Legal and Ethical Aspects of Health Information Management
Delmar Cengage Learning
978-1-4354-9985-0 (ISBN)
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With such strong features and detailed content, this will prove to be beneficial for anyone seeking a thorough overview of the legal requirements that safeguard health care information today.
Dana C. McWay is a lawyer and veteran health information management professional. A member the American Health Information Management Association (AHIMA) Board of Directors, she served on several AHIMA committees, most recently the Professional Ethics Committee. She was also a member of the Missouri Health Information Management Association's Legislative Committee, and a voting member of the Institutional Review Board at Washington University Medical School. Previously a Director of Medical Records for a large teaching hospital and for-profit substance abuse facility, Ms. McWay led the charge to convert an outmoded, paper-based record management system to a modern electronic system. In addition to LEGAL AND ETHICAL ASPECTS OF HEALTH INFORMATION MANAGEMENT for which she received a Triumph Award from AHIMA, she has led several audio conferences, served as co-editor of online continuing education offerings, and written a second HIM text, TODAY'S HEALTH INFORMATION MANAGEMENT: AN INTEGRATED APPROACH. Licensed to practice law in Illinois and Missouri, Ms. McWay is currently the Clerk of Court for the US Bankruptcy Court for the Eastern District of Missouri and one of three recipients of the Director's Award for Outstanding Leadership within the Federal Judiciary.
Preface. About the Author. About Legal Citations. About Legal Research. PART ONE. 1. Workings of the American Legal System. Public and Private Law. Private Law. Public Law. Sources of Law. Constitutions. Statutes. Administrative Decisions and Regulations. Judicial Decisions. Branches of Government. Legislative Branch. Executive Branch. Judicial Branch. Quasi-Legal Requirements. 2. Court Systems and Legal Procedures. Court Systems. Jurisdiction. Court Structure. Court Rules. Legal Process. Beginning the Lawsuit. Discovery. e-Discovery. Depositions. Written Interrogatories. Production of Documents and Things. Physical or Mental Examination. Requests for Admission. Pretrial Conference. Trial. Appeal. Satisfying the Judgment. Alternative Dispute Resolution. 3. Judicial Process of Health Information. Health Records as Evidence. Hearsay. Privilege. Exclusions. Responses to Legal Process. Subpoenas. Court Orders. Discovery Requests. Response Methods. 4. Principles of Liability. Health-Care Relationships. Physician-Patient Relationships. Hospital-Patient Relationships. Hospital-Physician Relationships. Theories of Liability. Nonintentional Torts. Negligence and Medical Malpractice. Duty of Care. Breach of Duty of Care. Causation. Damages. Res Ipsa Loquitur. Vicarious Liability. Corporate Negligence. Failure to Warn. Breach of Confidentiality. Intentional Torts. Assault and Battery. Defamation. Invasion of Privacy. Medical Malpractice. Breach of Contract. Defenses and Limitations on Liability. Statutes of Limitations. Charitable Immunity. Governmental Immunity. Good Samaritan Statutes. Contributory and Comparative Negligence. Assumption of Risk. Apologies. PART TWO. 5. Ethical Standards. Ethical Models. Ethical Concepts. Autonomy. Beneficence/Nonmaleficence. Best Interest Standard. Fidelity. Justice. Rights. Veracity. Ethical Theories. Utilitarianism. Deontology. 6. Ethical Decisions and Challenges. Ethical Decision Making. Influencing Factors. Codes of Ethics. Patient Rights. Other Factors. Ethical Decision Making Process. Ethical Challenges. General Challenges. The Role of Ethics in Supervision. Healthcare Challenges. Health Information Challenges. 7. Bioethical Issues. Related to the Beginning of Life. Family Planning. Abortion. Perinatal Ethics. Eugenics. Related to Sustaining or Improving the Quality of Life. HIV/AIDS. Organ Transplantation. Genetic Science. Related to Death and Dying. Planning for End of Life. Euthanasia. Withholding/Withdrawing Treatment. PART THREE. 