Educate the Educator Legal Issues in Healthcare

Competencies 5 and 6

5. Discuss how confidentiality must be maintained in healthcare facilities with clients and their medical records.

6. Explore legal issues such as sexual harassment, wrongful discharge, negligence, malpractice and violence in the workplace.

Legal Issues in Healthcare Competencies5 & 6

Competency 5Discuss how confidentiality must be maintained in

healthcare facilities with clients and their medical records.

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Competency 5

5. Discuss how confidentiality must be maintained in healthcare facilities with clients and their medical records.This competency consists of four units and learning activities.

A. Define confidentiality.B. Discuss examples of confidential informationC. Discuss with whom confidential information can be shared D. Define libel and slander.

Recommended Content The curriculum defines confidentiality as a client’s legal right to

privacy concerning their medical/personal affairs. Those areas in which confidentiality must be maintained are:

Patient’s personal history Patient’s medical history Patient’s diagnosis Patient’s treatment plan Patient’s prognosis

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Define and Examples

Unit 5A & 5B: Confidentiality

Clients have a legal right to privacy concerning their medical affairs.

Examples: The patientPatient Medical HistoryDiagnosisPatient Care ProceduresComputer info

Here are examples of confidentiality that students may not be aware of: Discuss client information only in appropriate places

Examples: not in elevators, cafeteria, etc. Never discuss patients with family or friends Discuss patients and their personal concerns only with those

directly involved in the patient's care.

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Unit 5C: Shared Information

HIPAA

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule 

The Office for Civil Rights enforces the HIPAA Privacy Rule, which protects the privacy of individually identifiable health information, and the confidentiality provisions of the Patient Safety Rule, which protect identifiable information being used to analyze patient safety events and improve patient safety. 

Discuss with whom?

1. Patients MUST give consent2. Only those involved with care3. NEVER in hallways, elevators, etc

Recommended Content To address libel and/or slander, defamation is defined as

communication that is false, or made with a careless disregard for the truth, and that results in injury to the reputation of a person.

Libel: Defamation by means of print, writing, or pictures. For example, writing in a patient’s chart that the physician is incompetent because he doesn’t respond immediately to a call is an example of libel.

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Unit 5D: Libel and Slander

Unit 5D: Libel and Slander

LibelMaking false statements about another person in writing.

SlanderMaking false statements about another person verbally.

Slander: Defamation by the spoken word, stating information or false words that can cause damage to a person’s reputation.

An example of slander would be for the healthcare worker to tell the client that another healthcare worker is incompetent.

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Libel and Slander

Module Competency #5:Confidentiality

Recommended Learning Activities

Assignment Resources Notes

LIH Competency 5 9 Scenario HIPAA

Discussion

HIPAA This learning activity has a scenario with

discussion questions on HIPAA.

Competency 6Explore legal issues such as sexual harassment, wrongful discharge,

negligence, malpractice and violence in the workplace.

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Competency 6

1. Explore legal issues such as sexual harassment, wrongful discharge, negligence, malpractice and violence in the workplace.

One unit makes up this competency.

A. Define terms: Sexual harassment, Wrongful discharge and Malpractice

Unit 6A: Define Terms

Recommended Content At this point in the module, sexual harassment, wrongful

discharge and malpractice will be discussed.

Sexual Harassment - unwelcomed actions that are sexual in nature. The EEOC is a governmental agency that handles sexual

harassment complaints that cannot be settled in the workplace.(see next slide)

Sexual Harassment

Sex discrimination that violates Title VII of the Civil Right Act of 1964

Applies to employers with 15 or more employees

• Unwelcomed sexual advances• Requests for sexual favors• Verbal or physical content of sexual nature

Sexual Harassment

Victim/harasser may be a man or woman.

Does not have to be of the opposite sex.

Harasser can be victim’s supervisor.

Victim does not have to be the one harassed but could be anyone effected by offensive conduct.

Wrongful discharge

Wrongful Discharge: When someone is fired who shouldn’t be fired. Due process of employee rights is defined by the employer & the union if

applicable. It refers to the right of an impartial and fair hearing regarding

employers decisions and procedures. This may also take place when the employer decides to get rid of

someone and get them fired.

Malpractice

• Negligence that results in harm to the patient.

• To prevent being sued perform procedures in the way you were trained and only do what you can do.

• Stay within your role as defined by the employer.

Module Competency #6: Legal Issues in the Workplace

Recommended Learning Activities

Assignment Resources Notes LIH Competency 2 3 4 5 6 9 Scenarios – Abuse,

Sexual Harassment, Confidentiality, and

Neglect

Assignment on website

This learning activity has 4 scenarios with questions to

reflect on and answer

Center for Psychiatric Rehabilitation. (n.d.). The Americans with Disabilities Act (ADA). Retrieved from http://www.bu.edu/cpr/reasaccom/whatlaws-adaact.html

City of Minneapolis. (1997-2011). Vulnerable adults. Retrieved from http://www.ci.minneapolis.mn.us/police/crime-reporting/vulnerableadults.asp

Department of Health. (2011). Questions and answers about health care directives. Retrieved from http://www.health.state.mn.us/divs/fpc/profinfo/advdir.htm

Department of Justice, (2011). ADA Regulations and Technical Assistance Materials. Retrieved from http://www.ada.gov/publicat.htm#Anchor-ADA-44867

Fighel, T. (2011). Due process law in the workplace. Retrieved from http://ezinearticles.com/?Due-Process-Law-in-the-Workplaceandid=4003032

References

Fuzy, J. (2003). The nursing assistant’s handbook. Albuquerque, NM: Hartman Publishing Inc

Fuzy, J. and Leahy, W. (2005). The home health aide handbook. Albuquerque, NM: Hartman Publishing Inc.

Kockrow, O.E. and Christensen, B.L. (2006).Loss, grieving, dying, and death. In B.L. Christensen and E. O. Kockrow (Eds.). Foundations and adult health nursing (5th ed.) (pp. 188-216). St. Louis, MO: Elsevier, Mosby

Maryland Department of Health and Mental Hygiene. (2002). Health Insurance Portability and Accountability Act. Retrieved from http://www.dhmh.state.md.us/hipaa/whatishipaa.html

References

Minnesota Board on Aging. (2010). Adult Protective Services Unit. Retrieved from http://www.mnaging.org/advisor/vulnerable.htm

Minnesota Department of Health. (1991, October). Recommended menu pattern and small portion guidelines: Developed in accordance with OBRA Regulations for Nursing Facilities. Information Bulletin 91-3: NH-3. Retrieved from http://www.health.state.mn.us/divs/fpc/profinfo/ib91_3.htm

Northern Virginia Community College. (n.d.). Patient Self-Determination Act: 1990. Retrieved from http://www.nvcc.edu/home/bhays/dogwood/selfdeterminationact.htm

pdf

References

Office of Reviser of Statutes, State of Minnesota. (2006). 604A.01, Minnesota Statutes 2006 : 604A.01 Good Samaritan Law. Retrieved from https://www.revisor.mn.gov/bin/getpub.php?type=sandnum=604A.01andyear=2006

Standfield, P.S., Cross, N., and Hui, U.H. (2008). Introduction to Health Professions (5th ed.). Sudbury, MA: Jones and Bartlett Publishers 

Turnham, H. (n.d.). OBRA ‘87 Summary. National Long Term Care Ombudsman Resource Center. Retrieved from http://www.allhealth.org/briefingmaterials/OBRA87Summary-984.

References

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Authors: Dede Carr, BS, CDA, LDA & Pat Reinhart, RN