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73 Cards in this Set

  • Front
  • Back
Can be described as the process by which an agency of government grants permission to an ind. to engage in a given occupation upon finding that the applicant has attained the minimal degree of competency necessary to insure that the public health, safety & welfare will be reasonably well protected
licensure
1. minimum age
2. evidence of good moral character
3. US citizenship
usual minimum requirements
the most restrictive form of government regulation
licensure
the process by which a competent authority grants permission to a qualified ind to perform certain specified activities that would be illegal without a license
licensure
3 components:
-- a grant of right to perform certain acts& to use a given title
-- the ind satifying those requirements that are necessary to continue the eligibility of the ind to practice optometry w/in the state
-- withdrawal of the rt to practice optometry or other disciplinary action initiated by the state for the failure of the ind to adhere to certain express requirements relating to personal & professional conduct
licensure of optometrists usually embraces 3 components
1. procurement of a license by fraud
2. unprofessional, dishonorable, immoral, or illegal conduct
3. performance of specific action prohibited by statute & malpractice
violations
is a form of gov title control that prohibits ind from employing a title rather than from engaging in a regulated occupation
registration
is title control conducted by professions & trades in order to recognize ind who have attined a superior level of competence or are highly qualified to perform a specialized area of practice
certification
a voluntary form of regulation that is NOT based on state law
Certification
it is established by a group to formulate standards & to recognize ind satisfying those standards
certification
-- used not only to document chronologically the care rendered but also to plan & evaluated tx
record
Duty to create & maintain optometric records
The TN optometry board says
personal
financial
social
medical
4 types of data
name, birth date, sex, martial status, next of kin, occupation, identification of personal physicians, other items needed for specific pt identification
personal info
names of your pt 's employer & health insurance company, the type of ins & ins policy #, medicare & medicaid # , other info that is needed to bill for services
financial data
race & ethnic background
family relationship
community activities
lifestyle
other info related to ur pt position in society that may indicated a need for special confientiality protection
social
chief complaint
medical & family histories
exam results
medical
1.support the decisions made in the pt's care

2.support the revenue sought from payers of health care

3. document the pt's illness or injury , response to tx, & care giver decisions
AHIMA, roles of the legal health record are to
1. record SHOULD be legible & complete
2. reason for the pt encounter should be CLEAR
3. ALL pertinent aspects of the pt health history should be recorded, along with idenitified health risk factors
4. appropriate family health hx should be recorded
5. ALL examination data,tests, tx, & outcomes of tx should be present
6. an assessment or clinical impression should be recorded
7. the plan for further care should be documented
8. reasons for ordering diagnostic or ancillary services should be CLEAR or easily interpreted
9. the progress or response to TX, along with changes in tx or revision of diagnosis should be documented
10. medical record should support the CPT & ICD-9 codes reported on the claim form
11. the medical record should identify the provider of care
AOA guidelines
1. HX
2. examination
3. Medical decision making
4. counseling
5. coordination of care
6. nature of presenting problem
7. time
7 recognized components of the DGs used to describe E/M services provided
COMPONENTS OF AOA DOCUMENTATION GUIDELINES
HX, examination, medical decision making
are the key components in determining the level of E/M service
counseling, coordination of care, nature of presenting problem, & time
only apply when the pt encounter consists primarily of counseling & coordination of care
TIME is the key or controlling factor
in these cases
who owns the records
PRACTICE OWNER/ PARTNER/ SHAREHOLDER
you would have legal rights to the records of the pt whom you personally treated
independent contractor
you would have NO LEGAL ownership rights over any of the pt records , even the records of pt you had treated
employee working for the optometric practice
Minor errors in transcription, spelling, etc