8. Patient Record Requirements. Function and Use of the Health Record. Legal Requirements for Health Record Content. Content of the Health Record. Statutory Provisions. Regulations. Accrediting Standards. Institutional Standards. Professional Guidelines. Timely and Complete Health Records. Authentication and Timeliness. Completeness. Corrections to the Record. By the health-care provider. By the patient. Retention Requirements. Statutes and Regulations. Other External Forces. Bases for Decision. Record Destruction. Destruction in Ordinary Course. Destruction Due to Ownership Change. Destruction Due to Closure. 9. Confidentiality and Informed Consent. Confidentiality. Constitutional Basis. Statutory Basis. Federal Level. State Level. Common Law Basis. Confidentiality Application. Confidentiality of HIV Information. Informed Consent. Historical Development. Scope of Informed Consent Doctrine. Who May Consent to Treatment. Legally Incompetent Patients. Emergency Situations. Information to Be Disclosed. Situations Requiring Informed Consent. 10. Access to Health Information. Ownership of Health Information. Notice of Use and Disclosure. Access by or on Behalf of the Patient. General Principles of Disclosure Information. By the Patient. To Third Parties. Reasonable Fees. Access by the Researcher. The Ethical Perspective. The Regulatory Perspective. Access by the Business Associate. Access Pursuant to Reporting Laws. Access to Adoption Records. Unlawful Access. 11. Specialized Patient Records. Drug and Alcohol Abuse. Confidentiality. Patient Identification. Patient Notice. Release of Information. Disclosure with Written Patient Authorization. Release of Information Form. Notice Accompanying Disclosure. Disclosure Without Patient Authorization. Medical emergencies. Research activities. Audit activities. Disclosures Pursuant to Legal Process. Miscellaneous Issues. Effect of State Laws. Disposition of Records. Enforcement and Penalties. Mental Health and Developmental Disability Care. Content Requirements. Privacy Restrictions. Patient Identification. Release of Information. Disclosure with written patient authorization. Disclosure without written patient authorization. Disclosure pursuant to court order. Home Health Care. Genetic Information. HIV Information. Testing. Legal Challenges. Improper Disclosure Challenges. PART FOUR. 12. Risk Management, Quality Management, and Utilization Management. Risk Management. General Principles. Patient Record Requirements. Documentation. Security. Confidentiality. Incident Reports. Definition and Purposes. Discoverability and Admissibility. Trends in Risk Management. Quality Management. Peer Review Privileges. National Practitioner Data Bank. Utilization Management. Historical Development. 13. Information Systems. Electronic Health Records. Legal Health Record. Accreditation and Licensure Issues. Creation and Storage. Authentication. Liability Issues. Admissible Evidence. Security Issues. HIPAA Security Rule. Electronic Health Issues. Internet. Electronic Mail. Digital Imaging. Telemedicine. 14. Health-Care Fraud and Abuse. Fraud and Abuse. Major Laws Addressing Fraud and Abuse. Law Enforcement Agencies. Compliance Programs. 15. Law and Ethics in the Workplace. Employment. Employee Rights. Overview. Employment Law Application. Discrimination. Sex Discrimination. Racial, Religious, and National Origin Discrimination. Age Discrimination. Disability Discrimination. Workplace Protections. Health and Safety. Hours, Pay, and Conditions of Employment. Appendix. Table of Cases. List of Common Acronyms. Patient Care Partnership. Sample HIPAA Notices of Privacy Practices. Selected Laws Affecting HIM. Principles of Medical Record Documentation. Durable Power of Attorney for Health Care and Health Care. Directive (Sample Form). Sample Living Will. Patient Self-Determination Act. Health Care Quality Improvement Act. Glossary. Index.
| Verlagsort | Clifton Park |
|---|---|
| Sprache | englisch |
| Maße | 218 x 275 mm |
| Gewicht | 975 g |
| Themenwelt | Medizin / Pharmazie ► Gesundheitswesen |
| Medizin / Pharmazie ► Medizinische Fachgebiete ► Medizinethik | |
| Studium ► Querschnittsbereiche ► Geschichte / Ethik der Medizin | |
| ISBN-10 | 1-4354-9985-9 / 1435499859 |
| ISBN-13 | 978-1-4354-9985-0 / 9781435499850 |
| Zustand | Neuware |
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