1. Legal and Ethical Responsibilities
Chapter 05
Legal and Ethical
Responsibilities

2. 5:1 Legal Responsibilities
Laws and legal responsibilities protect you and society
Criminal law
Wrongs against person, property, society
Civil law
Relationships between people, protection of person’s rights

3. Torts Wrongful act that does not involve a contract Malpractice
Negligence
Assault and battery
Invasion of privacy

4. Torts
False imprisonment
Abuse
Defamation
Slander
Libel

5. Contracts Components of contract Implied or expressed Offer Acceptance
Consideration
Implied or expressed

6. Contracts Contracted parties must be free of legal disability
Breach of contract
Use translator/interpreter with non-English-speaking party
Principal and agent

7. Privileged Communications
All information from a patient must be kept confidential
Can only be released with a patient’s written consent (unless exempt information)
Health care records are privileged

8. Privacy Act
Health Insurance Portability and Accountability Act (HIPAA) of 1996
Standards for Privacy of Individually Identifiable Health Information (called the Privacy Rule)
Patients must sign a consent form

9. Privacy Act Written authorization for release of information
Refer to Figures 5-4 and 5-5 in text
Health care workers must protect privacy and confidentiality of patients’ health care records

10. Regulation of Health Care Providers
Scope of practice
What each level of care a provider is legally able to perform
Failure to abide by scope of practice can result in suspension or loss of license

11. 5:2 Ethics
Set of principles dealing with what is morally right or wrong
Provide a standard of conduct or code of behavior
Help health care workers analyze information and make appropriate decisions

12. 5:2 Ethics Ethical dilemmas Euthanasia
Confidentiality of AIDS diagnosis
Use of aborted fetuses in research
Continuing life support
Expensive treatments and payment

13. 5:2 Ethics Ethical dilemmas Transplant decisions
Legal issues with medical marijuana use
Animals and research
Genetic research
Cloning
Stem cell research

14. 5:2 Ethics Basic principles Save lives and promote health
Patient comfort
Respect a patient’s right to die peacefully and with dignity
Treat all patients equally
Provide the best care possible for every patient

15. 5:2 Ethics Basic principles Maintain competent skills and knowledge
Stay up-to-date and pursue continuing education
Respect rules of confidentiality
Refrain from immoral, unethical, and illegal practices

16. 5:2 Ethics Basic principles
Show loyalty to patients, coworkers, and employers
Be sincere, honest, and caring
Learn and abide by the code of ethics for your chosen career

17. 5:3 Patients’ Rights
Agencies must have written policies for patients’ rights
All personnel must respect and honor these rights
DHHS implemented Consumer Bill of Rights and Responsibilities

18. 5:3 Patients’ Rights
Residents of long-term care facilities have rights guaranteed under the Omnibus Budget Reconciliation Act (OBRA) of 1987
Long-term care facilities must post a Resident’s Bill of Rights

19. 5:3 Patients’ Rights
Patient Protection and Affordable Care Act (PPACA)
Guarantees rights related to health care coverage
Coverage of essential health benefits
Preventive care
Coverage if a preexisting condition exists
Coverage up to age 26 on parent’s plan
“Pre-existing” changed to “preexisting”

20. 5:3 Patients’ Rights
Patient Protection and Affordable Care Act (PPACA)
Choose any participating primary care provider
No preauthorization for emergency care
No annual lifetime limits on benefits
No arbitrary withdrawal or cancellation of coverage

21. 5:3 Patients’ Rights
Patient Protection and Affordable Care Act (PPACA)
Appeal decisions for denial of services
Outside review if denied payment or termination of coverage
Refund a percentage of premiums based on percentage of premiums paid on health care versus administrative costs

22. 5:3 Patients’ Rights
Patient Protection and Affordable Care Act (PPACA)
Refund a percentage of premiums based on percentage of premiums paid on health care versus administrative costs

23. 5:4 Advance Directives for Health Care
Also known as legal directives
Allow individuals to state desired and undesired medical treatment in the event of incapacitation
Legal document

24. 5:4 Advance Directives for Health Care
Two main directives
Living will
Designation of Health Care Surrogate or a Durable Power of Attorney (POA) for Health Care (refer to Figure 5-8 in text)

25. 5:4 Advance Directives for Health Care
Patient Self-Determination Act (PSDA) of 1990
Health care workers must be aware of and honor advance or legal directives
Health care workers should consider preparing their own advance directives

26. 5:5 Professional Standards
Perform only those procedures for which you have been trained and are legally permitted to do
Use approved, correct methods while performing any procedure
Obtain proper authorization before performing any procedure

27. 5:5 Professional Standards
Identify the patient
Obtain the patient’s consent
Observe safety precautions
Keep all information confidential
Think before speaking, consider what you say
Treat all patients equally

28. 5:5 Professional Standards
Do not accept tips or bribes for care you provide
If an error or a mistake occurs, report it immediately to your supervisor
Behave professionally in dress, language, manners, and actions

29. 5:5 Professional Standards
Liability insurance provides additional protection in case of legal action
It is your responsibility to understand legal and ethical requirements of your career
Obtain pertinent information from your state board of health or education