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16 Cards in this Set
- Front
- Back
Federal Regulations that impact nursing practice: |
HIPPA,ADA – Americans with Disabilities Act, The Mental Health Parity Act, The Patient Self-Determination Act
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Criminal and Civil Laws
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Violations of criminal law may be categorized as a felony (serious crime, such as homicide) or misdemeanor (less serious crime such as petty theft)
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A nurse who falsifies a record to cover up a mistake may be found guilty of breaking a criminal lawCivil Laws protect the individual rights of people. Tort laws are civil laws that relate to nursing care.
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Torts are unintentional, quasi-intentional or intentional. Negligence and malpractice are unintentional torts.
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Statutory law
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Laws written and enacted by legislative bodiesViolations are criminal offenses and are punishable by fines or imprisonment
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Federal statutes related to nursing and health care Have a major effect on nursing care—mandate a minimum standard of care in all settings that receive federal funds (Medicare, Medicaid)
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The Federal False Claims Act—makes it an offense to submit a false claim to the government for payment of health care services “Whistle-blower” reports false or fraudulent claim
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Emergency Medical Treatment and Active Labor Law (EMTALA)
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Prohibits refusal of care for indigent and uninsured patients seeking medical assistance in emergency departmentsProhibits transfer of unstable patients, including women in active labor, from one facility to another
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Americans with Disabilities Act of 1990 (ADA)
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prohibits discrimination against persons with disabilities by removing barriers that might prevent the same opportunities available to persons without disabilities
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Patient Self-Determination Act of 1990
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requires federally funded hospitals (Medicare, Medicaid) to inform adult patients in writing about their right to make treatment choices and to ask patients if they have a living will or durable power of attorney
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Health Insurance Portability and Accountability Act of 1996 (Public Law No. 104-191) (HIPAA)
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ensures confidentiality of a patient’s medical records; sets guidelines for maintaining the privacy of health data
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The Patient Safety and Quality Improvement Act
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allows certain disclosures of patient safety data
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Nurse practice act and board of nursing rules and regulations – North Carolina Nurse Practice Act
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Define scope and limitations of nursing practiceVary from state to state
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California first to enact a law in January 2004 that mandates the establishment of minimum nurse/patient ratios in acute care facilities
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Research indicates that improved nurse/patient ratios are associated with lower “failure-to-rescue” rates and lower inpatient mortality rates
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Common Law
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Created through cases heard and decided in federal and state appellate courts—also known as decisional or judge-made law
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Negligence: failure to act in a reasonable and prudent manner
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Malpractice: special type of negligence; that is, the failure of a professional, a person with specialized education and training, to act in a reasonable and prudent manner
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Elements essential to prove negligence or malpractice
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Nurse owed patient a special duty of care based on the establishment of a nurse-patient relationshipNurse breached duty to the patient or clientThe patient suffered actual harm or damageProximate cause or a causal connection has been established between the standard of care provided by the nurse and the patient’s injury
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Most frequent allegations of nursing negligence
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Failure to ensure patient safetyImproper treatment or negligent performance of treatmentFailure to monitor patient and report significant findingsMedication errorsFailure to follow agency’s policies and procedures
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