What is a Contract?What is a Contract? A voluntary A voluntary

agreement agreement between two or between two or more partiesmore parties

3 Parts of the Contract3 Parts of the Contract

► 1. 1. OfferOffer – – competent competent individual enters individual enters into a into a relationship with relationship with health care health care providers and providers and offers to be a offers to be a patientpatient

“Can I get an appointment with this doctor?”

3 Parts of the Contract3 Parts of the Contract►2. Acceptance2. Acceptance

– health care health care

provider gives provider gives an appointment an appointment or examines or or examines or treats a patienttreats a patient

3 Parts of the Contract3 Parts of the Contract►ConsiderationConsideration

– – payment payment made by the made by the patient for patient for services services providedprovided

2 Types of Contracts2 Types of Contracts►1. Implied1. Implied – –

gives rise to gives rise to contractual contractual obligations by obligations by some action or some action or inaction without inaction without verbally verbally expressed termsexpressed terms

2 Types of Contracts2 Types of Contracts►2. Expressed2. Expressed – –

actual agreement actual agreement between the between the parties, the terms parties, the terms are stated in are stated in distinct and distinct and explicit language, explicit language, either orally or in either orally or in writingwriting

VERY IMPORTANT FACT!VERY IMPORTANT FACT!

►All parties in a contract must be All parties in a contract must be free of free of Legal DisabilitiesLegal Disabilities. A . A person with legal disabilities person with legal disabilities DOES NOTDOES NOT have the legal have the legal capacity to form a contract!capacity to form a contract!

Types of Legal DisabilitiesTypes of Legal Disabilities►1. Minors1. Minors – –

anyone under anyone under age 18 or the age 18 or the age of the age of the majority, is majority, is called an called an “infant” under “infant” under the law.the law.

Types of Legal DisabilitiesTypes of Legal Disabilities►2. Mentally 2. Mentally

incompetent incompetent personspersons

Types of Legal DisabilitiesTypes of Legal Disabilities►33. Individuals . Individuals

under the under the influence of influence of drugs that alter drugs that alter the mental the mental statestate ( (Included Included prescription prescription drugs and drugs and alcohol)alcohol)

Types of Legal DisabilitiesTypes of Legal Disabilities►4. 4. Semi-Semi-

conscious or conscious or unconscious unconscious peoplepeople

Law of the AgencyLaw of the Agency► AgencyAgency - - is a is a

personal personal relationship created relationship created by the mutual by the mutual consent of:consent of:

► The The Agent Agent (employee) and(employee) and

► The Principal The Principal (employer)(employer)

Law of the AgencyLaw of the Agency►The employee acts on behalf of the The employee acts on behalf of the

principal while supervised by the principal while supervised by the principal. principal.

►The principal is responsible for the The principal is responsible for the actions of the agent and can be actions of the agent and can be required to compensate or pay people required to compensate or pay people who have been injured by the agent.who have been injured by the agent.

Law of the AgencyLaw of the Agency► Health care workers Health care workers

must be aware of must be aware of the role as agents the role as agents and work to protect and work to protect the interests of the the interests of the employeremployer

► Agency may be Agency may be expressed or expressed or implied, but is implied, but is usually implied in usually implied in health care.health care.

Privileged CommunicationPrivileged Communication► All information given to All information given to

health personal by a health personal by a patient is privileged patient is privileged communicaitoncommunicaiton

► Info cannot be told to Info cannot be told to anyone without written anyone without written consent of the patient. consent of the patient.

► By law – must be kept By law – must be kept confidentialconfidential

Written ConsentWritten Consent► Should state:Should state:► 1. What information 1. What information

can be releasedcan be released► 2. Who can get the 2. Who can get the

informationinformation► 3. Any time limits 3. Any time limits

related to the related to the release of release of informationinformation

Medical Information Exempt by Medical Information Exempt by LawLaw

►The following information is “exempt” The following information is “exempt” for privileged communication.for privileged communication.

►This means you must report it by law This means you must report it by law or you will be fined or sent to jailor you will be fined or sent to jail

Exempt InformationExempt Information► 1. Births and Deaths1. Births and Deaths► 2.Injuries caused by2.Injuries caused by

violence (abuse, violence (abuse, etc.)etc.)

► 3. Drug Abuse3. Drug Abuse► 4. Communicable 4. Communicable

DiseasesDiseases► 5. Sexually 5. Sexually

transmitted transmitted diseasesdiseases

The EndThe End