Legal And Ethical Issues

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Minimum Data Set (MDS)

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THE MDS IS A DETAILED FORM OF WITH GUIDELINES FOR ASSESSING RESIDENTS. IT ALSO LISTS WHAT TO DO IF RESIDENT PROBLEMS ARE IDENTIFIED. FACILITIES MUST COMPLETE THE MDS FOR EACH RESIDENT WITHIN 14 DAYS OF ADMISSION EACH YEAR. IN ADDITION, THE MDS FOR EACH RESIDENT MUST BE REVIEWED EVERY 3 MONTHS. A NEW MDS MUST BE DONE WHEN THERE IS ANY SIGNIFICANT CHANGE IN THE RESIDENT'S CONDITION.

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Ethics

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Knowledge of right and wrong

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Laws

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What you must doO

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Omnibus Budget Reconciliation Act

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Due to reports of poor care and abuse in long term care facilities this law was passed. In 1987

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Informed Consent

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Is the process by which a person, with the help of a doctor, makes informed decisions about his or her health care

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Residents Rights

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Relate to how residents must be treated while living in a facility

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Quality of life

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Residents have the right to the best care available

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Omnibus Budget Reconciliation Act

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Requires that nursing assistants pass a competency evaluation test. A minimum of 75hrs training.

A minimum of 12 hours per year

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Abuse

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Is purposeful mistreatment that causes physical, mental or emotional pain or injury to someone

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Involuntary seclusion

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Is the separation of a person from the others against the persons will.

Ex. NA confining a resident to his room

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Substance Abuse

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Is the use of legal or Illegal drugs, cigarettes or alcohol in a way that harms oneself or others.

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Active Neglect

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Is the purposeful failure to provide needed care, resulting in harm to a person

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Mandated Reporters

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Are people who are legally required to report suspected or observed abuse or neglect because they have regular contact with vulnerable populations such as the elderly in care facilities

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Vulnerable Adults

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Some states have Vulnerable Adults Acts or Adult Protective Services (APS) laws. Theses laws are written by each state and are not the same throughout the country.

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Elder Justice Act

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Was passed as part of the Affordable Care Act in March of 2010. It is the first federal law designed specifically to combat elder abuse.

These groups are intended to coordinate educational resources, support, and grant funding to aid efforts to stop elder abuse.

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Malpractice

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Occurs when a person is injured due to professional misconduct through negligence, carelessness or lack of skill.

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Negligence

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Means actions, or the failure to act or provide the proper care for a resident, resulting in unintended injury

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Passive Neglect

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The unintentional failure to provide needed care, resulting in physical, mental or emotional harm to a person.

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Observing and Reporting

Abuse and Neglect

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Is a law

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Neglect

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Is the failure to provide needed care that results in physical, mental or emotional harm to a person.

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Physical Abuse

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Is Any treatment, intentional or unintentional that causes harm to a persons body

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Psychological abuse

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Is emotional harm caused by threatening, scaring, humility, intimidating, isolating or threatening him or her as a child

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Verbal Abuse

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The use of spoken or written words, pictures, or gestures that threaten embarrass or insult a person

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5 Types of abuse

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Physical Abuse

Psychological Abuse

Verbal Abuse

Sexual Abuse

Financial Abuse

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Financial Abuse

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Improper or improper or illegal use of someone's money

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Assault

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Is a threat to harm a person, resulting in the person feeling fearful that he or she will be harmed. Telling a resident she will be slapped is an example

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Battery

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Is the intentional touching of a person without their consent.

Ex. Forcing a resident to eat.

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Observing and Reporting

Abuse and Neglect

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Anger

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Anger is a natural emotion that has many causes, such as disease, fear, pain, loneliness and loss of independence.

Anger may also be a part of someone's personality.

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Combative Behavior

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Elderly people are sometimes abused by their caregivers. This abuse is often the result of a stressful situation, such as a person being combative, causing the care giver to lash out.

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Communication

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The process of exchanging information with other. It is a process of sending and receiving message

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Communication

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The process of exchanging information with other. It is a process of sending and receiving message

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Verbal Communication

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Involves the use of words, spoken are written

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Cultural Diversity

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Has to do with different types of people with varied backgrounds and experiences living together in the workd

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Cultural Diversity

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Has to do with different types of people with varied backgrounds and experiences living together in the workd

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Culture

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A system of learned behavior, practiced by a group of people, that is considered to be the tradition of that group and is passed on from one generation to the next

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Objective Information

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Is based on what a person sees, heard, touches and smells

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Objective Information

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Is based on what a person sees, heard, touches and smells

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Subjective Information

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Something a person cannot and did not observe, but is based on something the resident reported that may or may not be true

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Objective Information

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Is based on what a person sees, heard, touches and smells

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Subjective Information

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Something a person cannot and did not observe, but is based on something the resident reported that may or may not be true

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Incontinence

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The inability to control the bladder or bowels

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Sight

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The Nursing assistant should look for a change in residence

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Sight

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The nursing assistant should look for changes in the residents appearance these include rashes, redness paleness, swelling, discharge weakness, sunken eyes and posture or (gait) walking changes

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Hearing

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The nurses assistant should listen to what the resident says about condition family Orleans is the resident speaking clearly and making sense does he show emotions such as anger frustration or sadness is he breathing normal does he really gasp or cough is the area calm and quiet enough for him to rest as needed?

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Sight

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The nursing assistant should look for changes in the residents appearance these include rashes, redness paleness, swelling, discharge weakness, sunken eyes and posture or (gait) walking changes

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Hearing

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The nurses assistant should listen to what the resident says about condition family Orleans is the resident speaking clearly and making sense does he show emotions such as anger frustration or sadness is he breathing normal does he really gasp or cough is the area calm and quiet enough for him to rest as needed?

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Touch

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Does the residents skin feel hot or cool moist or dry is the pulse rate normal

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Cliché

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Clichés are phrases that are used over and over again and do not really mean anything

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Cultural diversity

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Cultural diverse city has to do with the different. Groups of people with varied backgrounds and experiences living together in the world

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Cyanotic

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Skin that is blue or green

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Derm

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Means skin

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Derm

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Means skin

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Brady

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Means slow

The roots Cardia means heart bradycardia is slow heartbeat or pulse

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Front (Term)

abbreviation terms

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Pathy

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Pathy means disease

the root Nero means of the nerve or nervous system

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Protected Health Information

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Under HIPPA (Health insurance portability and accountability act). A persons health information must be kept private. example of (PHI). Telephone number name address social security number email address and medical records

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Advanced directives

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Legal documents that allow people to choose what medical care they wish to have if they are unable to make those decisions themselves

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A living will

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this outlines the medical care a person wants are does not want in case he or she becomes unable to make those decisions

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Durable power of attorney for healthcare

Sometimes called a healthcare proxy

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This is a signed dated and witnessed a legal document that appoints someone to make medical decisions for a person in the event he are she becomes unable to do so

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National Hospice and Palliative Care Organization

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A nonprofit organization that represents hospice and palliative care programs in the United States

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Ombudsman

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Is Assigned by law as the legal advocate for residents

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The Older American Act

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A federal law that requires all state to have an ombudsman program

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Nursing Aide Training Competency Evaluation

(NATCE)

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makes the rules about training and testing NA. The state program make sure the federal rules are followed in nursing facilities that receive payments from Medicare And Medicaid.