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281 Cards in this Set
- Front
- Back
- 3rd side (hint)
access |
The availability of health care and the means to purchase health care services. |
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accreditation |
Official authorization or approval for conforming to a specified standard. |
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active euthanasia |
A conscious medical act that results in death. |
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administer |
To instill a drug into the body of a patient. |
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administrative law |
Enabling statutes enacted to define powers and procedures when an agency is created. |
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affirmative action |
Programs that use goals and quotas to provide preferential treatment for minority persons determined to have been underutilized in the past. |
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affirmative defenses |
Defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendant's negligence |
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Agency for Healthcare Research and Quality (AHRQ) |
The lead federal agency responsible for tracking and improving the quality, safety, efficiency, and effectiveness of health care for Americans. |
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agent |
One who acts for or represents another. In performing workplace duties, the employee acts as the agent, or authorized representative, of the employer. |
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allopathic |
Literally, “different suffering”; referring to the medical philosophy that dictates training physicians to intervene in the disease process, through the use of drugs and surgery. |
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alternative dispute resolution (ADR) |
Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court. |
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Amendments to the Older Americans Act |
A 1987 federal act that defines elder abuse, neglect, and exploitation, but does not deal with enforcement. |
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American Medical Association Principles |
A code of ethics for members of the American Medical Association written in 1847. |
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amniocentesis |
A test whereby the physician withdraws a sample of amniotic fluid (the fluid surrounding the developing fetus inside the mother's womb) from the uterus of a pregnant woman. The fluid is then tested for genetic or other conditions that may lead to abnormal development of the fetus. |
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artificial insemination |
The mechanical injection of viable semen into the vagina. |
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associate practice |
A medical management system in which two or more physicians share office space and employees but practice individually. |
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assumption of risk |
A legal defense that holds the defendant is not guilty of a negligent act, since the plaintiff knew of and accepted beforehand any risks involved. |
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autonomy (or self-determination) |
The word autonomy comes from the Greek words auto (self) and nomos (governance). It is generally understood as the capacity to be one's own person, to make decisions based on one's own reasons and motives, not manipulated or dictated to by external forces. |
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autopsy |
A postmortem examination to determine the cause of death or to obtain physiological evidence, as in the case of a suspicious death. |
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baby boom generation |
Those individuals born between 1946 and 1964. |
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beneficence |
Refers to the acts health care practitioners perform to help people stay healthy or recover from an illness. |
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bioethicists |
Specialists who consult with physicians, researchers, and others to help them make difficult ethical decisions regarding patient care. |
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bioethics |
A discipline dealing with the ethical implications of biological research methods and results, especially in medicine. |
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brain death |
Final cessation of bodily activity, used to determine when death actually occurs; circulatory and respiratory functions have irreversibly ceased, and the entire brain (including the brain stem) has irreversibly ceased to function. |
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breach of contract |
Failure of either party to comply with the terms of a legally valid contract |
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case law |
Law established through common law and legal precedent. |
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categorical imperative |
This principle means that there are no exceptions (categorical) from the rule (imperative). The right action is one based on a determined principle, regardless of outcome. |
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certification |
A voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate. |
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checks and balances |
The system established by the U.S. Constitution that keeps any one branch of government from assuming too much power over the other branches. |
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Chemical Hygiene Plan |
The Standard for Occupational Exposures to Hazardous Chemicals in Laboratories, which clarifies the handling of hazardous chemicals in medical laboratories. |
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Child Abuse Prevention and Treatment Act |
A federal law passed in 1974 requiring physicians to report cases of child abuse and to try to prevent future cases. |
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chromosome |
A microscopic structure found within the nucleus of a plant or animal cell that carries genes responsible for the organism's characteristics. |
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civil law |
Law that involves wrongful acts against persons. |
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Clinical Laboratory Improvement Act (CLIA) |
Also called Clinical Laboratory Improvement Amendments. Federal statutes passed in 1988 that established minimum quality standards for all laboratory testing. |
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clone |
An organism begun asexually, usually from a single cell of the parent. |
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cloning |
The process by which organisms are created asexually, usually from a single cell of the parent organism. |
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code of ethics |
A system of principles intended to govern behavior—here, the behavior of those entrusted with providing care to the sick. |
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code set |
Under HIPAA, terms that provide for uniformity and simplification of health care billing and record keeping. |
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coma |
A condition of deep stupor from which the patient cannot be roused by external stimuli. |
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common law |
The body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition. |
