Employee Legal Handbook with Annotated Bibliography

Legal Handbook Outline

I. Legal Principles

a. Non- Malfeasance- Do no harm

b. Beneficence- Promote the welfare of others

c. Distributive Justice- All involved should have equal entitlements

d. Autonomy- non influenced decisions for both patients and physicians

i. Present treatment plans

ii. Inform patients

II. Healthcare Rights

a. Non- Discrimination- race, religion, sexual orientation

b. Insured vs. Non- insured

i. Medicare

ii. Healthcare Reform

iii. Uninsured

III. Credentialing/ Scope of Practice

a. Proof of identity

b. Education verification

c. Continuing education

d. Professional licensure

IV. Legal Employment Qualifications

a. I-9- must be utilized to verify employment eligibilty

b. EEOC- framework for discrimination laws

i. Race, religion, maternity, disability

V. HIPAA

a. Company has a legal responsibility to protect patient privacy, and to do that, must keep patient information confidential and safeguard the privacy of that patient information.

b. Employee shall keep confidential and not disclose individually identifiable health information (as defined under the Health Insurance Portability and Accountability Act (“HIPAA”).

VI. Consent

a. Role in patient decision making process

b. Must be obtained for HIPAA disclosure

c. Must be obtained for procedures/ treatment

VII. Legal Representation

a. POA

i. Determines who has the right to consent to healthcare decisions on behalf of an individual

b. Guardian

i. For adults or minors

ii. Has the right to represent patient

VIII. Abuse Reporting

a. Patient abuse- legal and ethical obligation to report

b. Provider abuse- report malpractice,

IX. Organizational Regulations

a. Staffing

b. Employees hired to carry out specific tasks requiring a license must keep their licenses and credentials current and in good standing.

c. Workers compensation

d. Malpractice coverage

e. Self-disclosure- error in service

X. End of Life

b. Provide comfort and quality at EOL

XI. Federal/State Regulations and Future Implications in Healthcare Law

a. FMLA

b. Affordable Care Act

c. Mandatory health coverage or penalty

d. Texas Interstate Healthcare Act