Healthcare Laws: Good Samaritan, COBRA, EMTALA, HIPAA
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Questions and Answers

A nurse witnesses a car accident and stops to provide assistance. Under what circumstances would the Good Samaritan Law likely protect the nurse from liability?

  • The nurse acts within their scope of practice and without gross negligence. (correct)
  • The nurse receives compensation from the injured party for providing assistance.
  • The nurse only provides assistance if the injured party has health insurance.
  • The nurse guarantees a full recovery for the injured party.

Which of the following situations would be considered an example of battery?

  • Threatening to medicate a patient who refuses to take their medication.
  • Verbally warning a patient that they will be placed in restraints if they attempt to leave the hospital.
  • Refusing to allow a patient to leave the hospital against medical advice.
  • Restraining a patient against their will without a physician's order. (correct)

An employee is laid off from their job. Under COBRA, what is the maximum period they and their family can typically continue their employer-sponsored health insurance coverage?

  • 18 months (correct)
  • 24 months
  • 12 months
  • 6 months

A hospital emergency department refuses to treat an uninsured patient experiencing chest pain, citing the patient's inability to pay. Which law is the hospital violating?

<p>EMTALA (C)</p> Signup and view all the answers

A nurse uses four side rails on an elderly patient's bed to prevent them from falling, even though the patient is able to get out of bed and requests that the rails be lowered. This action could be considered:

<p>False imprisonment (D)</p> Signup and view all the answers

A retail store refuses to hire a qualified applicant because they use a wheelchair. Which law prohibits this type of discrimination?

<p>ADA (B)</p> Signup and view all the answers

Which scenario best exemplifies a violation of the Mental Health Parity Act?

<p>A health insurance company requires higher co-pays for mental health therapy sessions compared to physical therapy sessions. (C)</p> Signup and view all the answers

A nurse posts on social media a patient's medical condition, which is untrue. This action could potentially be considered:

<p>Libel, because the statement is written and harms the patient's reputation. (C)</p> Signup and view all the answers

A surgeon performs a surgery on the wrong side of the patient's body. This is an example of:

<p>Malpractice, because it is professional negligence that resulted in harm. (C)</p> Signup and view all the answers

Which situation exemplifies a nurse promoting a patient's autonomy, according to the Patient Self-Determination Act?

<p>Honoring a patient's request to discontinue dialysis, even if it leads to death. (C)</p> Signup and view all the answers

Which of the following best describes the relationship between statutory law and regulatory law?

<p>Regulatory laws are procedures established by agencies to enforce statutory laws. (C)</p> Signup and view all the answers

A nurse administers medication to a patient, but due to negligence, gives the wrong dosage, causing harm. Under which type of law could the nurse potentially be held liable?

<p>Both Statutory and Common Law (C)</p> Signup and view all the answers

A patient verbally threatens a nurse but does not physically harm them. What legal consequence might the patient face?

<p>A misdemeanor charge. (B)</p> Signup and view all the answers

A healthcare facility implements a policy that requires all patients to sign a blanket consent form upon admission, covering all potential treatments and procedures. How does this policy potentially conflict with the Patient Self-Determination Act?

<p>It undermines patient autonomy by not allowing for informed consent for each specific treatment or procedure. (B)</p> Signup and view all the answers

Which example demonstrates the ethical principle of justice in a healthcare setting?

<p>A hospital allocating resources equally among all patients, regardless of their socioeconomic status. (D)</p> Signup and view all the answers

A healthcare provider promises a patient that they will personally follow up on their test results. Which ethical principle does this action primarily exemplify?

<p>Fidelity (B)</p> Signup and view all the answers

A nurse observes a colleague diverting narcotics for personal use but does not report it. If the diverted narcotics cause harm to a patient, what legal ramifications could the first nurse face?

<p>The nurse could be held liable for negligence for failing to prevent harm to the patient. (D)</p> Signup and view all the answers

Which scenario is the best example of beneficence?

<p>A nurse offers emotional support to a distressed patient before administering a necessary injection. (C)</p> Signup and view all the answers

An elderly patient with dementia, who has not legally appointed a durable power of attorney or advanced directive, is admitted to the hospital. The patient requires a life-saving surgery, but is unable to communicate their wishes. Who typically makes the decision regarding the surgery?

<p>The patient's primary care physician, in consultation with hospital ethics committee and family members. (C)</p> Signup and view all the answers

Performing a surgical procedure while under the influence of alcohol would be categorized as:

<p>Gross negligence (D)</p> Signup and view all the answers

Which of the following offenses would most likely be classified as a felony?

<p>Patient abuse (D)</p> Signup and view all the answers

What distinguishes common law from statutory law?