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common sense |
Sound practical judgment. |
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comparative negligence |
An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree. |
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compassion |
The identification with and understanding of another's situation, feelings, and motives. |
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confidentiality |
The act of holding information in confidence, not to be released to unauthorized individuals. |
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Confidentiality of Alcohol and Drug Abuse, Patient Records |
A federal statute that protects patients with histories of substance abuse regarding the release of information about treatment. |
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consent |
Permission from a patient, either expressed or implied, for something to be done by another. For example, consent is required for a physician to examine a patient, to perform tests that aid in diagnosis, and/or to treat for a medical condition. |
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consequence-oriented (or teleological) theories |
Consequence-oriented or teleological theories judge the rightness of a decision based on the outcome or predicted outcome of the decision. |
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constitutional law |
Law that derives from federal and state constitutions. |
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contract |
A voluntary agreement between two parties in which specific promises are made for a consideration. |
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contributory negligence |
An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury. |
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Controlled Substances Act |
The federal law giving authority to the Drug Enforcement Administration to regulate the sale and use of drugs. |
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coroner |
A public official who investigates and holds inquests over those who die from unknown or violent causes; he or she may or may not be a physician, depending on state law. |
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corporation |
A body formed and authorized by law to act as a single person. |
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cost |
In this context, the amount individuals, employers, state and federal governments, HMOs, and insurers spend on health care in the United States. |
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courtesy |
The practice of good manners. |
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covered entity |
Health care providers and clearinghouses that transmit HIPAA transactions electronically, and must comply with HIPAA standards and rules. |
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covered transactions |
Electronic exchanges of information between two covered-entity business partners using HIPAA-mandated transaction standards. |
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criminal law |
Law that involves crimes against the state. |
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critical thinking |
The ability to think analytically, using fewer emotions and more rationality. |
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curative care |
Treatment directed toward curing a patient's disease. |
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cybermedicine |
A form of telemedicine that involves direct contact between patients and physicians over the Internet, usually for a fee. |
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damages |
Monetary awards sought by plaintiffs in lawsuits. |
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defendant |
The person or party against whom criminal or civil charges are brought in a lawsuit. |
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de-identify |
To remove all information that identifies patients from health care transactions. |
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denial |
A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking. |
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deontological (or duty-oriented) theory |
Focuses on the essential rightness or wrongness of an act, not the consequences of the act. |
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deposition |
Sworn testimony given and recorded outside the courtroom during the pretrial phase of a case. |
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designated record set |
Records maintained by or for a HIPAA-covered entity. |
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discrimination |
Prejudiced or prejudicial outlook, action, or treatment. |
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dispense |
To deliver controlled substances in some type of bottle, box, or other container to a patient. |
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DNA (deoxyribonucleic acid) |
The combination of proteins, called nucleotides, that is arranged to make up an organism's chromosomes. |
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doctrine of informed consent |
The legal basis for informed consent, usually outlined in a state's medical practice acts. |
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doctrine of professional discretion |
A principle under which a physician can exercise judgment as to whether to show patients who are being treated for mental or emotional conditions their records. Disclosure depends on whether, in the physician's judgment, such patients would be harmed by viewing the records. |
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do-not-resuscitate (DNR) orders |
Orders written at the request of patients or their authorized representatives that cardiopulmonary resuscitation not be used to sustain life in a medical crisis. |
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Drug Enforcement Administration (DEA) |
A branch of the U.S. Department of Justice that regulates the sale and use of drugs. |
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durable power of attorney |
An advance directive that confers on a designee the authority to make a variety of legal decisions based on the grantor, usually including health care decisions. |
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duty of care |
The obligation of health care professionals to patients and, in some cases, nonpatients. |
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duty-oriented (or deontological) theory |
Focuses on the essential rightness or wrongness of an act, not the consequences of the act. |
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e-health |
Term used for the use of the Internet as a source of consumer information about health and medicine. |
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electronic data interchange (EDI) |
The use of uniform electronic protocols to transfer business information between organizations via computer networks. |
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electronic health record (EHR) |
Contains the same information as any medical record, but in electronic form. |
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electronic transmission |
The sending of information from one network-connected computer to another. |
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emancipated minors |
Individuals in their mid- to late teens who legally live outside their parents' or guardians' control. |
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employment-at-will |
