Medical Law and Ethics Lesson 4: Medical Ethics

Medical Ethical Issues (do throughout classtime) Activity One ethical issue per student Read and discuss Keep an open mind 2

Lesson Objectives Lesson Objectives Upon completion of this lesson, students should be able to … List and discuss the main points of the AAMA Principles of Medical Ethics. Discuss what is meant by the medical assistant’s standard of care. 3

Lesson Objectives Lesson Objectives Upon completion of this lesson, students should be able to … Describe the Patient’s Bill of Rights. Explain the HIPAA guidelines concerning the patient’s right to privacy and confidentiality in the medical office. © 2009 Pearson Education 4

Creed of the AAMA I believe in the principles and purposes of the profession of medical assisting. I endeavor to be more effective. I aspire to render greater service. I protect the confidence entrusted to me. I am dedicated to the care and well-being of all people. I am loyal to my employer. I am true to the ethics of my profession. I am strengthened by compassion, courage, and faith. 5

Critical Thinking Question When might it be difficult to live up to this creed? 6

Medical Assistant’s Standard of Care Actions = legal consequences for the physician who employs you MA’s not held to the same standard of care as MD’s because : Different education 7

As a Medical Assistant, You Are NOT Expected to…. Diagnose Interpret tests Prescribe medications An MA must take caution to not do anything for which he or she is not trained and remain within the scope of his or her practice. 8

The Patient’s Bill of Rights See Handout The patient has the right to considerate and respectful care. The patient has the right to and is encouraged to obtain from physicians and other direct caregivers relevant, current, understandable information concerning diagnosis, treatment, and prognosis. 9

The Patient’s Bill of Rights The patient has the right to make decisions about the plan of care prior to and during the course of treatment and to refuse a recommended treatment or plan of care to the extent permitted by law and hospital policy and to be informed of the consequences of this action. 10

The Patient’s Bill of Rights The patient has the right to have an advance directive (such as a living will, health care proxy, or durable power of attorney for health care) concerning treatment or designating a surrogate decision maker with the expectation that the hospital will honor the intent of that directive to the extent permitted by law and hospital policy. The patient has the right to every consideration of privacy. 11

The Patient’s Bill of Rights The patient has the right to expect that all communications and records pertaining to his or her care will be treated as confidential by the hospital, except in cases such as suspected abuse and public health hazards when reporting is permitted or required by law. The patient has the right to review the records pertaining to his or her medical care and to have the information explained or interpreted as necessary, except when restricted by law. 12

The Patient’s Bill of Rights The patient has the right to expect that, within its capacity and policies, a hospital will make reasonable responses to the request of a patient for appropriate and medically- indicated care and service. The patient has the right to ask and be informed of the existence of business relationships among the hospital, educational institutions, other health care providers, or payers that may influence the patient’s treatment or care. 13

The Patient’s Bill of Rights The patient has the right to consent to or decline to participate in proposed research studies or human experimentation affecting care and treatment or requiring direct patient involvement, and to have those studies fully explained prior to consent. The patient has the right to expect reasonable continuity of care when appropriate and to be informed by physicians and other caregivers of available and realistic patient care options when hospital care is no longer appropriate. 14

The Patient’s Bill of Rights The patient has the right to be informed of hospital policies and practices that relate to patient care, treatment, and responsibilities. 15

HIPAA Health Insurance Portability and Accountability Act of 1996 Regulates the privacy of patient health information Was an effort to reduce the cost of health care and streamline the system 16

HIPAA objectives: Improve the portability of health insurance Combat fraud, abuse, and waste Simplify health insurance 17

Patient Rights Under HIPAA Right to a copy of the privacy notice Right to manage their medical records Right to limit how information is shared 18

Patient Rights Under HIPAA Right to view their health information Right to complain 19

HIPAA Training All medical office employees must undergo HIPAA training during their orientation 20

HIPAA Requirements Patient information may not be shared with others without written authorization 21

HIPAA Requirements computers must be secured! 22

HIPAA Requirements Faxes and e-mails must have a note stating that the information is confidential. If accidentally transmitted the recipient must immediately notify the office and destroy the information. 23

Critical Thinking Questions Why is confidentiality important? Should friends or family have access to a patient’s medical information? Why or why not? What confidentiality challenges does communications technology bring? 24

What Do You Do? When a physician performs a procedure that you strongly disagree with ethically (such as an abortion)? 25

Recommendations Discuss during the interview You may consider not taking the job Remember – the health and safety of the patient is always the priority 26

What Do You Do? When one of your patients expresses an opinion or belief with which you strongly disagree? When a coworker expresses an opinion or belief with which you strongly disagree? 27