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1.04:PP4 1.04:PP4 Patient Patient Rights Rights
LegislationLegislation
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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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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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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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
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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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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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
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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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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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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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
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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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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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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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