Ethics/LegalEthics/Legal

6.02 Analyze contracts, privileged 6.02 Analyze contracts, privileged communications, and HIPPA. communications, and HIPPA.

ContractsContracts An agreement between 2 or more An agreement between 2 or more

partiesparties Two typesTwo types

Implied – obligations that are Implied – obligations that are understood without verbally expressed understood without verbally expressed terms. terms.

Example: taking medicineExample: taking medicine Expressed – stated in clear and distinct Expressed – stated in clear and distinct

language either orally or in writing.language either orally or in writing.

Understand the elements Understand the elements of a contractof a contract

Offer – a competent person enters into Offer – a competent person enters into aa

relationship with a provider.relationship with a provider.

Acceptance – the provider provides Acceptance – the provider provides care to the patient care to the patient

Consideration – payment made by the Consideration – payment made by the patient for services received.patient for services received.

Legal capacity vs. legal disabilityLegal capacity vs. legal disability

Legal capacity – the right to enter into a Legal capacity – the right to enter into a contract according to law/guidelines.contract according to law/guidelines.

Legal disability – the inability to enter Legal disability – the inability to enter into a contract. May include the into a contract. May include the following:following: MinorsMinors Mentally incompetent Mentally incompetent People under the influence of drugs/alcoholPeople under the influence of drugs/alcohol Semiconscious or unconscious Semiconscious or unconscious

Role of an agent in contract lawRole of an agent in contract law

Agent – an employee of a healthcare Agent – an employee of a healthcare provider or agency. provider or agency.

Should work to protect the interests Should work to protect the interests

of the employer.of the employer.

Can cause legal action to occur and Can cause legal action to occur and cost agency $$$$$$$.cost agency $$$$$$$.

Role of Principal in contract lawRole of Principal in contract law

Principal – the employer of an agent.Principal – the employer of an agent.

Provides supervision for agentProvides supervision for agent

Held liable for agent’s actions..Held liable for agent’s actions..

Privileged communication Privileged communication

Include all information given to a Include all information given to a healthcare provider by the patient.healthcare provider by the patient.

Information that is confidentialInformation that is confidential Written consent – in order to share Written consent – in order to share

info. Pt must give. info. Pt must give.

Privileged communicationPrivileged communication

Health care records – belong to the health Health care records – belong to the health care provider but pt. has the right to obtain care provider but pt. has the right to obtain a copy of any information in the record. a copy of any information in the record.

Can be used as legal records in courtCan be used as legal records in court

Must be properly maintained, stored and Must be properly maintained, stored and retained according to state law.retained according to state law. Paper/computerPaper/computer

Privacy ActPrivacy Act HIPAA (Health Insurance Portability HIPAA (Health Insurance Portability

and Accountability Act) 1996 and Accountability Act) 1996 Congress required the USDHHS to Congress required the USDHHS to

establish standards to protect health establish standards to protect health information.information.

USDHHS published the Standards for USDHHS published the Standards for Privacy of Individually Identifiable Health Privacy of Individually Identifiable Health Information (Privacy Rule)Information (Privacy Rule)

Effective 2003Effective 2003 Provided federal protection for privacy of Provided federal protection for privacy of

health information in all states.health information in all states.

Privacy RulePrivacy Rule

Under these standards pt can do the Under these standards pt can do the following:following:

1.1. See/obtain copy of recordSee/obtain copy of record2.2. Find out how health care provider uses Find out how health care provider uses

information.information.3.3. Set limits on how info. is used and Set limits on how info. is used and

accessed.accessed.4.4. Request provider ensure record is Request provider ensure record is

confidential.confidential.5.5. File a complaint on any one who breaks File a complaint on any one who breaks

privacy rule.privacy rule.

SummarySummary

Due to variation among states and Due to variation among states and agencies, it is your responsibility to agencies, it is your responsibility to learn exactly what you are permitted learn exactly what you are permitted to do or not to do. You can be held to do or not to do. You can be held liable for your actions. Remember, it liable for your actions. Remember, it doesn’t matter what someone told doesn’t matter what someone told you to do. You following the laws, you to do. You following the laws, rules and regulations is what rules and regulations is what matters. matters.

Learning is the key.Learning is the key.

Will you be the agent or principal in Will you be the agent or principal in relation to your education and job?relation to your education and job?