A concept of employment whereby either the employer or the employee can end the employment at any time, for any reason. |
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encryption |
The scrambling or encoding of information before sending it electronically. |
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endorsement |
The process by which a license may be awarded based on individual credentials judged to meet licensing requirements in a new state. |
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epigenetics |
The study of changes in gene activity that do not involve alterations to the genetic code, but are still passed down to at least one successive generation. |
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ethics |
Standards of behavior, developed as a result of one's concept of right and wrong. |
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ethics committee |
Committee made up of individuals who are involved in a patient's care, including health care practitioners, family members, clergy, and others, with the purpose of reviewing ethical issues in difficult cases. |
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ethics guidelines |
Publications that detail a wide variety of ethical situations that professionals (in this case, health care practitioners) might face in their work and offer principles for dealing with the situations in an ethical manner. |
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etiquette |
Standards of behavior considered to be good manners among members of a profession as they function as individuals in society. |
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executive order |
A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress. |
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expressed contract |
A written or oral agreement in which all terms are explicitly stated. |
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Fair Debt Collection Practices Act (FDCPA) |
A federal statute prohibiting certain unfair and illegal practices by debt collectors and creditors. It prohibits certain methods of debt collection, including harassment, misrepresentation, threats, dissemination of false information about the debtor, and engagement in unfair or illegal practices in attempting to collect a debt. |
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Federal False Claims Act |
A law that allows for individuals to bring civil actions on behalf of the U.S. government for false claims made to the federal government, under a provision of the law called qui tam (from Latin meaning “to bring an action for the king and for oneself”). |
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federal preemption |
A doctrine that can bar injured consumers from suing in state court when the products that hurt them had met federal standards. |
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federalism |
The sharing of power among national, state, and local governments. |
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felony |
An offense punishable by death or by imprisonment in a state or federal prison for more than one year. |
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fiduciary duty |
A physician's obligation to his or her patient, based on trust and confidence. |
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firewall |
Hardware, software, or both designed to prevent unauthorized persons from accessing electronic information. |
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Food and Drug Administration (FDA) |
A federal agency within the Department of Health and Human Services that oversees drug quality and standardization and must approve drugs before they are released for public use. |
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forensics |
A division of medicine that incorporates law and medicine and involves medical issues or medical proof at trials having to do with malpractice, crimes, and accidents. |
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fraud |
Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights. |
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gatekeeper physician |
The primary care physician who directs the medical care of HMO members. |
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gene |
A tiny segment of DNA found on a chromosome in a cell. Each gene holds the formula for making a specific enzyme or protein. |
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gene therapy |
The insertion of a normally functioning gene into cells in which an abnormal or absent element of the gene has caused disease. |
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General Duty Clause |
A section of the Hazard Communication Standard that states that any equipment that may pose a health risk must be specified as a hazard. |
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genetic counselor |
An expert in human genetics who is qualified to counsel individuals who may have inherited genes for certain diseases or conditions. |
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genetic discrimination |
Differential treatment of individuals based on their actual or presumed genetic differences. |
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genetic engineering |
Manipulation of DNA within the cells of plants and animals, through synthesis, alteration, or repair, to ensure that certain harmful traits will be eliminated in offspring and that desirable traits will appear and be passed on. |
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genetics |
The science that accounts for natural differences and resemblances among organisms related by descent. |
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genome |
All the DNA in an organism, including its genes. |
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genometrics |
The science of determining how genes cause the expression of certain traits in individuals. |
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Good Samaritan acts |
State laws protecting physicians and sometimes other health care practitioners and laypersons from charges of negligence or abandonment if they stop to help the victim of an accident or other emergency. |
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gross domestic product (GDP) |
America's total value for all goods and services produced. |
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group practice |
A medical management system in which a group of three or more licensed physicians share their collective income, expenses, facilities, equipment, records, and personnel. |
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Hazard Communication Standard (HCS) |
An OSHA standard intended to increase health care practitioners' awareness of risks, to improve work practices and appropriate use of personal protective equipment, and to reduce injuries and illnesses in the workplace. |
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Health Care and Education Reconciliation Act (HCERA) |
Enacted in 2010, a federal law that added to regulations imposed on the insurance industry by the Patient Protection and Affordable Care Act. |
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Healthcare Integrity and Protection Data Bank (HIPDB) |
A national health care fraud and abuse data collection program established by HIPAA for the reporting and disclosure of certain adverse actions taken against health care providers, suppliers, or practitioners. |
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health care practitioners |
Those who are trained to administer medical or health care to patients. |