significant errors involving test results, etc
2 kinds of errors
should NOT be erased, obliterated or deleted
MISTAKES
use a line to cross out the incorrect entry
the enter the correction
initial
date, and time
making the correction
buy CL
pay additional fees
sign a waiver or release in exchange for a copy of the CL Rx
prescribers cannot require pt to
1. pt full name & address
2. CL pwr, manufacturer, BC or other appropriate designation & diameter when appropriate
3. quantity of lenses ordered
4. date of pt order
5. date & time of verification request
6. a contact person for the seller, including name, fax, phone #
7. a clear statement of the prescriber's regular sat. busines hrs if the seller is counting those hrs as business hr under the rule
Verification
Rx are verified automatically if the prescriber doesnt respond to the seller's verification request within 8 business hr
business hr
1. the law was passed to make health ins portable so that workers would not lose their health ins when they changed jobs
2. law included provisions intended to increase the use of electronic transaction & to increase established privacy protection for health care info
HIPPA
1. setting standards for electronic transaction
2. setting certain security standards
3. setting standards designed to ensure privacy of healthcare info
DHHS has published 3 types of regulation
ind & group plans that provide or pay the cost of medical care are covered entities
HEALTH PLANS
entities that process nonstandard info they receive from another entity into a standard
health care clearinghouses
1. to the ind
2. tx, payment, health care operation
3. opportunity to agree or object
4. incident to an otherwise permitted use & disclosure
5. public interest & benefit activities
6. limited Data set for the purpose of research, public health or health care operation
Permitted uses & disclosures
is a period of time established by statute, measured in yrs, within which a party can bring a lawsuit
statutes of limitations
let the master answer, the employeer is going to have to answer for the action of the employee, which in turn means that the optometrist can be directly sued in court by the pt for breaching the pt confidentiality, even though the OD made no disclosure
respondeat superior
1. keeping the pt confidences
2. giving timely notice of dz
3. rendering care regardless of the pt's financial status
4. responding to requests for emergency care
5. referring pt to other health care providers when appropriate
doc - pt relationship
one not created by the explicit agreement of the parties but inferred by the law as a matter of reason & justice from their acts or conduct, the circumstances surrounded their transaction making it a resonable, or even a necessary assumption that a contract existed btw them by tacit understanding
implied contract
writing a note in the pt record
by having the pt signing a form that is placed in the pt' s record
2 ways to document pt refusal
timing
communication
record keeping
3 keys to terminate an doc-pt relationship
it is essential that the relationship be terminated at a normal stopping pt & NOT in the middle of TX
TIMIING
that a doctor always terminate a professional relationship with a pt in writing
COMMUNICATION
means that the doctor must record the reason for terminating the professional relationship in the pt record
record keepiing
can occur when the doctor fails to see the pt at necessary intervals for proper tx of pt condition
abandonment
1. care was unreasonalble d/c by the doctor
2. the doc failed to arrange for care by another doc
3. the d/c of care was against the pt will
4. foresight indicated that d/c might result in physical harm to the pt
5. actual harm was suffered by the pt
abandonment
1. to ind
2. to DHHS
a covered entity MUST disclose protected health info in only 2 situations
1. all consumers are created equal
2. quality comes first
3. preserve what works
4. cost matter
guiding principles for the consumer bill of rights & responsibility
timely
fair to all parties
administratively simple
objective & credible
accessible & understandable to consumers
cost & resource efficient
subject to quality review
internal and external complaint & appeal processes should be
1. info disclosure
2 choice of provider & plans
3. access to emergency services
4. particpation in tx decisions
5. respect & nondiscrimination
6. confientiality of health info
7. compliants & appeals
consumer bill of rights topics
is one who reveals wrong doing in the organization to a public entity or someone in authority
whistle blower
the use of employment power with threats, mistreatment, intimidation & retailatory discharge
abuse of pwr
the use of discharge as a means of oppression
retailatory discharge
the right to receive accurate & easily understood info about the health plan, health care professional & health care facilities
info disclosure
the right to a choice of health care providers
choice of providers & plans
the right to receive screening & stabilization emergency services whenever & wherever
access to emergency services
right to know ALL your tx options and to participate in decisions about your care
participation in tx decision
the right to considerate, respectful & nondisriminatory care from ur doc, health plan rep, & other health care providers
respect & nondiscrimination
the right to talk in confidence with health care providers & to have ur health care info protected
right to review & copy ur own medical record & request that your physician amend ur record if it is Not accurate,relevant, complete
confidentiality of health info
right to fair,fast, & objective review of any compliant you have against ur health plan, docs, hospital or other health care personnel
complaints & appeal
right to receive a copy of an organization's bill of rights & responsibilities
right to know pt rights
an organization's document of pt rights & responsibilities should be viewed as a document with legal significance whether or not the state has adopted a similar code
right to explanation of pt rights
pts have a right to participate in all aspects of their care & they should be encouraged to do so
right to participate in care decisions
pt have a right to participate in all aspects of their care & they should be encouraged to do so
right to participate in care decisions
pt have a rt to receive all of the info necessary to make an informed decision prior to consenting to a proposed procedure or tx
rt to informed consent
right to refuse tx & be told what effect such a decision could have on their health
right to refuse tx
pt must be informed of their right to execute advance directives
right to execute advance directives
pt have a right to appoint a health care decision maker to make health health care decision when the pt becomes incapacitated or is unable to make decisions on his or her behalf
right to designate a decision maker
pt have a rt to expect that info regarding their care & tx will be kept confidential
right to privacy & confientiality
any restrictions on a pt's visitors, mail, telephone, or other communication must be evaluated for their therapeutic effectiveness & fully explained to & agree upon by the pt or pt representative
rt to know restriction on rts
rt to an intrepreter whenever possible
rt to have special needs addressed