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73 Cards in this Set
- Front
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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
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licensure
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1. minimum age
2. evidence of good moral character 3. US citizenship |
usual minimum requirements
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the most restrictive form of government regulation
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licensure
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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
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licensure
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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
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1. procurement of a license by fraud
2. unprofessional, dishonorable, immoral, or illegal conduct 3. performance of specific action prohibited by statute & malpractice |
violations
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is a form of gov title control that prohibits ind from employing a title rather than from engaging in a regulated occupation
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registration
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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
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certification
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a voluntary form of regulation that is NOT based on state law
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Certification
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it is established by a group to formulate standards & to recognize ind satisfying those standards
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certification
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-- used not only to document chronologically the care rendered but also to plan & evaluated tx
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record
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Duty to create & maintain optometric records
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The TN optometry board says
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personal
financial social medical |
4 types of data
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name, birth date, sex, martial status, next of kin, occupation, identification of personal physicians, other items needed for specific pt identification
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personal info
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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
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financial data
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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
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chief complaint
medical & family histories exam results |
medical
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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
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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
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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 |
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HX, examination, medical decision making
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are the key components in determining the level of E/M service
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counseling, coordination of care, nature of presenting problem, & time
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only apply when the pt encounter consists primarily of counseling & coordination of care
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TIME is the key or controlling factor
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in these cases
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who owns the records
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PRACTICE OWNER/ PARTNER/ SHAREHOLDER
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you would have legal rights to the records of the pt whom you personally treated
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independent contractor
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you would have NO LEGAL ownership rights over any of the pt records , even the records of pt you had treated
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employee working for the optometric practice
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Minor errors in transcription, spelling, etc
significant errors involving test results, etc |
2 kinds of errors
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should NOT be erased, obliterated or deleted
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MISTAKES
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use a line to cross out the incorrect entry
the enter the correction initial date, and time |
making the correction
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buy CL
pay additional fees sign a waiver or release in exchange for a copy of the CL Rx |
prescribers cannot require pt to
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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
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Rx are verified automatically if the prescriber doesnt respond to the seller's verification request within 8 business hr
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business hr
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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
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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
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ind & group plans that provide or pay the cost of medical care are covered entities
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HEALTH PLANS
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entities that process nonstandard info they receive from another entity into a standard
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health care clearinghouses
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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
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is a period of time established by statute, measured in yrs, within which a party can bring a lawsuit
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statutes of limitations
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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
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respondeat superior
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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
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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
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implied contract
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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
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timing
communication record keeping |
3 keys to terminate an doc-pt relationship
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it is essential that the relationship be terminated at a normal stopping pt & NOT in the middle of TX
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TIMIING
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that a doctor always terminate a professional relationship with a pt in writing
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COMMUNICATION
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means that the doctor must record the reason for terminating the professional relationship in the pt record
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record keepiing
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can occur when the doctor fails to see the pt at necessary intervals for proper tx of pt condition
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abandonment
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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
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1. to ind
2. to DHHS |
a covered entity MUST disclose protected health info in only 2 situations
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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
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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
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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
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is one who reveals wrong doing in the organization to a public entity or someone in authority
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whistle blower
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the use of employment power with threats, mistreatment, intimidation & retailatory discharge
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abuse of pwr
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the use of discharge as a means of oppression
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retailatory discharge
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the right to receive accurate & easily understood info about the health plan, health care professional & health care facilities
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info disclosure
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the right to a choice of health care providers
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choice of providers & plans
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the right to receive screening & stabilization emergency services whenever & wherever
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access to emergency services
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right to know ALL your tx options and to participate in decisions about your care
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participation in tx decision
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the right to considerate, respectful & nondisriminatory care from ur doc, health plan rep, & other health care providers
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respect & nondiscrimination
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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
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right to fair,fast, & objective review of any compliant you have against ur health plan, docs, hospital or other health care personnel
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complaints & appeal
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right to receive a copy of an organization's bill of rights & responsibilities
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right to know pt rights
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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
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right to explanation of pt rights
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pts have a right to participate in all aspects of their care & they should be encouraged to do so
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right to participate in care decisions
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pt have a right to participate in all aspects of their care & they should be encouraged to do so
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right to participate in care decisions
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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
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rt to informed consent
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right to refuse tx & be told what effect such a decision could have on their health
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right to refuse tx
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pt must be informed of their right to execute advance directives
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right to execute advance directives
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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
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right to designate a decision maker
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pt have a rt to expect that info regarding their care & tx will be kept confidential
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right to privacy & confientiality
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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
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rt to know restriction on rts
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rt to an intrepreter whenever possible
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rt to have special needs addressed
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