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health care proxy |
A durable power of attorney issued for purposes of health care decisions only. |
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Health Care Quality Improvement Act (HCQIA) of 1986 |
A federal statute passed to improve the quality of medical care nationwide. One provision established the National Practitioner Data Bank. |
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health information technology (HIT) |
The application of information processing, involving both computer hardware and software, that deals with the storage, retrieval, sharing, and use of health care information, data, and knowledge for communication and decision making. |
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Health Insurance Portability and Accountability Act (HIPAA) of 1996 |
A federal law passed in 1996 to protect privacy and other health care rights for patients. The act helps workers keep continuous health insurance coverage for themselves and their dependents when they change jobs, and protects confidential medical information from unauthorized disclosure and/or use. It was also intended to help curb the rising cost of health care fraud and abuse. |
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health maintenance organization (HMO) |
A health plan that combines coverage of health care costs and delivery of health care for a prepaid premium. |
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heredity |
The process by which organisms pass on genetic traits to their offspring. |
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heterologous artificial insemination |
The process in which donor sperm is mechanically injected into a woman's vagina to fertilize her eggs. |
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Hippocratic oath |
A pledge for physicians, developed by the Greek physician Hippocrates circa 400 B.C.E. |
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homologous artificial insemination |
The process in which a husband's sperm is mechanically injected into his wife's vagina to fertilize her eggs. |
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hospice |
A facility or program (often carried out in a patient's home) in which teams of health care practitioners and volunteers provide a continuing environment that focuses on the emotional and psychological needs of the dying patient. |
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Human Genome Project |
A scientific project funded by the U.S. government, begun in 1990 and successfully completed in 2000, for the purpose of mapping all of a human's genes. This Web site is an excellent resource: www.ornl.gov/sci/techresources/Human_Genome/home.shtml. |
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implied contract |
An unwritten and unspoken agreement whose terms result from the actions of the parties involved. |
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implied limited contract |
A contract created when a physician or other health care worker treats a patient in an emergency situation. The agreement does not extend to the relationship after the emergency ends. |
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indemnity |
A traditional form of health insurance that covers the insured against a potential loss of money from medical expenses resulting from an illness or accident. |
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individual (or independent) practice association (IPA) |
A type of HMO that contracts with groups of physicians who practice in their own offices and receive a per-member payment (capitation) from participating HMOs to provide a full range of health services for HMO members. |
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infertility |
The failure to conceive for a period of 12 months or longer due to a deviation from or interruption of the normal structure or function of any reproductive part, organ, or system. |
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intentional tort |
A civil wrong committed against a person or property, excluding breach of contract. |
See Tort |
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interrogatory |
A written set of questions requiring written answers from a plaintiff or defendant under oath. |
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in vitro fertilization (IVF) |
Fertilization that takes place outside a woman's body, literally, “in glass,” as in a test tube. |
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involuntary euthanasia |
The act of ending a terminal patient's life by medical means without his or her permission. |
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jurisdiction |
The power and authority given to a court to hear a case and to make a judgment. |
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just cause |
An employer's legal reason for firing an employee. |
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justice |
What is due an individual. |
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law |
Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. |
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law of agency |
The law that governs the relationship between a principal and his or her agent. |
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legal precedents |
Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by legislation. |
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liability insurance |
Contract coverage for potential damages incurred as a result of a negligent act. |
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liable |
Legally responsible or obligated |
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libel |
Expressing through publication in print, writing, pictures, or signed statements that injure the reputation of another. |
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licensure |
A mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors. |
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life expectancy |
The number of years an individual can expect to live, calculated from his or her birth. |
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life span |
The number of years an individual actually lives. |
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limited data set |
Protected health information from which certain specified, direct identifiers of individuals have been removed. |
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litigious |
Prone to engage in lawsuits. |
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living will |
An advance directive that specifies an individual's end-of-life wishes. |
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malfeasance |
The performance of a totally wrongful and unlawful act. |
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managed care |
A system in which financing, administration, and delivery of health care are combined to provide medical services to subscribers for a prepaid fee. |
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mature minors |
Individual in their mid- to late teens, who, for health care purposes, are considered mature enough to comprehend a physician's recommendations and give informed consent. |
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medical boards |
Bodies established by the authority of each state's medical practice acts for the purpose of protecting the health, safety, and welfare of health care consumers through proper licensing and regulation of physicians and other health care practitioners. |
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medical ethicists |