<p>Common law is based on judicial precedents, while statutory law is written and passed by a legislature. (D)</p> Signup and view all the answers

Which of the following laws ensures a patient's right to privacy and confidentiality of their health information?

<p>HIPAA (Health Insurance Portability and Accountability Act) (B)</p> Signup and view all the answers

What is the role of administrative agencies like the NCSBN and FDH in relation to statutory laws?

<p>They develop regulations and procedures to implement and enforce statutory laws. (B)</p> Signup and view all the answers

A nurse decides to administer a medication to a patient, even though the prescribed dose is slightly higher than the recommended maximum. The nurse believes that the patient's condition warrants the increased dose and that it will ultimately benefit the patient. Which ethical theory aligns most closely with the nurse's decision-making process?

<p>Utilitarianism (B)</p> Signup and view all the answers

A patient has clearly outlined in their living will that they do not want to receive cardiopulmonary resuscitation (CPR) if their heart stops. The patient's family pleads with the healthcare team to perform CPR anyway, believing that there is still a chance of recovery. How should the healthcare team respond, based on ethical principles?

<p>Honor the patient's living will and refrain from performing CPR. (D)</p> Signup and view all the answers

A nurse accidentally administers the wrong medication to a patient. Following the incident, the nurse immediately reports the error to the supervisor, assesses the patient for any adverse effects, and documents the incident thoroughly. Which ethical principles are best demonstrated by the nurse's actions?

<p>Accountability and Responsibility (A)</p> Signup and view all the answers

A hospital implements a new policy requiring nurses to work mandatory overtime when staffing levels are low, despite nurses expressing concerns about potential burnout and decreased patient safety. Applying deontology, which action would a nurse most likely take?

<p>Comply with the policy, prioritizing adherence to hospital rules. (C)</p> Signup and view all the answers

A patient is diagnosed with a serious illness but asks the nurse not to disclose the diagnosis to their family, as they want to tell them in person when they are ready. The family repeatedly asks the nurse for information about the patient's condition. What is the most ethically appropriate course of action for the nurse?

<p>Respect the patient's wishes and maintain confidentiality, informing the family that they cannot provide specific information. (B)</p> Signup and view all the answers

Which of the following scenarios best exemplifies the ethical principle of advocacy in nursing practice?

<p>A nurse explains the risks and benefits of a surgical procedure to a patient before they sign the consent form. (C)</p> Signup and view all the answers

Flashcards

Good Samaritan Law

A state law offering legal protection to those who provide aid to individuals in need.

COBRA

Federal law allowing continued health insurance coverage for 18 months after life events.

Assault

Threatening a patient with physical harm without touching them.

Battery

Physically striking or restraining someone against their will.

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EMTALA

Federal law requiring hospitals to provide emergency care regardless of payment ability.

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False Imprisonment

Restraining a patient without legal justification, restricting their movement.

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Mental Health Parity

A federal law requiring equal coverage for mental health and substance use disorders in insurance policies.

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Addiction Equity Act

A healthcare act prohibiting less favorable coverage for mental health compared to medical/surgical conditions.

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Libel

A written false statement that harms a person's reputation.

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Slander

A verbal false statement that damages someone's reputation temporarily.

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Malpractice

Failure in professional duty leading to injury, loss, or damage.

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Negligence

Failing to act as a reasonably prudent person would in similar circumstances.

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Patient’s Self-Determination Act

Law giving patients the right to involve in their care decisions.

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Misdemeanor

A less serious crime, punishable by fines or less than one year in prison.

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Deontology

Ethical theory that judges actions based on adherence to rules.

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Utilitarianism

Ethical theory focusing on outcomes; actions are justified by consequences.

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Advocacy

Representing patients' interests to improve healthcare quality.

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Nonmaleficence

Ethical principle of not causing harm to others.

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Advanced Directive

A legal document stating a person's medical care wishes if incapacitated.

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Durable Power of Attorney

A person authorized to make decisions for someone else when they are incapacitated.

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Felony

Crimes punishable by over 1 year in prison, e.g., rape, murder.

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Statutory Law

Written laws passed by a legislative body, such as HIPAA or OSHA.

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Regulatory Law

Rules established by administrative agencies rather than legislatures or courts.

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Common Law

Law based on judicial decisions and precedents, also called case law.

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Beneficence

Acting to do good for others without expecting anything in return.

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Justice

Fairness in treatment, giving everyone their due rights.

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Fidelity

Keeping promises and being loyal to someone, acting faithfully.

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Gross Negligence

Severe form of negligence, e.g., caring while intoxicated.

