Incident reports contain statements made by employees and physicians regarding

Term
Definition
unexplained/unexpected death, development of pressure sores, heavy medication and sedation, malnourished, hesitation to talk openlyTerm
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any form of mistreatment that results harm or loss to an older personTerm
Definition
Most states have enacted laws that require the reporting of actual or suspected cases of communicable diseasesTerm
National Practitioner Data BankDefinition
created by Congress as a national repository of information with the primary purpose of facilitating a comprehensive review of physician's and other health care practitioners' professional credentialsTerm
Health Care Quality Improvement ActDefinition
Congress enacted the HCQIA of 1986 to improve the quality of medical care by encouraging physicians to participate in peer review and by restricting incompetent physician’s ability to move from state to state without disclosure or discovery of their previous substandard performance or unprofessional conductTerm
Definition
incident reports contain statements made by employees and physicians regarding a deviation from acceptable patient care; reportable incidents include serious injury, fire, loss of emergency power, employee strikes, infection outbreaks; don’t go in patient’s recordTerm
Definition
data bank queries can be made by state licensing boards, hospitals, other health care entities, and professional societies that have entered or may be entering employment or affiliation relationships with a physician, dentist, or other health care practitioner who has applied for clinical privileges or appointment to a medical staffTerm
Employee Refusal to Participate in AbortionsDefinition
individuals have a right to refuse to participate in abortions and can abstain from involvement in abortions as a matter of conscience or religious or moral convictionTerm
Definition
the termination of the ability to produce offspring. Sterilization often is accomplished by vasectomy for men and tubal ligation for womenTerm
Wrongful Conception/PregnancyDefinition
based on damages sustained by the parents of an unexpected child based on an allegation that conception of the child is the result; ex. negligent sterilization procedureTerm
Definition
the plaintiffs claim that but for a breach of duty by the defendants (ex. improper sterilization), the child would not have been born. A wrongful birth claim can be brought by the parents of a child born with genetic defects against a physician or laboratory; based on the premise that being born, and that negligently fails to inform them; being born and having to live with the affliction is a disadvantage and thus a cognizable injuryTerm
Definition
generally unsuccessful because of the court’s unwillingness, for public policy reasons, to permit financial recovery for the injury of being born into the worldTerm
Definition
direct contact with infected blood/body fluids, such as vaginal secretion and breast milkTerm
Duty and the right to confidentialityDefinition
health care professionals and others working with AIDs patients have a right to know when they are caring of patients with highly contagious diseasesTerm
Definition
U.S. district court found that routine testing of firefighters and paramedics for the AIDS virus does not violate an individual’s fourth amendment or constitutional privacy rightsTerm
Definition
against person who have contracted the AIDs virus often is found to be in violation of their constitutional rightsTerm
Occupational Safety and Health ActDefinition
requires that health care organizations implement strict procedures to protect employees against the virus that causes AIDSTerm
Definition
1) set of rules/conduct/moral code
2) religious ethics
3) philosophical ethicsTerm
The functions of Ethics CommitteesDefinition
multifaceted and include development of policy and procedure guidelines to assist in resolving ethical dilemmas; staff and community education; conflict resolution; case reviews, support and consultation, and political advocacyTerm
Patient Self Determination ActDefinition
requires health care organizations to explain to patients their legal right to direct their own medical and nursing care as it corresponds to existing state law
o Euthanasia- the mercy killing of the hopelessly ill, injured, or incapacitatedTerm
Oregon’s Death with Dignity Act of 1994Definition
allows physicians to prescribe but not administer lethal drugs to the requester who must be terminally ill with fewer than 6 months to liveTerm
Definition
a risk is the possibility that a loss will occur. An insured individual may be exposed to 3 categories of risk- 1) property loss/damage 2) personal injury or loss of life 3) incurring legal liabilityTerm
Definition
the period of the policy is sated in the insurance contract. Under the occurrence policy, the contract provides protection only for claims that occur during the time frame within which the policy is stated to be in effectTerm
Definition
trustees should be covered by liability insurance just as physicians and other health care professionalsTerm
Definition
Although federal laws generally take precedence over state laws when there is a conflict between state and the federal laws, state laws are applicable and must be considered, especially when state regulations are more rigid than federal legislationTerm
Definition
The U.S. Department of Labor is a department within the executive branch of governmentTerm
National Labor Relations ActDefinition
enacted by congress in July 1935 to govern the labor management relations of business firms engaged in interstate commerceTerm
National Labor Relations BoardDefinition
entrusted with enforcing and administering the NLRA, has jurisdiction over matters involving proprietary and not for profit health care organizationsTerm
Definition
aimed at reducing the number of injunctions grated to restrain strikes and picketingTerm
Definition
The federal antidiscrimination law provides that is unlawful for most public and private employers to discriminate against, fail or refuse to hire, or discharge any individual, with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national originTerm
Definition
osha’s mission is to assure the safety and health of America’s workers by setting and enforcing standards, providing training, outreach and educational establishing partnerships, and encouraging continual improvement in workplace safety and healthTerm
Family and Medical Leave Act of 1993Definition
was enacted to grant temporary medical leave toe employees under certain circumstancesTerm
Duty and the right to confidentialityDefinition
health care professionals and others working with AIDs patients have a right to know when they are caring of patients with highly contagious diseasesTerm
Definition
U.S. district court found that routine testing of firefighters and paramedics for the AIDS virus does not violate an individual’s fourth amendment or constitutional privacy rightsTerm
Definition
against person who have contracted the AIDs virus often is found to be in violation of their constitutional rightsTerm
Occupational Safety and Health ActDefinition
