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1.04:PP4 Patient Rights Legislation

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1.04:PP4 Patient Rights Legislation. Patient Rights Legislation. Patient’s Bill of Rights The Health Care Consumer Consumer Bill of Rights Consumer Responsibilities Omnibus Budget Reconciliation Act Patient Self-Determination Act - PowerPoint PPT Presentation
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Page 1: 1.04:PP4  Patient Rights Legislation

1.04:PP4 1.04:PP4 Patient Patient Rights Rights

LegislationLegislation

Page 2: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Patient Rights LegislationPatient Rights Legislation

A.A. Patient’s Bill of RightsPatient’s Bill of Rights

B.B. The Health Care ConsumerThe Health Care Consumer Consumer Bill of RightsConsumer Bill of Rights Consumer ResponsibilitiesConsumer Responsibilities

C.C. Omnibus Budget Reconciliation Omnibus Budget Reconciliation ActAct

D.D. Patient Self-Determination ActPatient Self-Determination Act

E.E. HHealth ealth IInsurance nsurance PPortability and ortability and AAccountability ccountability AAct (ct (HIPAAHIPAA))

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Page 3: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Patient’s Bill of Rights (1973, revised 1992)

• Rights that patients are entitled to Rights that patients are entitled to while in the care of a physician or in while in the care of a physician or in the hospitalthe hospital

• Includes:Includes:• Choice of providersChoice of providers• ConfidentialityConfidentiality• Information disclosureInformation disclosure• Participation in treatment decisionsParticipation in treatment decisions• RespectRespect

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Page 4: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

The Healthcare ConsumerThe Healthcare Consumer

March 1998, Advisory Commission on March 1998, Advisory Commission on Consumer Protection and Quality in HC Consumer Protection and Quality in HC Industry outlined the Consumer Bill of Industry outlined the Consumer Bill of Rights and Responsibilities.Rights and Responsibilities.

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Page 5: 1.04:PP4  Patient Rights Legislation

The Healthcare ConsumerThe Healthcare Consumer

PurposePurpose

Build consumer confidenceBuild consumer confidence Support the HCP and pt-provider Support the HCP and pt-provider

relationshiprelationship Emphasize the role of the consumer Emphasize the role of the consumer

with regard to health improvementwith regard to health improvement

1.04 Understand legal and ethical issues 5

Page 6: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Consumer Bill of RightsConsumer Bill of Rights

Information disclosureInformation disclosure Choice of providers Choice of providers Access to emergency servicesAccess to emergency services Participation in treatment decisionsParticipation in treatment decisions Respect and nondiscriminationRespect and nondiscrimination Confidentiality of health informationConfidentiality of health information Complaints and appealsComplaints and appeals

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Page 7: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Consumer ResponsibilitiesConsumer Responsibilities

1.1. Healthy habitsHealthy habits

2.2. Participate in healthcare decisionsParticipate in healthcare decisions

3.3. Communicate relevant information to Communicate relevant information to healthcare providerhealthcare provider

4.4. Avoid knowingly spreading diseaseAvoid knowingly spreading disease

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Page 8: 1.04:PP4  Patient Rights Legislation

Consumer ResponsibilitiesConsumer Responsibilities

5.5. Recognize the risks and limits of Recognize the risks and limits of medical caremedical care

6.6. Know about healthcare insurance planKnow about healthcare insurance plan

7.7. Show respectShow respect

8.8. Make effort to pay your billsMake effort to pay your bills

9.9. Report fraud or wrongdoingReport fraud or wrongdoing

1.04 Understand legal and ethical issues 8

Page 9: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Patient Rights LegislationPatient Rights Legislation

The HC Consumer Bill of Rights is The HC Consumer Bill of Rights is used to develop HC insurance plans.used to develop HC insurance plans.

The HC Consumer must be familiar The HC Consumer must be familiar with their rights and responsibilities.with their rights and responsibilities.

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Page 10: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Patient Self-Determination Act (1990)

HC agency receiving Federal Aid HC agency receiving Federal Aid must inform a pt about advanced must inform a pt about advanced directives at admissiondirectives at admission

HC agency must provide education HC agency must provide education for staff for staff

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Page 11: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Omnibus Budget Reconciliation Act (1987)

1.1. Regulates long term care and home Regulates long term care and home healthhealth

2.2. Requires nurse aide Requires nurse aide training/certification for nursing and training/certification for nursing and geriatric assistantsgeriatric assistants

3.3. States specific skills to be masteredStates specific skills to be mastered

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Page 12: 1.04:PP4  Patient Rights Legislation

Omnibus Budget Reconciliation Act

(1987)

4.4. Requires continuing education, and Requires continuing education, and work evaluationswork evaluations

5.5. Requires retraining and/or testing if Requires retraining and/or testing if unemployed for 2 or more years unemployed for 2 or more years

6.6. Limits use of restraintsLimits use of restraints

1.04 Understand legal and ethical issues 12

Page 13: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Nursing Home Reform Act (1990)

Pt must be fully evaluated upon Pt must be fully evaluated upon admission admission

HealthHealth MemoriesMemories Habits Habits HobbiesHobbies

A plan of care must be written and A plan of care must be written and maintainedmaintained

Must have annual re-evaluationMust have annual re-evaluation

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Page 14: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Health Insurance Portability and Accountability Act (HIPAA)

(1996)

Protects the individual medical Protects the individual medical information of a pt and includes:information of a pt and includes: NameName AddressAddress DiagnosisDiagnosis billing informationbilling information

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Page 15: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

HIPAA

Gives pt more control over their health Gives pt more control over their health informationinformation

Sets boundaries on the use and release of Sets boundaries on the use and release of health recordshealth records

Establishes safeguards to protect recordsEstablishes safeguards to protect records Punishes violatorsPunishes violators Enables pts to make choicesEnables pts to make choices Gives pts the right to obtain a copy of their Gives pts the right to obtain a copy of their

recordsrecords

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1.04 Understand legal and ethical issues

HIPAA Permits release of information needed Permits release of information needed

to protect public healthto protect public health

Exempt information:Exempt information: births and deathsbirths and deaths Injuries caused by violenceInjuries caused by violence Communicable diseasesCommunicable diseases Sexually transmitted diseasesSexually transmitted diseases

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Page 17: 1.04:PP4  Patient Rights Legislation

1.04 Understand legal and ethical issues

Patient Rights LegislationPatient Rights Legislation

Patient’s Bill of RightsPatient’s Bill of Rights The Healthcare ConsumerThe Healthcare Consumer

Consumer Bill of RightsConsumer Bill of Rights Consumer ResponsibilitiesConsumer Responsibilities

Omnibus Budget Reconciliation Omnibus Budget Reconciliation ActAct

Patient Self-Determination ActPatient Self-Determination Act HHealth ealth IInsurance nsurance PPortability and ortability and

AAccountability ccountability AAct (ct (HIPAAHIPAA)) 17


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