Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Welcome to HS101 Sara Udelhofen MBA, MT (ASCP), CT (ASCP), CCA (AHIMA) Medical Assistant Instructor phone Ideation*Relator*Repsonsibility*Futuristic*Arranger

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ HS101 Seminar Rubric GradeEvaluation CriteriaPoints A  Frequent interactions on concepts being discussed by students and instructor  Posts are on topic and contribute to the quality of the seminar  Student arrives on time and stays the entire seminar  Student supplies reference to back up comment % points B  Some interactions on concepts being discussed by students and instructor  Posts are generally on topic and contribute to the quality of the seminar  Student is tardy or leaves early 80-89% points C  Few interactions on concepts being discussed by students and instructor  Student is tardy and leaves early 70-79% points D  No interactions on concepts being discussed by students and instructor  Off topic conversations  Student attends less than half of the seminar  Student appears unfamiliar with seminar topic 60-69% points F  Off topic conversations and/or abusive or inappropriate behavior  No interactions with students and instructor  Student attends a fraction of the seminar <60% 0-11 points

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ HS101 Discussion Board Rubric Grade Evaluation Criteria Points A  Participates with the required number of relevant postings of required length  Initial response posted by Saturday; comments posted by Tuesday.  Consistently responds to postings  Consistently uses Standard American English with rare misspellings  Frequently attempts to motivate the group discussion  Presents creative approaches to topic  Accurately cites information % points B  Participates with the required number of relevant postings of required length  Initial response posted by Saturday; comments posted by Tuesday.  Postings reflect the reading and some outside source material but may not be accurately cited.  Consistently uses Standard American English with rare misspellings  Comments are logical and reflect critical thinking % points C  Participates with the required number of relevant postings of required length  Initial response posted by Saturday; comments posted by Tuesday.  Participates, but does not post anything that encourages others to respond to the posting.  Minimal grammatical or spelling errors are noted in posts  Opinions and ideas are stated clearly 70-79% points D  Participates with the required number of relevant postings  Initial response not posted by Saturday; comments posted by Tuesday.  Significant errors in spelling and/or grammar  Occasionally posts off topic  Posts do not meet length requirements 60-69% points F  Does not meet the required number of posts on time  Poor spelling and grammar appear in most posts  Posts topics which do not relate to the discussion content <60% 0-23 points

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Late Work Policy Extenuating Circumstances: If you have extenuating circumstances that prevent you from completing projects, quizzes, seminars or participating in the class, please contact the instructor to make alternative arrangements. The possibility of alternative arrangements is at the discretion of the instructor. Active communication is the key to overcoming any hurdles you may encounter during the term. It is your responsibility to inform the instructor (ahead of time, whenever possible) of extenuating circumstances that might prevent you from completing work by the assigned deadline. In those situations, we will work together to come up with a mutually acceptable alternative. Prior notification does not automatically result in a waiver of the late penalties. Please note that evaluation of extenuating circumstances is at the discretion of the instructor and documentation may be required for verification of the extenuating circumstance. Examples of extenuating circumstances may include but are not limited to: personal/family member hospitalization, death in the family, weather/environmental evacuation due to fire/hurricane, or active military assignment where internet connectivity is unavailable for a limited time period. Computer-related issues, internet connectivity issues and clinical blocks are not considered extenuating circumstances. Late Work Policy Students are expected to submit all outside-of-class assignments and projects on the due date as listed in the course syllabus. The University acknowledges that at times extenuating circumstances occur, so late work or alternative assignments will be accepted up to one week after the original due date. Ten percent (10%) will be deducted for any late assignment. The instructor may require an alternative version of the assignment be submitted.

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Why Study Law, Ethics, and Bioethics? Illegal is almost always unethical Basic understanding of law as it applies to medical practice is essential Helps protect employee and employer from lawsuits Assists medical professional in making decisions based on reason and logic rather than on just emotion

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ EthicsLawEtiquetteMorals

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Medical Law Addresses legal rights and obligations that affect patients and protect individual rights, including rights of health care employees Provides yardstick to measure actions Punishes unlawful actions

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Three-Step Ethics Model 1.Is it legal? 2.Is it balanced? 3.How does it make me feel?

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Seven-Step Model for Examining Ethical Dilemmas 1.Determine the facts 2.Define the precise ethical issue 3.Identify the major principles, rules, and values 4.Specify the alternatives 5.Compare values and alternatives 6.Assess the consequences 7.Make a decision

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Dr. Bernard Lo’s Clinical Model Gather information Clarify the ethical issues Resolve the dilemma

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Unit 2 Outcomes HS101-U2-1: Describe various health care roles. HS101-U2-2: List specific allied health credentials and licensures. HS101-U2-3: Illustrate how health care professionals provide care using a team approach. HS101-U2-4: Explore professional conduct in the health care field.

