Rule

enacted August 1, 2009 by the Federal Trade Commission to combat medical identity theft

registration

A credentialing procedure whereby one's name is listed on a register as having paid a fee and/or met certain criteria within a profession

release of medical records

a form signed by a patient or his or her legal representative allowing a health care provider to give medical information to a person or agency.

reportable incidents

events or conditions, that by law, must be reported to a designated authority

res ispa loquitur

the thing speaks for itself

respondent superior

let the master answer" employer is responsible for employees actions

risk management

The practice of considering the risk of actions taken and taking steps to minimize the risk associated with them

scope of practice

legal description of what a specific health professional may and may not do

slander

defamation; utterance of false and malicious statements

standard of care

the ordinary skill and care that medical practitioners use and that is commonly used by other medical practitioners in the same locality when caring for patients

statue of limitations

is a law prescribing the time period during which legal action can be taken.

subpoena

a court order requiring appearance and/or testimony

subpoena duces tecum

the court command to a witness to produce at trial a certain pertinent document he or she holds

Title VII of the Civil Rights of 1964

Prevents employers from discriminating in hiring or firing on the basis of race, color, religion, sex, or national origin. request for sexual favors

tort

(law) any wrongdoing for which an action for damages may be brought

unbundling

submitting multiple CPT codes when one code should be submitted

upcoding

Deliberate manipulation of CPT codes for increased payment

veracity

truth

vulnerable populations

a collection of individuals who are more likely to develop health problems as a result of excess risks, limits in access to health care services, or being dependent on others for care