Employee Legal Handbook with Annotated Bibliography
hphompsonrda
port_ms_wk5_ppt-_edited.pptx
Legal Principles
Non- Malfeasance- Do no harm
The legal principles are rules of human behavior that used to be considered as just, before the law started being written.
The ethical category of Non-Malfeasance represents the doctor’s try to avoid any act or treatment plan that would hurt the patient or violate the patient’s trust, and has been popularized in the phrase “first, do no harm.” Non-Malfeasance is supported through discretion and avoidance. It is critically important that the specialist provider of highly persistent treatments uphold Non-Malfeasance.
(Rodak, 2012)
Beneficence- Promote the welfare of others
Beneficent actions and motives have usually occupied a middle place in morality. Ordinary examples today are found in social welfare programs, policies to improve the welfare of animals etc.
Distributive Justice- All involved should have equal entitlements
The economic structure that each society has its laws, institutions, policies, etc. results in different distributions of economic benefits and burdens across members of the society. These economic frameworks are the result of human political processes and they continually change both across societies and within societies over time.
Autonomy- non influenced decisions for both patients and physicians
The term “autonomy” has appeared more and more often in the medical literature. According to this interpretation of autonomy, the goal for an autonomous person is to decide on his or her own, without undue manipulation by others.
One of the first empirical papers in medical decision making on patient autonomy thus linked autonomy to the question of whether patients wanted to make decisions themselves. In the descriptive medical decision making literature, this meaning has become the default.
The patient described in the informative model from the well known paper of Emanuel and Emanuel corresponds with an autonomous patient in this sense.
Healthcare Rights
Non- Discrimination- race, religion, sexual orientation
In human social affairs, discrimination is treatment or consideration of, or making a difference in favor of or against, a person or thing based on the group, class, or category to which that person or thing is apparent to belong to rather than on individual merit. This includes treatment of an individual or group, based on their real or perceived membership in a certain group or social group.
(Lamont, 2016)
Credentialing/ Scope of Practice
When you go for health care, identity matters a lot. You need to verify certain proofs. Following are the things that you need:
Verification of identity
(NAMSS, n.d.)
Legal Employment Qualifications
The Immigration Reform and Control Act of 1986 (IRCA) required employers to verify that all newly hired workers present "facially valid" documentation verifying the employee's identity and legal authorization to accept employment in the United States. The I-9 form or more properly the Employment Eligibility Verification Form is provided by the federal administration for that reason. Employees must complete Section 1 of the form at the actual start of employment. The employer must complete Section 2 within three days of preliminary work.
(Hero, 2011)
Employment discrimination law in the United States derives from the common law, and is codified in frequent state and federal laws. These laws forbid discrimination based on certain characteristics or secluded categories.
The United States Constitution also prohibits discrimination by federal and state governments against their public employees.
Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, endorsement policies, training, reimbursement and disciplinary action.
(Hero, 2011)
HIPAA
HIPAA (Health Insurance Portability and Accountability Act of 1996) is United States legislation that provides data privacy and safety provisions for safeguarding medical information. The act, which was signed into law by President Bill Clinton in August 1996, contains five sections, or titles:
HIPAA Title I protects health insurance coverage for individuals who lose or change jobs. It also prohibits group health plans from denying coverage to individuals with specific diseases and pre-existing conditions, and from setting lifetime coverage limits.
(Rouse, n.d.)
HIPAA Title II directs the U.S. Department of Health and Human Services to establish national standards for processing electronic healthcare transactions. It also requires healthcare organizations to implement secure electronic access to health data and to remain in compliance with privacy regulations set by HHS.
HIPAA Title III includes tax-related provisions and guidelines for medical care.
HIPAA Title IV further defines health insurance reform, including provisions for individuals with pre-existing conditions and those seeking continued coverage.
HIPAA Title V includes provisions on company-owned life insurance and treatment of those who lose their U.S. citizenship for income tax purposes.
(Rouse, n.d.)
Consent
Role in patient decision making process
The clinical decision is a process which includes both the clinical diagnosis and appraisal and the decision on what to do.
In addition, the decision-making process in nursing clinical practice is understood as a series of decisions made by nurses in interaction with the patient concerning.
It should be noted that the term “patient decision" has been defined as a choice between alternatives in which the main matter is the choice of a exacting course of action .
(Thomson Reuters, n.d.)
Must be obtained for HIPAA disclosure
The HIPAA Privacy Rule establishes a foundation of Federal protection for personal physical condition information, carefully balanced to avoid creating unnecessary barriers to the release of quality health care.