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Medical Practice and Allied Health Professionals Chapter 4

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Today’s Health Care Environment Major changes in past 15 years – Growth rate of older adults – Technological discoveries Preventative care and patient education stressed Government legislation Fixed-payment plans Third-party payers

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Ethical Considerations of Managed Care Wealthy may do better than poor patients Decent minimum standard of care to everyone Patients must be fully informed of consequences of obtaining health care elsewhere Bait-and-switch Profit more important than patient

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Types of Medical Practice Solo practice Sole proprietorship Partnership Associate practice Group practice Professional corporation

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Allied Health Professionals Licensed personnel – registered nurse – nurse practitioner – licensed practical nurse – pharmacist Certified personnel – physician assistant – medical assistant – medical transcriptionist – lab technician – lab technologist

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal Regulations Affecting the Medical Professional Chapter 8

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Equal Employment Opportunity and Employment Discrimination Government regulations regarding employment Includes laws that affect recruitment, placement, pay plans, benefits, penalties, and termination People must be judged primarily by job performance

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Employment-at-Will Concept Employment takes place at will of either employer or employee Employment may be terminated at will at any time for no reason Employee may quit at any time Exception for a specific employment contract in which employment cannot be terminated during contract period

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Title VII of the Civil Rights Act of 1964 Prohibits discrimination, or unfair treatment based on race, color, religion, sex, or national origin Several exceptions: certain religious-affiliated colleges, public officials and their staff Forbids discrimination in all aspects of patient care in institutions that receive federal financial assistance Makes sexual harassment a form of unlawful sex discrimination

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Civil Rights Act of 1991 Permits court to award both compensatory damages (for loss of income or emotional pain and suffering) and punitive damages (to punish the defendant and deter others from committing this action)

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Age Discrimination Act of 1978 Protects persons 40 and older against discrimination Applies to employers with 20 or more employees Mandatory retirement prohibited except for certain exempt executives

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Rehabilitation Act of 1973 Prohibits discrimination based on disability in institution that receives federal financial assistance

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Americans with Disabilities Act (ADA) of 1990 Prohibits employers who have more than 15 employees from discriminating against individual with disability Employer must make reasonable accommodations Exception if undue hardship for employer to make accommodations AIDS patients protected under this statute

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Employee Health and Safety Regulated by both federal and state laws State law may be stricter than federal but cannot be more lenient

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Occupational Safety and Health Act (OSHA) of 1970 Employer required by law to provide safe and healthy work environment Must protect worker against hazards Occupational Exposure to Bloodborne Pathogens Standards Standards refer to urine, stool, sputum, nasal secretions, vomitus, and sweat if there is visible evidence of blood

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Drug-Free Workplace Act of 1988 Employers contracting to provide goods or service to the federal government must certify that they maintain a drug-free workplace Employer must inform employee of intent to maintain drug-free workplace and of any penalties employee would incur for violation of policy

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Fair Labor Standards Act (FLSA) of 1938 Main statute regulating employee benefits Establishes minimum wage, requires pay for overtime, sets maximum hours employees can work Covers nonmanagement employees in for-profit and not-for-profit institutions Affects full-time hourly employees

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Unemployment Compensation Employers pay taxes into state compensation plan Covers employees unable to work through no fault of their own Provides temporary weekly payments for unemployed workers If fired for good cause, employee is not entitled to benefits

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Worker’s Compensation Act Protects workers and families from financial problems resulting from employment-related injury, disease, or death Employers pay into a fund to help cover costs when employee has work-related injury or disease Goal to get employee back to work as soon as possible

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Family and Medical Act (FMLA) of 1994 Allows mother and father to take leave of absence of up to 12 weeks in 12-month period when a baby is born Job or equivalent position must be available when employee returns to work Almost always, leave is without pay Also allows leave for own or family member’s medical or family-related situation

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Equal Credit Opportunity Act of 1975 Prohibits businesses from granting credit based on race or sex Women and minorities must be issued credit if they qualify for it

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Fair Debt Collection Practices Act of 1978 Prohibits unfair collection practices by creditors (institutions or persons who are owed money) Credit collection phone calls can be made only between 8 A.M. and 9 P.M., Monday through Friday Prohibits telephone harassment and threats

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Using a Collection Agency Professional collection agencies available when all other attempts to collect unpaid bills fail Agencies charge flat fee per account or percentage of amount collected Once patient is told account is going to collection agency, it must by law go Once account is turned over, no further collection attempts can be made by physician office or hospital

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Bankruptcy When unable to pay debts, may file for bankruptcy Provides some protection to debtors Establishes fair method for distribution of debtor’s assets to all creditors Assets placed in special fund by court- appointed trustee, then distributed according to predetermined method

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal Wage Garnishment Law of 1970 Garnishment: court order requires employer to pay a portion of employee’s paycheck directly to one of employee’s creditors until debt is resolved Restricts amount of paycheck that can be used to pay off a debt

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ The Statute of Limitations Defines how long medical practice has to file suit to collect on past-due account Important to attempt any debt collection as soon as possible

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ National Labor Relations Act (NLRA) of 1935 Gives employees right to form and join unions, to bargain collectively, and to strike for better benefits and working conditions Purpose of law is to protect employees Establishes rights for both employees and employers, and defines some prohibitive acts by employers, called unfair labor practices

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Labor Management Relations Act (LMRA) Seeks to protect employers and employees by balancing power fairly between unions and management Lists things that unions cannot do

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Labor Rights Election: held under supervision of NLRB Effective hiring practices: can improve quality of employees by using effective screening process before actual hiring Legal and illegal interview questions: strict guidelines on types of questions that can be asked during an interview

Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Student Responsibilities Unit 2 – Post to the Discussion Board – Participate in Seminar or complete Option 2 – Complete Unit 2 Quiz Project (55 points) Due EOD Unit 3 – Post to the Discussion Board – Participate in Seminar or complete Option 2 Due EOD Unit 4 – First Project (120 points) Due