Legal And Ethical Aspects Of Health Information Management 5th Edition Dana C. McWay - Solutions

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Why should health care providers be aware of bioethical issues?
Name the ethical concepts at issue concerning the access of minors to contraception.
What ethical concerns are expressed about prenatal ethics?
What ethical concepts underlie the ethical precautions used in not disclosing HIV/AIDS status on a routine basis?
In what contexts does GINA provide protection of genetic information?
What ethical concepts are used to address the scarcity of organs to be used in human transplants?
What does the term advance directives mean? Provide examples.
What are the general principles of risk management?
What events influenced the development of risk management?
How does a properly documented health record reduce the risk of a health care facility?
Compare and contrast the ready availability of a health record in the risk management context.
How does the concept of patient confidentiality relate to the concept of reducing risk?
What is an incident report?
What purposes are served by an incident report?
What are the advantages of completing an incident report as soon as practicable after an incident?
How does discovery differ from admissibility in the context of incident reports?
What is a privilege, and how can it be waived?
How does quality management differ from risk management?
What are the aims of peer review statutes?
Explain the concept of a peer review committee and its duties.
How do peer review statutes differ?
What is the National Practitioner Data Bank, and how does a health care institution use the data it contains?
What is the focus of utilization management?
Why should a health information professional possess a fundamental understanding of the law?
How does contract law differ from tort law?
How do substantive law and procedural law differ?
Does a single document or source of law exist where an individual can find all of the rules governing health information?Why or why not?
How does the content of state constitutions compare with the content of the U.S. Constitution?
What are the three levels at which statutes governing health information are found?
Describe the difference between licensure and certification of a health care professional.
Explain the concepts of stare decisis and res judicata.
When does an executive order have the effect of law?
What must both houses in the legislature do before a bill is sent to the chief executive for signature?
What is the function of the judicial branch of government?
What are the legal uses of the health record?
Are the entries made in the health record ordinarily subject to cross-examination? Why or why not?
How is a foundation established to admit a health record into evidence?
How is trustworthiness established to admit a health record into evidence?
What questions are typically presented to the custodian of records in order to introduce a health record into evidence?
What legal processes may be used to remove the health record from the health care provider’s safekeeping?
What are the different forms of privilege?
Why is the physician–patient privilege useful?
What are exclusions?
Compare and contrast a subpoena, a subpoena ad testificandum, and a subpoena duces tecum.
How are court orders different from subpoenas?
Should the health information professional assume that each subpoena presented requires the release of the information requested? Why or why not?
Why is it difficult to preserve ESI?
What is a litigation plan?
A health information professional has three options to respond to a subpoena. Name these three options.
How should the health information professional handle an invalid subpoena duces tecum?
How do the principles of liability influence the health information professional’s role in protecting health information?
When do the physician–patient and hospital–patient relationships begin?
How does the hospital–physician relationship differ from the physician–patient and hospital–patient relationships?
What are the requirements of the Emergency Medical Treatment and Active Labor Act that hospitals must meet?
What are medical staff privileges, and how are they determined?
Compare and contrast negligence and medical malpractice.
What are the elements of a negligence claim?
What is meant by the term standard of care?
What are the different methods one can use to establish the standard of care?
What is the role of an expert witness in a negligence claim?
What are the purposes of nominal damages, actual damages, and punitive damages?
How does the principle of res ipsa loquitur fit into the context of negligence?
How does vicarious liability differ from corporate negligence?
What is the failure to warn theory, and how may it be exercised in the context of a dangerous patient?
How does assault differ from battery?
What are the differences between defamation, invasion of privacy, and medical abandonment?
How does a claim for nonperformance of a contract differ from a claim of improper performance of a contract?
How can the use of social media in health care present risks of liability?
Compare and contrast the defenses commonly raised in lawsuits involving health care providers.
How does comparative negligence differ from contributory negligence?
How can one distinguish between legal and ethical issues?
What are the concepts of ethics, morals, etiquette, and law based on?
Is it ever appropriate to curb a person’s autonomy?
What is the double-effect principle?
When is the best-interest standard most frequently used?
How does comparative justice differ from distributive justice?
Are all rights recognized universally across the globe?
How does a cost–benefit analysis work?
What is the categorical imperative?
Compare the steps typically taken in the ethical decision-making process shown in Table 6.2 with the additional steps listed in the last section of the chapter.
State what is meant by the phrase “code of ethics.”
Why are codes of ethics important?
What role do patient rights play in ethical decision making?
Are ethical challenges ever clear-cut?
Name the three direct ethical roles that supervisors play in organizations.
Can methods used to finance health care influence ethics?
What are the most frequent ethical challenges in health information management?
How can health information professionals experience ethical challenges when dealing with third parties?
Compare and contrast the clinical uses of a health record with the secondary purposes of a health record.
How does a health record serve as a legal document?
Name the five sources that serve as legal requirement for health record content.
Does one need to look to both federal and state regulations to determine standards for health record content?
Is it legally proper for a physician in a group practice to sign medical entries made by another physician in the same practice?Why or why not?
How can an electronic health record be corrected?
Explain the concept of an amendment to the record under the HIPAA Privacy Rule.
What legal requirements apply to a record retention policy?
What is a certificate of destruction?
Why is a certificate of destruction important?
Will civil or criminal liability apply to a health care institution that destroys a record in other than the ordinary course? Why?
Do federal regulations decide how records involving treatment of alcohol and/or drug abuse should be handled when a health care facility closes?

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Legal And Ethical Aspects Of Health Information Management 5th Edition Dana C. McWay - Solutions

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