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What is the role of the Constitution regarding conflicting laws?
What is the role of the Constitution regarding conflicting laws?
The U.S. Supreme Court can hear appeals from the highest state courts only if they involve state laws.
The U.S. Supreme Court can hear appeals from the highest state courts only if they involve state laws.
False
What does the Safe Medical Devices Act require healthcare facilities to do?
What does the Safe Medical Devices Act require healthcare facilities to do?
Report certain incidents involving medical devices to a national data bank.
When federal and state laws conflict, valid federal laws ________ the state laws.
When federal and state laws conflict, valid federal laws ________ the state laws.
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Match the following court types to their descriptions:
Match the following court types to their descriptions:
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Which of the following is a source of law that affects healthcare facilities?
Which of the following is a source of law that affects healthcare facilities?
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Court decisions can sometimes create common law when no statutes or regulations apply.
Court decisions can sometimes create common law when no statutes or regulations apply.
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What must be demonstrated for a negligence or malpractice claim to succeed?
What must be demonstrated for a negligence or malpractice claim to succeed?
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Obtaining informed consent solely requires a permit signed by the patient.
Obtaining informed consent solely requires a permit signed by the patient.
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What is one duty that healthcare providers have towards patients regarding their care?
What is one duty that healthcare providers have towards patients regarding their care?
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The four elements required to establish negligence are duty, breach, _____, and damages.
The four elements required to establish negligence are duty, breach, _____, and damages.
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Match the following duties to their descriptions:
Match the following duties to their descriptions:
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Which of the following is considered an internal use for health care operations under HIPAA?
Which of the following is considered an internal use for health care operations under HIPAA?
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Patients have the right to fully control the flow of their private health information without any limitations.
Patients have the right to fully control the flow of their private health information without any limitations.
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Who generally owns the health record itself?
Who generally owns the health record itself?
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Under the HIPAA privacy rule, sharing patient information with __________ is considered an internal use for treatment.
Under the HIPAA privacy rule, sharing patient information with __________ is considered an internal use for treatment.
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Match the following sources with their relevance to health information access and disclosure:
Match the following sources with their relevance to health information access and disclosure:
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What is one of the main reasons why healthcare facilities need policies regarding access and disclosure of health information?
What is one of the main reasons why healthcare facilities need policies regarding access and disclosure of health information?
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HIPAA’s privacy rule does not require healthcare organizations to update their practices.
HIPAA’s privacy rule does not require healthcare organizations to update their practices.
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What may individuals who violate a patient’s right to control their health information be liable for?
What may individuals who violate a patient’s right to control their health information be liable for?
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Health information acts as a legal record of what was done for the patient and proof that __________ services were rendered.
Health information acts as a legal record of what was done for the patient and proof that __________ services were rendered.
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Which of the following is considered a law enforcement official under HIPAA?
Which of the following is considered a law enforcement official under HIPAA?
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Minors are always required to have parental consent for health care decisions.
Minors are always required to have parental consent for health care decisions.
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What document grants an individual the authority to make health care decisions on another person's behalf?
What document grants an individual the authority to make health care decisions on another person's behalf?
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When a patient is incapacitated, a __________ may be appointed through court proceedings to make health care decisions.
When a patient is incapacitated, a __________ may be appointed through court proceedings to make health care decisions.
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Match the situation with the correct description:
Match the situation with the correct description:
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What is one reason some health care providers might assume a patient is incompetent?
What is one reason some health care providers might assume a patient is incompetent?
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Patients have a constitutional right to access all of their health information.
Patients have a constitutional right to access all of their health information.
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What should health care providers do before assuming a patient is incompetent to make decisions?
What should health care providers do before assuming a patient is incompetent to make decisions?
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State laws generally treat certain minors as __________, allowing them to make medical decisions without parental consent.
State laws generally treat certain minors as __________, allowing them to make medical decisions without parental consent.
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In which situation is a family member allowed to access a patient's health information under HIPAA?
In which situation is a family member allowed to access a patient's health information under HIPAA?
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What does the HIPAA privacy rule allow patients to do?
What does the HIPAA privacy rule allow patients to do?
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Patient requests for health information must always be made in writing.
Patient requests for health information must always be made in writing.
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What should healthcare organizations include with disclosed patient information to prevent further redistribution?
