Questions and Answers of The Law Of Healthcare Administration

If a nurse knows that a piece of equipment is defective, should the nurse attempt to fix the problem? Discuss your answer.
Discuss why a nurse is not only a nurse, but also a patient advocate.
Describe the wide variety of legal issues that occur in the emergency department setting.
Discuss the purpose of the Emergency Medical Treatment and Active Labor Act.
Should medical advice be dispensed on the telephone? Explain your opinion.
Describe a variety of negligent errors that have application to all healthcare professionals.
Describe the purpose of certification and licensure, and list reasons for revocation of licenses.
Describe the importance of a multidisciplinary approach to patient care.
Explain the difference between consent and informed consent.
Discuss the differences among verbal, written, and implied consent.
Describe the role of the patient, physician, nurse, and hospital in obtaining informed consent.
Describe the theories under which the validity of consent might be proven.
Explain how consent differs among competent patients, minors, guardians, and incompetent patients.
Discuss under what circumstances a patient might refuse treatment.
Explain the available defenses for defendants as it relates to informed consent.
Can a patient consent to a procedure and then withdraw it? Discuss your answer.
Discuss under what circumstances parental consent for a minor might not be necessary.
Describe various forms of child abuse, how to recognize it, and reporting requirements.
Describe various forms of elder abuse, how to recognize it, and reporting requirements.
Discuss the importance of reporting births and deaths.
Explain why it is important to report communicable diseases, adverse drug reactions, and infectious diseases.
Explain how and why physician incompetency is reported.
Explain the importance of incident reporting, sentinel events, and the purpose of root cause analyses.
Describe the importance of information management planning.
Describe the importance and contents of medical records.
Explain the importance of maintaining complete and accurate records.
Discuss how the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act of 1996 safeguard a patient’s privacy.
Explain the ownership of and who can access a patient’s medical record.
Describe the advantages and disadvantages of electronic medical records.
Describe whys the medical record is important in legal proceedings.
Describe a variety of ways in which medical records have been falsified.
Explain what is meant by the medical record battleground.
Discuss the legal and ethical issues involved in Roe v. Wade.
Do you agree that individual states should be able to place reasonable restrictions or waiting periods? Who should determine what is reasonable?
Should a married woman be allowed to abort without her husband’s consent?
Give two arguments for and two arguments against partial-birth abortions.
Describe the various forms of sterilization.
Do you think Roe v. Wade is an example of legislating morality? Why or why not?
Do you agree that eugenic sterilization should be allowed? Why or why not?
Describe surrogacy and the legal and ethical issues that can arise.
Describe how wrongful birth, wrongful life, and wrongful conception differ.
Discuss what AIDS is and how it is contracted.
Discuss the privacy and confidentiality issues of HIV-positive patients.
Describe how those who contract AIDS are discriminated against.
Discuss why AIDS is a reportable disease.
Discuss what steps can be taken in the healthcare setting to help prevent the spread of AIDS.
Describe how patient autonomy has been impacted by case law and legislative enactments.
Discuss the following concepts: preservation of life with limits, euthanasia, advance directives, futility of treatment, withholding and withdrawal of treatment, and do-not-resuscitate orders.
Explain end-of-life issues as they relate to autopsy, organ donations, research experimentation, and clinical trials.
Describe how human genetics and stem cell research can have an impact on end-of-life issues.
Discuss the importance of genetic markers.
Explain the reason the Genetic Information Nondiscrimination Act was enacted.
Describe the rights of patients as reviewed in this chapter.
Describe the responsibilities of patients as reviewed in this chapter.
Discuss why a patient’s responsibilities are as important as his or her rights.
Describe what sexual harassment is and what forms it can take.
Discuss the employment-at-will doctrine.
Explain public policies that protect employees from unlawful discharge.
Discuss under what conditions unemployment compensation can be denied to a claimant.
Describe what is meant by retaliatory and constructive discharge and how to defend a claim for unfair discharge.
Describe under what circumstances employers often discharge an employee.
Describe effective hiring practices and the importance of clear communications.
Discuss why employment disclaimers are important to the employer.
Describe the rights and responsibilities of employees.
Discuss in what ways the rights and responsibilities of patients and employees are alike.
What is the purpose of an insurance policy?
Describe the conditions of an insurance policy.
What are the primary components of an insurance policy?
What are the primary categories of a risk?
What are the distinct parts of an insurance policy?
Under what circumstances should a healthcare professional self-insure?
Should a board member have personal liability insurance coverage?
Describe what acts a professional liability policy covers, as well as the risks it does not cover.
Discuss the purpose and various titles of the Patient Protection and Affordable Care Act of 2010 (PPACA).
Describe the purpose and process of utilization review.
Describe the common models of managed care organizations.
Describe the various court rulings involving PPACA.
Why did Congress pass the Health Care Quality Improvement Act of 1986?
Distinguish between portfolio (capital) investment and direct investment.
Distinguish between(a) a branch,(b) a subsidiary, and(c) a joint venture.
What are “performance requirements”?
What purposes are normally served by bilateral investment protection treaties?
What is meant by “collateral security”?
Why might a creditor choose not to take security for a debt?
In what way do security devices act as an incentive to repay one’s debts?
What are the principal types of security interest?
Why is a lease of personal property commonly treated as a security interest?
Distinguish between a chattel mortgage and a pledge.
What is the principal difference between a conditional sale agreement and a chattel mortgage?
How can a creditor obtain a security interest in property that the debtor does not yet possess?
What is a “floating charge”?
How is priority determined in the PPSA system?
What is the function of a “financing statement”?
What does it mean that a security interest must be “perfected”?
What is a “purchase-money security interest,” and why is it given special priority?
What allowance is made for a consumer buying goods from a seller in the business of selling those goods?
What types of loan receive special protection under the Bank Act?
How is a security interest protected under the Bank Act?
What objectives does the Bankruptcy and Insolvency Act seek to achieve?
What are the functions of the Superintendent of Bankruptcy, the Official Receiver, and the Trustee in Bankruptcy?

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