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Patient Abuse

Mistreatment or harm intentionally inflicted on a patient.

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Medical Negligence

Failure to provide standard care leading to patient harm, often requiring expert witness.

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Study Notes

Group 1: Laws

  • Good Samaritan Law: Ethical and legal responsibility to help someone in need (e.g., car accident, seizure). It's a state law.
  • COBRA (Consolidated Omnibus Budget Reconciliation Act): Allows employees and families to continue employer-provided health insurance for 18 months after qualifying life events. These events include job loss (voluntary or involuntary), reduction in work hours, transition between jobs, death, and divorce.

Group 2: Laws

  • EMTALA (Emergency Medical Treatment and Labor Act): A federal law requiring hospitals to provide emergency care to anyone needing it, regardless of their ability to pay. Once stable, the patient can be transferred to another hospital.
  • COBRA (Consolidated Omnibus Budget Reconciliation Act): A federal law that allows employees to keep their employer's group health insurance after leaving employment. Employees are responsible for premiums. Benefits last up to 18 months.
  • HIPAA (Health Insurance Portability and Accountability Act): A law designed to make health insurance more accessible. It protects patient confidentiality and security regarding healthcare information. It helps healthcare industries control administrative costs.

Group 3: Laws

  • ADA (Americans with Disabilities Act): A law that prohibits businesses from discriminating against people with physical or mental impairments. Businesses must accommodate these individuals.
  • Mental Health Parity and Addiction Equity Act: Federal law that mandates health insurance companies to provide equal coverage of mental health and substance use disorder treatments as it does other medical conditions.

Group 4: Terms

  • Libel: A written false statement that harms someone's reputation.
  • Slander: A false statement made verbally that harms someone's reputation.
  • Malpractice: A dereliction of professional duty by a professional that results in injury or damage. This may include physical, emotional and/or spiritual harm.
  • Negligence: Performing an action that a reasonable person would not, or failing to perform an action that a reasonable person would. All malpractice is negligence, but not all negligence is malpractice.

Group 5: Laws

  • Patient Self-Determination Act (PSDA): Patients have the right to be involved in decisions regarding their medical care. Includes realistic care goals and interventions.
  • Examples of PSDA: Hospitals provide patients with living wills and durable powers of attorney.
  • Misdemeanor: A less serious crime, commonly punishable with a fine, imprisonment for less than a year, or both, and sometimes parole. This includes behaviors like battery, stealing and gross negligence.
  • Felony: A serious crime, punishable by more than a year in prison (jail). This includes patient abuse, assault, and intentionally falsifying records.

Group 6: Terms

  • Statutory Law: Written law passed by a legislative body. All statutes are laws, but not all laws are statutes. Examples: HIPAA, OSHA, ADA, EMTALA (Mental health parity).
  • Regulatory Law: Deals with the procedures established by federal, state and local administrative agencies. It is different from statutory law.
  • Common Law: Law based on previous judicial decisions (case law). It is used to decide cases based on the circumstances. This may include relationships formed outside of formal marriage.

Group 7: Terms

  • Beneficence: Acting in the best interest of someone without any expectation of return.
  • Justice: Treating all people fairly and equally.
  • Fidelity: Keeping promises and maintaining trustworthiness.

Group 8: Ethical Theories

  • Deontology: Moral actions are based on the rules followed, not the outcome.
  • Utilitarianism: Morality of an action is based on the outcome/result.

Group 9: Terms

  • Advocacy: Representing the patient's interests, including quality of care and rights.
  • Autonomy: The ability to make independent decisions.
  • Veracity: Truthfulness; honesty in reporting diagnosis and treatment options.
  • Civility: Kindness, politeness, and respect.

Group 10: Terms

  • Nonmaleficence: Acting to avoid harm, always doing the most good for the patient.

Group 11: Advanced Directives

  • Advanced Directive: A legal document that documents a person's wishes regarding medical care if they are unable to make decisions for themselves.
  • Durable Power of Attorney: A person legally appointed to make legal and financial decisions for the patient.
  • Informed Consent: Patients must be fully and accurately informed about treatment options before agreement. This includes risks, as well as alternative treatments or care plans.
  • Against Medical Advice (AMA): When a patient elects to leave the hospital against professional medical advice, this protects the hospital and the doctor. An AMA discharge can affect future patient care, and future liability.

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Description

Overview of several healthcare-related laws including the Good Samaritan Law, COBRA (Consolidated Omnibus Budget Reconciliation Act), EMTALA (Emergency Medical Treatment and Labor Act), and HIPAA (Health Insurance Portability and Accountability Act). Topics include patient rights, emergency care, and continuation of health insurance coverage.

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