What should healthcare organizations include with disclosed patient information to prevent further redistribution?
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The Medical Information Bureau (MIB) serves a purpose similar to that of a medical ___________.
The Medical Information Bureau (MIB) serves a purpose similar to that of a medical ___________.
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Match the following situations with the corresponding actions regarding patient health information:
Match the following situations with the corresponding actions regarding patient health information:
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What is one reason healthcare organizations are cautious about disclosing patient information?
What is one reason healthcare organizations are cautious about disclosing patient information?
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Patients have no control over their health information once it is disclosed to third parties.
Patients have no control over their health information once it is disclosed to third parties.
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What should a HIPAA-covered entity do before responding to a patient request for health information?
What should a HIPAA-covered entity do before responding to a patient request for health information?
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Health care organizations may require ___________ for the release of health information.
Health care organizations may require ___________ for the release of health information.
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Which of the following is true about redisclosure of patient information?
Which of the following is true about redisclosure of patient information?
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Study Notes
Legal Issues and Health Care
- Laws are collections of rules and regulations that govern relationships between people and maintain order.
- Sources of medical laws include Ministries of Health, Medical Schools, and Hospital Lawyers.
- Patients can take legal action against doctors, Ministry of Health employees, and private hospitals.
Sources of Laws
- Laws affecting healthcare come from four main areas:
- Federal and state constitutions (supreme law).
- Federal and state statutes (laws enacted by legislatures).
- Rules and regulations of administrative agencies (acting under delegated powers).
- Court decisions (interpreting statutes, regulations, and constitutions).
Constitutional Law
- The U.S. Constitution grants powers to the executive, legislative, and judicial branches of federal government and also grants certain powers to individual states.
- Powers granted by the Constitution may be either express or implied.
- The constitution also limits government power for example, the first ten amendments (Bill of Rights) protect rights such as freedom of speech, freedom of religion, and due process of law.
- Another important constitutional right for healthcare is the right to privacy, though not explicitly stated as a right. It generally allows people to be left alone, make decisions about their own bodies, and control their own information.
Court Decisions (Case Law)
- Federal and state courts interpret statutes, regulations, and constitutions.
- They also apply common law, or case law, where no statutes or regulations exist.
The Legal System
- The federal court system and many state systems have three levels of court:
- Trail court
- Intermediate courts of appeals
- Supreme courts
Supreme Court
- The U.S. Supreme Court is the nation's highest court.
- It decides appeals from U.S. courts of appeals.
- It may also hear appeals from the highest state courts if those cases involve federal law or the U.S. Constitution.
State and Territory Courts
- Some state trial courts are divided into special branches to handle specific types of cases:
- Probate court
- Traffic court
- Juvenile court
- Family and divorce courts
Kuwaiti Court System
- General Court: Handles most civil cases, including medical legal cases.
- Court of Appeal: Provides an avenue for appeals, with a limited timeframe.
- Supreme Court: The highest court, reviewing lower court decisions to make the final ruling.
Sources of Laws in Kuwait
- Kuwaiti law is based on French law via Egypt and religious laws.
Key Players
- Plaintiff: The party initiating a lawsuit.
- Complaints: A written statement outlining the plaintiff's claims.
- Judge(s): The individuals responsible for making decisions in a case, considering testimony from both sides.
- General Attorney: The attorney representing the state.
- Lawyers: Representing the parties in a case.
Classification of Cases
- Cases can be categorized as:
- Civil
- Commercial
- Personal
- Criminal
- Administrative
Civil Cases
- Disputes between people with equal rights and obligations.
- Governed by civil law.
Commercial Cases
- Cases involving merchants, governed by Kuwaiti commercial law.
Personal Status Cases
- Family conflicts, such as relationship, inheritance, or divorce.
- Governed by Islamic Law.
Criminal Cases
- Held in special courts, cases involving acts or omissions against public order.
- The guilty person is subject to punishment.
Administrative Cases
- Special category of cases directly connected with state affairs and legal disputes.
- Involving legal disputes between the state and individuals.
Cases Involving Healthcare Facilities and Practitioners
Malpractice and Negligence
- Unreasonably dangerous conduct.
- Individual or parity should foresee risks of harm.
- Risks were substantial, requiring safer actions.
- Negligence could result from failure to diagnose a condition (e.g., cancer) or properly treat one (e.g., wound cleaning before stitching).
