LEGALITIES IN HEALTH CARE

 First adopted by the American Hospital Association in 1973  Revised in 1992 PATIENTS’ BILL OF RIGHTS

 1. Receive considerate and respectful care  2. Receive complete current information concerning his/her diagnosis, treatment, and prognosis.  3. Receive information necessary to give informed consent prior to the start of any procedure and/or treatment.  4. Refuse treatment to the extent permitted by law.  5. Receive every consideration of his or her privacy.  HIPAA (Health Insurance Portability and Accountability Act)  6. Be assured of confidentiality.  7. Obtain reasonable responses to requests for services.  8. Obtain information about his or her health care.  9. Know whether treatment is experimental.  10. Expect reasonable continuity of care.  11. Examine his/her bill and have it explained.  12. Know which hospital rules and regulations apply to patient conduct. RIGHTS—IN SUMMARY

 Informed Consent: a legal condition in which a person agrees to terms after he or she understands all the facts and implications of an event or action

 To follow any instructions given by the physician and to cooperate as much as possible.  To give all relevant information to the physician in order to reach a correct diagnosis  If an incorrect diagnosis is made because the patient fails to give the physician proper information, the physician may not be liable.  To follow the physician’s orders for treatment, provided the treatment meets the accepted standard of care.  If patient willfully or negligently fails to follow the physician’s instructions, that patient may have little legal recourse.  To pay fees charged for services rendered. PATIENT RESPONSIBILITIES

 HIPAA  Health Insurance Portability and Accountability Act  Law regulating the sharing of medical information  Information in medical records  Conversations between health providers about patient care of treatment  Health insurance information  Patient billing information  Most other information about patient health  However, there are exceptions  Suspected fraud, births, deaths, injuries caused by violence  Drug abuse, communicable disease, and STDs LEGISLATION

 Advanced Directives  A legal contract designed o help patients communicate their wishes about medical treatment at a time in which illness/injury makes them unable to make their wishes known  Two types  Living Wills  Healthcare Durable Power of Attorney LEGISLATION

 Legal document prepared by a patient  Instruction about the health care to be provided if the patient becomes terminally ill or falls into a permanent coma or vegetative state  Specifies life support  Feeding tubes  IV hydration  Resuscitation LIVING WILLS

 A patient can legally appoint a health care professional, family member, or friend to make health care decisions on behalf of the patient  Goes into effect when the patient can no longer think clearly or communicate  Patient regains the right to make health care decisions when they are able to communicate POWER OF ATTORNEY

 Guaranteed rights under Omnibus Budget Reconciliation Act (OBRA) of 1987  Rights must be posted and visible in all long-term care facilities LONG-TERM CARE BILL OF RIGHTS

 PARAPHRASE the following:  Free choice regarding physician, treatment, care, and participation in research  Freedom from abuse and chemical/physical restraints  Privacy and confidentiality  Accommodation of needs and choice regarding activities, schedules, and health care  Voice grievances without fear of retaliation or discrimination  Organize and participate in family/resident groups and in social/religious/community activities  Information on medical benefits, records, survey results and deficiencies of the facility and advocacy groups who check on resident care and violation of rights  Manage personal funds and use personal possessions  Unlimited access to immediate family or relatives LTCBOR

COMPARE AND CONTRAST

 What do you notice about the difference between the two Bills of Rights  Why do you think the LTRBoR specifies rights about belongings and family members, while this is omitted from the PBoR? Aren’t residents patients as well? POST-COMPARISON QUESTIONS