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32 Cards in this Set
- Front
- Back
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highest law specifically governing healthcare (?)
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statutes
ex. discrimination admitting pts |
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judge's role?
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interpret statute based on: intent of legislature, all provision of it, etc.
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what 2 principles come from common law? define.
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writ and stare decisis
writ - order by court to appear, perform or cease performing something sd - decisions made by court must base decisions on earlier similar cases; precedent |
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what direction does precedent go?
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down, NOT horizontally
*distinguishes common law from code-based civil law (Europe, Louisiana) |
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what is the supreme law of the land?
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u.s. constitution
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define res judicata
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"thing or issue settled by judgment" - can't sue for same thing more than once (after appeals exhausted)
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what is the difference btw the 2 types of state courts?
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limited jurisdiction is for misdemeanors - CIVIL, plaintiff & defendant, NO LAWYERS, no "guilty" verdict, damages only
general j.: special courts e.g. probate court for mentally ill; can be fined, imprisoned, guilty general jurisdiction if for felony |
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how is proof different between general jurisdiction and limited jurisdiction?
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civil/ limited - preponderance of evidence (more than 50%)
general/ criminal - beyond a reasonable doubt |
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what is in federal district court?
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felonies, misdemeanors under federal statute and
civil cases with parties from different states, > $10,000, US constitution relative cases |
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where do appeals from federal disctrict court go?
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circuit court - 11 in US + 1 for DC
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where does a case go after the circuit court?
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supreme court
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what are alternatives to courts?
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arbitration - submit to third party, binding and less expensive;
administrative agencies e.g. workers' comp cases mediation - 3rd party tries to get parties to settle, can't enforce settlement |
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what is the order of proceedings in a trial?
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request for jury or not/ screen
opening remarks examination of witnesses by prosecution cross-exam by defense additional cross (redirect) exam of witnesses by defense cross-exam by prosecution additional cross (redirect) case concludes request directed verdict instructions to jury deliberation decision appeal collection of judgment |
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best way to cover your ass?
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write a FULL DDx in your SOAP.
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what is EMTALA?
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Federal Emergency Medical Treatment and Labor Act
requires most hospitals to provide an examination and needed stabilizing treatment, without consideration of insurance coverage or ability to pay, when a patient presents to an emergency room for attention to an emergency medical condition |
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who must comply with EMTALA?
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medicare hospitals with ED's
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what are the requirements (7) for medicare participating hospitals?
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1. screen any pt in ED requesting tx
2. if pt has emergency medical condition, hospitals must examine/tx to stabilize 3. hospital must transfer pt if it can't stabilize pt 4. do not delay Tx to inquire about payment status 5. must accept transfers w/ emergency condition if the transferring hospital can't care for pt and it can 6. must document pt refusal of transfer/ tx/ exam 7. hospital can't take adverse action against dr./ med personnel who won't transfer pt w/ emergency condition or who reports EMTALA violation |
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what qualifies as an ED?
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1. state licensed ED
2. held to public as ED 3. 1/3 of outpt visits to dept in preceding year treated emergency conditions w/o appt. |
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what is an emergency medical condition?
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acute sx of sufficient severity so that delaying Tx would put health in jeopardy/ lead to serious impairment or dysfxn
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who determines which personnel may examine patients?
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hospital
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when do EMTALA obligations end?
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pt has stabilized, pt does not have emergency condition, pt is admitted, pt is transferred
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what are other EMTALA requirements reguarding documentation?
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keep pt records 5 years (even transferred)
log everyone asking for assistance in ED list Dr.'s on ED call obtain refusal and request of Tx and transfer certify false labor DISPLAY SIGNS of pt rights |
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a hospital may not transfer an unstable pt unless...?
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pt requests transfer, benefit of transfer outweighs risk, dr. is not present and certification of pt request and transfer benefit is signed
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what is a hospital in violation of EMTALA subject to?
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termination of medicare provider, monetary penalty, civil liability to pt and/or medical facility
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what is a CMP?
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civil monetary penalty
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what is HIPAA?
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health insurance portability and accountability act
- incr pt access to their records, allows more control over how their info is used - incr protection of info |
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what is the penalty for violating HIPAA?
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$25k max for multiple violations of the same kind in 1 yr
$250k max/ prison up to 10 yrs for deliberate misuse |
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who does HIPAA apply to?
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covered entities - hospitals and providers
business partners - insurance, vendors, etc |
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what is protected health info (HPI)?
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any info that: is received by provider, relates to individual's condition or tx, identifies individual
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when is an authorization of release of info required?
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something other than: treatment, payment, or health care operations
(TPO) |
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when is specific authorization for release of pt info required always?
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HIV testing, genetic testing, alcohol and drug abuse records, psychotherapy, sexual assault counseling, domestic violence counseling, disclosures required by law
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when must pt info be released?
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to FDA about medical device malfxn, disaster relief, informing family
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