Chapter 4: Health Law & Ethics

Christine Malone, EdD

Summary

Healthcare law and ethics consists of laws that regulate and govern healthcare. These range from providing quality, safe care to patients to accurate billing and more. Whereas laws may be easier to understand and follow because they are written and there are penalties for violations, ethics may hold different meanings to different individuals.

All employees, no matter their role, in healthcare must stay within their scope of practice, report unsafe conditions, and be advocates for the patients they serve. This encompasses following laws and abiding by the ethical theories in place.

Review Questions

  1. Personal information about a patient is called________.
    1. PHI
    2. EMR
    3. EHR
    4. HIPAA
  2. The HITECH Act regulates which of the following?
    1. Kickbacks
    2. Electronic health records
    3. Fraud and abuse
    4. Access to emergency services
  3. Laws that apply to the workplace are regulated by which of the following agencies?
    1. The Department of Health
    2. Department of Labor and Industries
    3. Occupational Safety and Health Administration
    4. All of the above
  4. The burden of proof in a medical malpractice claim lies with which of the following?
    1. Physician
    2. Patient
    3. Insurance company
    4. Healthcare organization
  5. Fraud is defined as intentional deceit in order to obtain financial gain.
    1. True
    2. False
  6. A friend of yours has recently graduated from a medical assisting program and is 2 months into their first position. You notice that your friend has been posting about their new job on social media. As you read through their recent posts you see that your friend has written about a recent encounter with a difficult patient. While your friend never uses the patient’s name, they discuss their reason for their visit, as well as how they treated the staff. In this instance is your friend violating the patients rights by posting? If they are, what specifically might be problematic about this kind of posting?
  7. List 3 examples of reasons why a patient might be dismissed.
  8. A nephrologist is working with a patient who they have just diagnosed with end stage renal disease and recommend starting dialysis. The patient asked where they should go and the physician recommended a dialysis center that they happen to be the partial owner of, since they know it is well run and takes the patient’s insurance. Are there any ethics or laws that the physician is violating by referring the patient to their own business?
  9. Luna is a nurse in a local pediatric clinic who has been assigned to care for a 3-year-old patient, Mateusz. Luna has a strong belief that certain vaccinations may not be safe and should not be administered to children, and therefore doesn’t vaccinate her children. Mateusz’s parents firmly believe in vaccination for disease prevention and are eager to get Mateusz caught up on his vaccinations on their next appointment. Luna’s responsibility at the next check-up would be to administer Mateusz vaccinations. What ethics should Luna be considering when working with this patient? Whose rights, the patient, the parents, or the practitioner should take priority?
  10. You are working a late shift at the hospital when a patient is admitted with severe injuries. During your assessment and conversation with the 16-year-old patient, Jody, you begin to suspect that these injuries are not accidental, but instead the result of physical abuse in the home. Jody is afraid that you will call their family and is worried someone will find out they are getting treatment for their injuries. What is your responsibility as a healthcare professional in this situation?
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Introduction to Healthcare Professions V1 Copyright © by SBCTC is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.