Specialists who consult with physicians, researchers, and others to help them make difficult ethical decisions regarding patient care. |
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medical examiner |
A physician who investigates suspicious or unexplained deaths. |
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medical management |
The management of patient care and populations. |
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medical practice acts |
State laws written for the express purpose of governing the practice of medicine. |
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medical record |
A collection of data recorded when a patient seeks medical treatment. |
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Medical Waste Tracking Act |
The federal law that authorizes OSHA to inspect hazardous medical wastes and to cite offices for unsafe or unhealthy practices regarding these wastes. |
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mentally incompetent |
Unable to fully understand all the terms and conditions of a transaction, and therefore unable to enter into a legal contract. |
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minimum necessary |
Term referring to the limited amount of patient information that may be disclosed, depending on circumstances. |
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minor |
Anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions. |
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misdemeanor |
A crime punishable by fine or by imprisonment in a facility other than a prison for less than one year. |
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misfeasance |
The performance of a lawful act in an illegal or improper manner. |
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moral values |
One's personal concept of right and wrong, formed through the influence of the family, culture, and society. |
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multipotent stem cells |
Stem cells that can become a limited number of types of tissues and cells in the body. |
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mutation |
A permanent change in DNA. |
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mutual assent |
An understanding and consent to the terms of an agreement by both parties for the contract to be legally valid. |
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National Childhood Vaccine Injury Act |
A federal law passed in 1986 that created a no-fault compensation program for citizens injured or killed by vaccines, as an alternative to suing vaccine manufacturers and providers. |
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National Vaccine Injury Compensation Program (VICP) |
A no-fault federal system of compensation for individuals or families of individuals injured by childhood vaccination. |
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National Organ Transplant Act |
Passed in 1984, a statute that provides grants to qualified organ procurement organizations and established an Organ Procurement and Transplantation Network (OPTN). |
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National Practitioner Data Bank (NPDB) |
A repository of information about health care practitioners, established by the Health Care Quality Improvement Act of 1986. |
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needs-based motivation |
Human behavior is based on specific human needs that must often be met in a specific order. Abraham Maslow is the best-known psychologist for this theory. |
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negligence |
An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would not or would have done in similar circumstances. |
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nonfeasance |
The failure to act when one should. |
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nonmaleficence |
As paraphrased from the Hippocratic oath, means the duty to “do no harm.” |
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Notice of Privacy Practices (NPP) |
A written document detailing a health care provider's privacy practices. |
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Occupational Exposure to Bloodborne Pathogen Standard |
An OSHA regulation designed to protect health care workers from the risk of exposure to bloodborne pathogens. |
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Occupational Safety and Health Administration (OSHA) |
Established by the Occupational Safety and Health Act, the organization that is charged with writing and enforcing compulsory standards for health and safety in the workplace. |
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occurrence insurance |
A type of liability insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy is in force, regardless of when the claim is made. |
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open access plan |
A managed care feature whereby subscribers may see any in-network health care provider without a referral. |
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palliative care |
Treatment of a terminally ill patient's symptoms to make dying more comfortable; also called comfort care. |
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parens patriae |
A legal doctrine that gives the state the authority to act in a child's best interest. |
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partnership |
A form of medical practice management system whereby two or more parties practice together under a written agreement specifying the rights, obligations, and responsibilities of each partner. |
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passive euthanasia |
The act of allowing a patient to die naturally, without medical interference. |
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Patient Protection and Affordable Care Act (PPACA) |
A federal law enacted in 2010, to expand health insurance coverage and otherwise regulate the health insurance industry. Many provisions of the law were scheduled to take effect in 2014 and 2015. |
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Patient Self-Determination Act |
A federal law passed in 1990 that requires hospitals and other health care providers to provide written information to patients regarding their rights under state law to make medical decisions and execute advance directives. |
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permissions |
Reasons under HIPAA for disclosing patient information. |
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persistent vegetative state (PVS) |
Severe mental impairment characterized by irreversible cessation of the higher functions of the brain, most often caused by damage to the cerebral cortex. |
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personalized medicine |
The products and services that leverage the science of genomics and proteomics and capitalize on the trends toward wellness and consumerism to enable tailored approaches to prevention and care. |
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pharmacogenomics |
The science that defines how individuals are genetically programmed to respond to drugs. |
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physician-hospital organization (PHO) |
A health care plan in which physicians join with hospitals to provide a medical care delivery system and then contract for insurance with a commercial carrier or an HMO. |
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plaintiff |
The person bringing charges in a lawsuit. |