The Rule generally prohibits a covered entity from using or disclosing protected health information unless official by patients, except where this prohibition would result in needless interference with access to quality health care or with certain other important public reimbursement or national priorities.
(Rouse, n.d.)
Must be obtained for procedures/ treatment
A physician must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent to proceed.
The concept is based on the principle that a physician has a duty to reveal information to the patient so he or she can make a sensible decision regarding treatment.
(Rouse, n.d.)
Legal Representation
Adult patients with capacity for health care decision-making should make their own healthcare decisions. This includes decisions to decline or withdraw care. Advanced age does not preclude decisional ability.
Plenary Guardian: A full or plenary legal guardian has the duty to assure the care and comfort of the ward within the limitations of their scheduled time, and the public or private resources accessible to a ward.
(Texas Department of Aging and Disability Services, n.d.)
Limited legal guardian has similar but fewer responsibilities when compared to a plenary legal guardian. The limited legal guardian may work out only those statutory duties which are specified in the Probate Court ruling.
Patient under 18 age: Minors should be informed and participate in their health care to the extent probable, but lack legal capacity for health care decisions unless certain exceptions apply.
Abuse Reporting
All health care organizations accept the responsibility to interfere in situations which threaten the general welfare of patients/residents. All cases of supposed abuse and neglect involving children, aged patients, and physically and mentally challenged patients are required by law to be reported.
Most abuse legislation is state-based legislation and may differ state by state.
Abuse is defined as physical, emotional or sexual injury and financial exploitation.
Neglect is defined as the negative response or failure to provide a person with the supplies of life including, but not limited to, food, shelter, clothing, and the provision of medical care.
(Detecting and Reporting Abuse, 2016)
Heather (H) - add how they report
Organizational Regulations
Staffing
Staffing is the practice of finding, evaluating and establishing a working relationship with future colleagues on a project and dismissal them when they are no longer needed. Staffing involves finding people, who may be hired or already working for the company or may be working for opposing companies.
Workers compensation
Workers' compensation health care networks contract with insurance companies and doctors and hospitals to treat injured employees. Except in emergencies and approved out-of-network referrals, staff whose employers are part of a network must use the network’s doctors, hospitals, and other health care providers to get care for a work-related injury. (TDI.texas.gov, 2016)
.
Malpractice coverage
A type of professional liability insurance purchased by health care professionals (and sometimes by other types of professionals, such as lawyers). This insurance coverage protects health care providers against patients who sue them under the assert that they were injured by the physician's negligent or deliberately harmful treatment decisions.
Self-disclosure- error in service
Self-disclosure is a process of communication by which one person reveals information about himself or herself to another. The information can be descriptive or evaluative, and can include thoughts, feelings, aspirations as well as one's likes, dislikes, and favorites.
(TDI.texas.gov, 2016)
End of Life
In medicine, nursing and the allied health professions, end-of-life refers to health care, not merely of patients in the final hours or days of their lives, but more broadly care of all those with a fatal illness or terminal disease condition that has become advanced, progressive and not curable.
End-of-life care requires a range of decisions, including questions of soothing care, patients' right to self-determination, medical experimentation, the ethics and efficacy of extraordinary or risky medical interventions, and the ethics and efficacy even of continued custom medical interventions.
(Aaronson, 2013)
The American Public Health Association –DNR
The American Public Health Association (APHA) is a Washington, D.C.-based professional organization for public health professionals in the United States.
The Associations defines itself as: "APHA champions the health of all people and all communities.
It defines its mission as: "Improve the health of the public and achieve equity in health status.
(Aaronson, 2013)
Future Implications
FMLA
The FMLA entitles eligible employees of covered employers to take amateur, job-protected leave for particular family and medical reasons with continuance of group health indemnity coverage under the same terms and circumstances as if the employee had not taken leave. Eligible employees are entitled to:
Twelve workweeks of leave in a 12-month period.
Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness.
(Hero, 2011)
Affordable Care Act
The Affordable Care Act provides Americans with better health security by putting in place complete health insurance reforms that will:
Expand coverage,
Hold insurance companies accountable,
Lower health care costs,
Guarantee more choice, and
Enhance the quality of care for all Americans.
The Affordable Care Act actually refers to two separate pieces of legislation — the Patient Protection and Affordable Care Act (P.L. 111-148) and the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152)
(Medicaid.gov, n.d.)