- Failure to properly monitor a patient or supervise staff members can also lead to malpractice claims.
Intentional Torts
- Claims against healthcare facilities, including assault, battery, false imprisonment, defamation, invasion of privacy, fraud, and intentional infliction of emotional distress.
Product Liability
- Liability of a manufacturer, seller, or supplier of a product to a buyer or third party for injuries resulting from product defects.
Contractual Disputes
- Breach of contract claims arising when parties in a health-related contract fail to abide by agreed-upon terms.
- Courts have enforced ethical and statutory obligations regarding the confidentiality of patient information as part of contractual relationships.
Authentication & Authorship Issues
- Facilities need a method to authenticate and verify who made a particular record or computer entry into a health information system.
- It shows the action was done in the normal course of business to ensure the integrity of records during court proceedings.
Validity of Health Information as Evidence
- Health information is crucial during court proceedings.
- It has value because it has an exception to hearsay rules that stop out-of-court or unsworn statements from being used as evidence. - Records must be attested as being created in normal business practices.
Retention of Other Records and Information
- Important records to be retained include medical staff credential files, incident reports, surgical videos, peer reviews, radiographs, surgery schedules, and emergency department logs.
Duty to Maintain Confidentiality
- Health care providers have legal and ethical duties to maintain confidentiality of patient health information.
- Determining confidential information isn't always clear; for example, admission information for substance abuse treatment facilities might be confidential.
Privacy Act of 1974
- Gives citizens control over information collected by the federal government and its agencies.
- Provides rights to find out about collected information, see and copy the information, correct errors, and control disclosure to others.
Freedom of Information Act (FOIA)
- Federal law requiring public access to federal government records (except records exempt for certain reasons).
- Medical records are sometimes exempt; the disclosure of these records would constitute a clearly unwarranted invasion of privacy.
Disclosure Requirements (Kuwait & General)
- Rules about releasing health information depend on the reason and the specific case.
- The laws of Kuwait dictate that medical records follow particular procedures for release and that a summary of medical records should be presented to the court.
- States have their own regulations regarding the type and means to release health information.
- Procedures for responding to subpoenas will vary with each case dependent on the nature and details of the case.
Release to Others
- Action could be possible against someone for selling information about a patient , or providing patient information to others without proper authorization.
- Patient health information release to others, like family, is determined by the specifics of the case according to the law.
Kidney Transplant
- Kidney transplants within Kuwait have been approved, with the religious bodies approving the practice.
Public Health Laws (Kuwait)
- Cases of child abuse, abortion, cancer, communication diseases, and poison/industrial accidents require reporting to the concerned authorities.
Duty to Maintain Health Information
- HIM professionals and healthcare facility employers must maintain health information about patients to meet state and federal laws and accreditation standards.
- Failure to uphold these duties could result in a loss of licensure and closure for the facility.
Accreditation Standards (JCAHO)
- JCAHO standards require healthcare facilities to keep medical records.
- Medical records and billing records are part of a record set that applies to all individuals maintained by a health care provider.
Patient Access to Information
- State laws determine a patient's access to their health information held by covered entities.
- HIPAA provides extensive patient rights relative to accessing personal health information.
Duty to Provide a Safe Environment
- Health facilities have a duty to provide a safe environment for patients and visitors.
- The facility could be liable for injuries that result from negligence in providing a safe environment.
Duty to Supervise Employees & Professional Staff
- Health care facilities are responsible for overseeing the actions of all employees in relation to their duties.
- The facility can be legally responsible for an employee's negligence for any action taken within their job duties.
Medical Staff Credentialing
- The organization can be legally liable for negligent conducts of non-employees (medical staff) relative to their duties.
- Credentialing requirements may vary among facilities and states.
Contract Liability Issues
- Contracts are a common source of liability relative to health facilities and providers that are governed and regulated by law.
Duty to Obtain Informed Consent
- Providers must obtain a formal consent from patients or their guardians before treatment.
- Consent implies that the patient understands the procedure, risks, benefits, and alternatives to the procedure prior to signing it.
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Description
Test your understanding of the role of the Constitution in healthcare law, sources of law affecting healthcare facilities, and the elements required for negligence claims. This quiz covers various aspects, including federal and state law conflicts and informed consent in the healthcare context.