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pluripotent stem cells |
Stem cells that can become almost all types of tissues and cells in the body. |
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point-of-service (POS) plan |
A health care plan that allows members to seek health care from nonnetwork physicians but pays the highest benefits for care when it is given by the primary care physician (PCP) or via a referral from the PCP. |
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precedent |
Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by a legislature; also known as case law. |
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preferred provider organization (PPO) |
A network of independent physicians, hospitals, and other health care providers who contract with an insurance carrier to provide medical care at a discount rate to patients who are part of the insurer's plan. Also called preferred provider association (PPA). |
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prescribe |
To issue a medical prescription for a patient. |
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primary care physician (PCP) |
The physician responsible for directing all of a patient's medical care and determining whether the patient should be referred for specialty care. |
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principle of utility |
Requires that the rule used to make a decision bring about positive results when generalized to a wide variety of situations. |
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privacy |
Freedom from unauthorized intrusion. |
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prior acts insurance coverage |
A supplement to a claims-made policy that can be purchased when health care practitioners change insurance carriers. |
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privileged communication |
Information held confidential within a protected relationship. |
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procedural law |
Law that defines the rules used to enforce substantive law. |
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prosecution |
The government as plaintiff in a criminal case. |
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protected health information (PHI) |
Information that contains one or more patient identifiers. |
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proteomics |
The study of the proteins that genes create or “express.” |
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protocol |
A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office. |
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public policy |
The common law concept of wrongful discharge when an employee has acted for the “common good.” |
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quality |
The degree of excellence of health care services offered. |
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quality assurance |
A program of measures taken by health care providers and practitioners to uphold the quality of patient care. Also called quality assurance. |
See quality improvement (QI) |
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quality improvement (QI) |
A program of measures taken by health care providers and practitioners to uphold the quality of patient care. Also called quality assurance. |
See quality assurance |
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reasonable person standard |
That standard of behavior that judges a person's actions in a situation according to what a reasonable person would or would not do under similar circumstances. |
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reciprocity |
The process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination. |
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registration |
A credentialing procedure whereby one's name is listed on a register as having paid a fee and/or met certain criteria within a profession. |
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release of tortfeasor |
A technical defense to a lawsuit that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit. |
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res ipsa loquitur |
Literally, “the thing speaks for itself”; a situation that is so obviously negligent that no expert witnesses need be called. Also known as the doctrine of common knowledge. |
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res judicata |
Literally, “the thing has been decided”; legal principle that a claim cannot be retried between the same parties if it has already been legally resolved. |
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respondeat superior |
Literally, “let the master answer.” A doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees' duties. |
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revocation |
The cancellation of a professional license. |
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right-to-know laws |
State laws that allow employees access to information about toxic or hazardous substances, employer duties, employee rights, and other workplace health and safety issues. |
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risk management |
The taking of steps to minimize danger, hazard, and liability. |
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role fidelity |
All health care practitioners have a specific scope of practice, for which they are licensed, certified, or registered, and from which the law says they may not deviate. |
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rule |
A document that includes the HIPAA standards or requirements. |
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safe haven laws |
State laws that allow mothers to abandon newborns to designated safe facilities without penalty. |
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self-determination (or autonomy) |
The word autonomy comes from the Greek words auto (self) and nomos (governance). It is generally understood as the capacity to be one's own person, to make decisions based on one's own reasons and motives, not manipulated or dictated to by external forces |
See autonomy. |
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self-insurance coverage |
An insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards. |
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Smallpox Emergency Personnel Protection Act (SEPPA) |
A no-fault program to provide benefits and/or compensation to certain individuals, including health care workers and emergency responders, who are injured as the result of the administration of smallpox countermeasures, including the smallpox vaccine. |
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sole proprietorship |
A form of medical practice management in which a physician practices alone, assuming all benefits and liabilities for the business. |
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stakeholders |
Those who have a vested interest in the health care industry in the United States, and in any efforts to reform the industry. |
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standard |
A general requirement under HIPAA. |
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standard of care |
The level of performance expected of a health care worker in carrying out his or her professional duties. |
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State Children's Health Initiative Program (SCHIP) |
A program enacted by the Balanced Budget Act of 1997 to help low-income children under 19 who are not covered by Medicaid. |
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state preemption |