Mandatory health coverage or penalty
Millions of Americans have enroll in ACA-compliant health plans over the last three years, and the majority of those who purchased their coverage through the exchange are happy with both the price and the coverage. But clearly, not everyone is happy with the reforms or the individual permission that requires Americans to purchase health coverage.
Texas Interstate Healthcare Act
The Texas health insurance exchange will be federally run by HHS after Rick Perry decided not to run a state-based market in Texas. Texas has the highest percentage of uninsured in the country with 25% of Texans uninsured prior to open staffing 2015.
(hhs.gov, 2016)
References
Detecting and Reporting Abuse. (2016). Retrieved November 6, 2016, from Centralized Clinical Placement Online Orientation: http://www.mass.edu/mcncps/orientation/m1abuse.asp
Aaronson, R. H. (2013). Senate Approves End-of-Life Legislation. Retrieved 2016, from The Texas Tribune: https://www.texastribune.org/2013/04/18/lawmakers-grapple-end-life-legislation/
HealthCoverageGuide.org. (n.d.). Insured vs. Uninsured Costs Comparison. Retrieved November 6, 2016, from Health Coverage Guide: http://healthcoverageguide.org/helpful-tools/charts/insured-vs-uninsured-costs-comparison/
Hero, H. (2011). Hiring Workers: Employment Law Basics. Retrieved Novemeber 6, 2016, from Hero: http://topics.hrhero.com/hiring-workers-employment-law-basics/#
hhs.gov. (2016). 5 Years Later: How the Affordable Care Act is Working for Texas. Retrieved November 6, 2016, from Health and Human Services: http://www.hhs.gov/healthcare/facts-and-features/state-by-state/how-aca-is-working-for-texas/index.html
Lamont, J. a. (2016). Distributive Justice. Retrieved November 6, 2016, from Stanford Encyclopedia of Philosophy: http://plato.stanford.edu/entries/justice-distributive
Mahar, M. (2016, October). Will you owe a penalty under Obamacare? Retrieved November 7, 2016, from Health Insurance: https://www.healthinsurance.org/obamacare/obamacare-penalty-calculator/
Marberry, S. O. (2011). Accreditation, Certification, Licensure, Registration. Retrieved November 6, 2016, from Healthcare Design: http://www.healthcaredesignmagazine.com/article/accreditation-certification-licensure-registration
Medicaid.gov. (n.d.). Affordable Care Act. Retrieved November 7, 2016, from Medicaid.gov: https://www.medicaid.gov/affordable-care-act/index.html
NAMSS. (n.d.). The Ideal Credentialing Standards. Retrieved November 6, 2016, from NAMSS.org: http://www.namss.org/Portals/0/Regulatory/NAMSS%20Roundtable%20Credentialing%20Best%20Practice%20Criteria%20White%20Paper.pdf
Rodak, S. (2012). 10 Guiding Principles for Patient-Centered Care . Retrieved November 6, 2016, from Becker's Hopsitla Review: http://www.beckershospitalreview.com/quality/10-guiding-principles-for-patient-centered-care.html
Rouse, M. (n.d.). HIPAA (Health Insurance Portability and Accountability Act) . Retrieved November 6, 2016, from Search Data Managment: http://searchdatamanagement.techtarget.com/definition/HIPAA
Stiggelbout, A. M. (2004). Ideals of patient autonomy in clinical decision making: a study on the development of a scale to assess patients’ and physicians’ views. Retrieved November 6, 2016, from Journal of Medical Ethics: http://jme.bmj.com/content/30/3/268.full
TDI.texas.gov. (2016, May). Workers' Compensation Health Care Networks. Retrieved November 7, 2016, from Texas Department of Insurance: http://www.tdi.texas.gov/pubs/consumer/cb084.html
Texas Department of Aging and Disability Services. (n.d.). What is Guardianship? Retrieved November 6, 2016 , from Texas DADS: http://www.dads.state.tx.us/services/guardianship/
Texas Health Insurance Exchange. (2016). How the Texas Health Benefits Exchange Marketplace Works. Retrieved November 7, 2016, from Texas Health Insurance Exchange Guide: http://obamacarefacts.com/insurance-exchange/texas-health-insurance-exchange/
Thomson Reuters. (n.d.). Understanding Informed Consent - A Primer . Retrieved November 6, 2016, from Healthcare Find Law: http://healthcare.findlaw.com/patient-rights/understanding-informed-consent-a-primer.html