requires that health care organizations implement strict procedures to protect employees against the virus that causes AIDSTerm
Definition
1) set of rules/conduct/moral code
2) religious ethics
3) philosophical ethicsTerm
The functions of Ethics CommitteesDefinition
multifaceted and include development of policy and procedure guidelines to assist in resolving ethical dilemmas; staff and community education; conflict resolution; case reviews, support and consultation, and political advocacyTerm
Patient Self Determination ActDefinition
requires health care organizations to explain to patients their legal right to direct their own medical and nursing care as it corresponds to existing state law
o Euthanasia- the mercy killing of the hopelessly ill, injured, or incapacitatedTerm
Oregon’s Death with Dignity Act of 1994Definition
allows physicians to prescribe but not administer lethal drugs to the requester who must be terminally ill with fewer than 6 months to liveTerm
Definition
a risk is the possibility that a loss will occur. An insured individual may be exposed to 3 categories of risk- 1) property loss/damage 2) personal injury or loss of life 3) incurring legal liabilityTerm
Definition
the period of the policy is sated in the insurance contract. Under the occurrence policy, the contract provides protection only for claims that occur during the time frame within which the policy is stated to be in effectTerm
Definition
trustees should be covered by liability insurance just as physicians and other health care professionalsTerm
Definition
Although federal laws generally take precedence over state laws when there is a conflict between state and the federal laws, state laws are applicable and must be considered, especially when state regulations are more rigid than federal legislationTerm
Definition
The U.S. Department of Labor is a department within the executive branch of governmentTerm
National Labor Relations ActDefinition
enacted by congress in July 1935 to govern the labor management relations of business firms engaged in interstate commerceTerm
National Labor Relations BoardDefinition
entrusted with enforcing and administering the NLRA, has jurisdiction over matters involving proprietary and not for profit health care organizationsTerm
Definition
aimed at reducing the number of injunctions grated to restrain strikes and picketingTerm
Definition
The federal antidiscrimination law provides that is unlawful for most public and private employers to discriminate against, fail or refuse to hire, or discharge any individual, with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national originTerm
Definition
osha’s mission is to assure the safety and health of America’s workers by setting and enforcing standards, providing training, outreach and educational establishing partnerships, and encouraging continual improvement in workplace safety and healthTerm
Family and Medical Leave Act of 1993Definition
was enacted to grant temporary medical leave toe employees under certain circumstancesTerm
Family and Medical Leave Act of 1993Definition
Was enacted to grant temporary medical leave to employees under certain circumstancesTerm
Union Security Contracts and Right to Work LawsDefinition
labor organizations frequently seek to enter union security contracts with employers; 1) the closed shop contract 2) the union shop contractTerm
Definition
is a program by which an employee can receive certain wage benefits because of work related injuriesTerm
Patient's rights during Labor DisputesDefinition
patient’s rights take precedence over employee and management rights when a patient’s right to privacy or well-being is in jeopardy due to labor disputesTerm
Definition
the ADA prohibits job discrimination in hiring against qualified individuals with disabilities by private employers, state, and local governments, employment agencies, and labor unionsTerm
Definition
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects and individual’s employmentTerm
Definition
the tendency to form some possible in positions of power to abuse that power through threats, abuse, intimidation, and retaliatory discharge, all of which are cause for legal actionTerm
Definition
a termination for cause only clause in an employment contract is bindingTerm
Definition
the denial of a right that is imputed to a person or that is alleged to belong to him or herTerm
Managed Care OrganizationsDefinition
o Managed care organizations represent a major shift away from the domination of the fee for service system toward networks of providers supplying a full range of servicesTerm
Definition
The California Supreme Court has ruled that insurers must inform beneficiaries of their right to contest a benefit denial.Term
Maricopa County Medical Society v. Arizona UniversityDefinition
o One of the leading cases involving price fixing is Maricopa County Medical Society v. Arizona University, a US Supreme Court case that involved the exercise of provider control over the level of physician reimbursement. Because the physicians had no financial stake in the success of the plan, the Supreme Court found that the maximum fee schedule set by the physicians constituted illegal price fixingTerm
Definition
is the process by which parties to dispute voluntarily agree to submit their differences to the judgment of an impartial mediation panel for resolutionTerm
Definition
the process whereby a third party, the mediator, attempts to bring about a settlement between the parties of a complaintTerm
Joint and Several LiabilityDefinition
provides that a person causing an injury concurrently with another person can be held equally liable for the entire judgment awarded by a courtTerm
Definition
compensates injured parties for economic losses regardless of faultTerm
Definition
the possibility that a loss will occurTerm
Health Maintenance Organizations (HMO's)Definition
organized health care systems that are responsible for both the financing and the delivery of a broad range of comprehensive health services to an enrolled population. Act as both an insurer and provider of health care servicesTerm
Preferred Provider Organizations (PPO's)Definition
entities through which employer health benefit plans and health care services contract to purchase health care services for covered beneficiaries from a selected group of participating providersTerm
Exclusive Provider Organizations (EPO's)Definition
Limit their beneficiaries to participating providers for any health care services. Use a gatekeeper approach to authorize nonprimary care servicesTerm
Point of Service Plans (POS)Definition
use primary care physicians as gatekeepers to coordinate and control medical careTerm
Definition
provided limited components of healthcare coverage (ex. dental)Term
Independent Practice Associations (IPA)Definition
a legal entity composed of physicians organized for the purpose of negotiating contracts to provide physician servicesTerm
Definition
A physician group that has only one or a small number of service delivery locations is a group practiceTerm
Definition
The California Supreme Court has ruled that insurers must inform beneficiaries of their right to contest a benefit denial