If a state's privacy laws are stricter than HIPAA privacy standards, state laws take precedence. |
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statute of frauds |
State legislation governing written contracts. |
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statute of limitations |
That period of time established by state law during which a lawsuit may be filed. |
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statutory law |
Law passed by the U.S. Congress or state legislatures. |
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stem cells |
Cells that have the potential to become any type of body cell. |
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subpoena |
A legal document requiring the recipient to appear as a witness in court or to give a deposition. |
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subpoena duces tecum |
A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit. |
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substantive law |
The statutory or written law that defines and regulates legal rights and obligations. |
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summary judgment |
A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial. |
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summons |
A written notification issued by the clerk of the court and delivered with a copy of the complaint to the defendant in a lawsuit, directing him or her to respond to the charges brought in a court of law. |
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surety bond |
A type of insurance that allows employers, if covered, to collect up to the specified amount of the bond if an employee embezzles or otherwise absconds with business funds. |
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surrogate mother |
A woman who becomes pregnant, usually by artificial insemination or surgical implantation of a fertilized egg, and bears a child for another woman. |
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tail coverage |
An insurance coverage option available for health care practitioners: When a claims-made policy is discontinued, it extends coverage for malpractice claims alleged to have occurred during those dates that claims-made coverage was in effect. |
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technical defenses |
Defenses used in a lawsuit that are based on legal technicalities. |
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telemedicine |
Remote consultation by patients with physicians or other health professionals via telephone, closed-circuit television, or the Internet. |
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teleological (or consequence-oriented) theories |
Consequence-oriented or teleological theories judge the rightness of a decision based on the outcome or predicted outcome of the decision. |
See consequence-oriented (or teleological) theories. |
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terminally ill |
Referring to patients who are expected to die within six months. |
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tertiary care settings |
Those care settings providing highly specialized services. |
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testimony |
Statements sworn to under oath by witnesses testifying in court and giving depositions. |
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thanatology |
The study of death and of the psychological methods of coping with it. |
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third-party payer contract |
A written agreement signed by a party other than the patient who promises to pay the patient's bill. |
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tort |
A civil wrong committed against a person or property, excluding breach of contract. |
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tortfeasor |
The person guilty of committing a tort. |
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transaction |
Transmission of information between two parties for financial or administrative activities. |
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treatment, payment, and health care operations (TPO) |
A HIPAA term for qualified providers, disclosure of PHI to obtain reimbursement, and activities and transactions among entities. Treatment means that a health care provider can provide care; payment means that a provider can disclose PHI to be reimbursed; health care operations refers to HIPAA-approved activities and transactions. |
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Unborn Victims of Violence Act |
Also called Laci and Conner's Act, a federal law passed in 2004 that provides for the prosecution of anyone who causes injury to or the death of a fetus in utero. |
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Uniform Anatomical Gift Act |
A national statute allowing individuals to donate their bodies or body parts, after death, for use in transplant surgery, tissue banks, or medical research or education. |
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Uniform Determination of Death Act |
A proposal that established uniform guidelines for determining when death has occurred. |
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Uniform Rights of the Terminally Ill Act |
A federal statute passed in 1989 to guide state legislatures in constructing laws to address advance directives. |
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unintentional tort |
A civil wrong committed against a person or property, excluding breach of contract. |
See tort. |
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utilitarianism |
A person makes value decisions based on results or a rule that will produce the greatest balance of good over evil, everyone considered. |
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veracity |
Truth telling. |
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verification |
The requirement under HIPAA to verify any request as legitimate before protected health information is released. |
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virtue ethics |
Focuses on the traits, characteristics, and virtues that a moral person should have. |
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vital statistics |
Numbers collected for the population of live births, deaths, fetal deaths, marriages, divorces, induced terminations of pregnancy, and any change in civil status that occurs during an individual's lifetime. |
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void |
Without legal force or effect. |
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voidable |
Able to be set aside or to be revalidated at a later date. |
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voluntary euthanasia |
The act of ending a patient's life by medical means with his or her permission. |
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workers' compensation |
A form of insurance established by federal and state statutes that provides reimbursement for workers who are injured on the job. |
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wrongful death statutes |
State statutes that allow a person's beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence. |
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wrongful discharge |
A concept established by precedent that says an employer risks litigation if he or she does not have just cause for firing an employee. |
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xenotransplantation |
Transplantation of animal tissues and organs into humans. |
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