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| a worng or precieved wrong commited against a person or property - includes contract law, tort law, administrative law |
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| governs enforceable practices |
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| governs intentional or accidental acts that bring harm to a person or that damage property |
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| governs regulatios set forth by government agencies |
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| derived from customs of society and court decisions |
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| derived from agencies that enact state and federal law |
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| derived from the US Constitution |
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| derived from state and federal legislation |
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| a minor offense that usually results in only a fine |
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| violation of a law that includes as punishment a maximum imprisonment of no more than 1 year |
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| a major crime that includes as punishment imprisonment of more than 1 year |
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Clinical Laboratory Improvement Act of 1988
-identifies standards for laboratory testing
-all facilities that perform lab testing are subject to CLIA regulations |
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certificate of need
-process of obtaining approval to expand services based on needs of community |
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The Joint Commision
-accreditation of health care facilities |
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Occupational Safety and Health Administrative
-regulation of safety in the workplace |
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Americans with Disabilities Act
-sets up rules protecting people with physical or mental disability from being discriminated against |
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| In emergencies consent to treatment is implied as long as... |
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| intentional, unlawful attempt of bodily injury to another by force |
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| willful and unlawful use of force or violence (or touching) on another person |
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| Necessary Elements of a Contract |
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1. Offer - one party makes an offer
2. Acceptance - another party agrees to the offer made
3. Consideration - mutual exchange of something if value between the partues
4. Capacity - all parties must be legally able to make the offer and accept the terms
5. Legality - legal in nature and not against public policies |
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| Leter that a physician writes to terminate patient and physician contract must include |
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- reason why care is being terminated
- assurance that physician will turn over patient records as directed
- notice that patient should seek alternative care as soon as possible |
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| Duty, Derelict, Direct cause, Damages |
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| the damage exists in name only; token compensation |
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| actual damages suffered by the patient because of the physician's negligence |
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| damages above the actual damages suffered by the patient ; to punish the physician for negligent act |
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| the thing speaks for itself |
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| injury to a person's repution caused by a false statement by another person |
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| false or malicious writing against another person |
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| false or malicious oral statement against another person |
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| let the master answer - employers are liable for the conduct of their employees are performing within the scope of their employment |
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| creation of an intimidating, offensive, or hostile workplace resulting from unwelcome sexual conduct; interferes with a persons ability to perform job functions |
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| requires all employee records of hours worked to be continuously maintained |
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| Federal Insurance Contributions Act: Social Security tax - applied towards old age beefits |
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| Federal Unemployment Tax Act: tax to provide income during unemployment |
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| Payroll Reports and Forms: Form 944 |
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| employer's quarterly federal tax return, filed ever 3 months, with payment of quarterly tax due |
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| Payroll Reports and Forms: Form 8109 |
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| federal tax deposit book, used to pay FICA and federal income tax |
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| Payroll Reports and Forms: Form W-2 |
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| wage and tax statement, given to employees yearly , itemizing the wage earned and all taxes deducted from wages that year |
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| Payroll Reports and Forms: Form W-3 |
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| transmittal of income and tax statement, submitted to social security administration, compares W-2 with form 941 |
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| Payroll Reports and Forms: Form W-4 |
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| Employee's Withholding Allowance Certificate; employee decides the number of withholding allowances for the company to take out of wages earned, based on the number of dependants claimed |
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| Medical Examiner Must Be called in cases of death when? |
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violent or criminal activity death
death without a physician present
death from an undetermined cause
death with 24 hours of admission to a hospital or health care facility
death without prior medical care |
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| Communicable disease must be reported to? |
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| the county health department |
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| National Childhhod Vaccine Injury Act |
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requires providers who administer vaccines to report to the public health agencies:
-date administered
-lot # and manufacturer
-any adverse reactions
-name, title, and address of person administering vaccine |
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| Types of Abuse that must be reported |
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| 1. Child abuse 2. Spouse or deomestic abuse 3. Elder abuse 4. Drug abuse 5. Patient abuse in hopsital and nursing homes |
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| Types of Criminal Acts that must be reported: |
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1. injuries by weapons
2. assault
3. attempted suicide
4. rape (may require a release from the victim because of confidentiality) |
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| obligations or commitments to act in certain ways |
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| meeting the patient's expectations through respect, competence, adherence to laws, and honoring agreements |
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| sharing of benefits and burdens |
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| When can a physician's records be reproduced? |
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| Upon the physician's death, retirement, or sale of the physician's practice |
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| Health Insurance Portability and Accountability Act |
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| Under HIPAA, patients have the right to access their PHI - EXCEPT FOR |
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Definition
patients do not have the right to access psychotherapy notes, information complied for use in legal proceedings, or information exempted under CLIA.
Access may also be denied if health care provider has determined that the patient may be endangered by accessing information |
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