HS101 Medical Law and Bioethics
Supplemental Seminar
Key Concepts
• Utilitarianism – is an ethical framework that
focuses on the outcomes or results of actions.
– Derived from the Greek word “telos,” which means
“end.”
– Acting ethically means making decisions and taking
actions that benefit people by maximizing “good” and
minimizing “bad.”
– Course of action produces maximum benefits for
everyone.
– Outcomes, results, or goals are the focus – not the
actions taken to achieve them.
2
Key Concepts
• Utilitarianism – Steps to decide the morally
right course of action for any situation.
– Identify the various courses of action that could
be performed.
– Determine all the foreseeable benefits and harms
that would result from each course of action for
everyone affected by the action.
– Choose the course of action that provides the
greatest benefits after the costs have been taken
into account.
3
Key Concepts
• Law – A rule of conduct or action prescribed
or formally recognized as being or enforced by
a controlling authority.
– Purpose – to keep society running smoothly and
to control behavior that could threaten the public.
– Considered the minimum standard necessary to
keep society functioning.
– Enforced by penalties for disobedience, which are
decided by a court of law.
4
Key Concepts
• Penalties vary with the severity of the crime.
• Those who break the law may be fined,
imprisoned, or both.
• Health care law involves criminal and civil law
(torts), as well as malpractice acts.
5
Law
Definition
Set of governing
rules
Main Purpose
Ethics
Principles,
standards, guide to
conduct
Moral Values
Bioethics
Beliefs formed
through the
influence of
family, culture
and society
Discipline relating to
ethics concerning
biological research,
especially as applied to
medicine
To protect the public To elevate the
standard of
competence
To serve as a
guide for
personal ethical
conduct
To allow scientific
progress in a manner
that benefits society in
all possible ways
Standards
Minimal-promotes
smooth functioning
of society
Builds values and
ideals
Serves as a basis
for forming a
personal code of
ethics
Leads to highest
standards possible in
applying research to
medical care
Penalties of
Violation
Civil or criminal
liability. Upon
conviction: fine,
imprisonment,
revocation of
license, or other
penalty as
determined by
courts
Suspension or
eviction from
medical society
membership, as
decided by peers
Difficulty in
Can include all those
getting along with listed under “Law,” and
others
“Ethics;” as current
standards are applied
and as new laws and
ethical standards
evolve to govern
medical research and
development, penalties
6
may change
Key Concepts
• Requirements for Professional Certification
– Education: Graduated or are about to complete a
medical assisting program accredited by the
Commission on Accreditation of Allied Health
Education Program (CAAHEP) or by the
Accrediting Bureau of Health Education Schools
(ABHES).
– Demonstrates commitment and dedication to the
field.
7
Key Concepts
Medical Professional Organizations provide:
– Networking opportunities with colleagues
– Advocacy efforts on behalf of the professional
organization
– Resources for members and nonmembers
– Job opportunities
– Certification
– Ethical standards
8
Key Concepts
AAMA Medical Assistant Code of Ethics
The Code of Ethics of the American Association of
Medical Assistants shall set forth principles of ethical and
moral conduct as they relate to the medical profession
and the particular practice of medical assisting. Members
of AAMA dedicated to the conscientious pursuit of their
profession, and thus desiring to merit the high regard of
the entire medical profession and the respect of the
general public which they serve, do pledge themselves to
strive always to:
9
Key Concepts
A. render service with full respect for the dignity of
humanity;
B. respect confidential information obtained through
employment unless legally authorized or required by
responsible performance of duty to divulge such
information;
C. uphold the honor and high principles of the profession
and accept its disciplines;
D. seek to continually improve the knowledge and skills of
medical assistants for the benefit of patients and
professional colleagues;
E. participate in additional service activities aimed toward
improving the health and well-being of the community.
10
Key Concepts
Purpose of the American Health Information Management
Association Code of Ethics
The HIM professional has an obligation to demonstrate actions that
reflect values, ethical principles, and ethical guidelines. The American
Health Information Management Association (AHIMA) Code of Ethics
sets forth these values and principles to guide conduct. (See also
AHIMA Vision, Mission, Values) The code is relevant to all AHIMA
members and CCHIIM credentialed HIM professionals [hereafter
referred to as certificants], regardless of their professional functions,
the settings in which they work, or the populations they serve. These
purposes strengthen the HIM professional’s efforts to improve overall
quality of healthcare.
11
Key Concepts
The AHIMA Code of Ethics serves seven purposes:
• Promotes high standards of HIM practice.
• Identifies core values on which the HIM mission is based.
• Summarizes broad ethical principles that reflect the profession's core
values.
• Establishes a set of ethical principles to be used to guide decision-making
and actions.
• Establishes a framework for professional behavior and responsibilities
when professional obligations conflict or ethical uncertainties arise.
• Provides ethical principles by which the general public can hold the HIM
professional accountable.
• Mentors practitioners new to the field to HIM's mission, values, and
ethical principles.
12
Key Concepts
Family Medical Leave Act
• Employers must provide an eligible employee with up
to 12 weeks of unpaid leave each year for any of the
following reasons:
– for the birth and care of the newborn child of an
employee;
– for placement with the employee of a child for adoption or
foster care;
– to care for an immediate family member (spouse, child, or
parent) with a serious health condition; or
– to take medical leave when the employee is unable to
work because of a serious health condition.
13
Key Concepts
Employee Eligibility
To be eligible for FMLA leave, an employee must
work for a covered employer and:
• have worked for that employer for at least 12
months; and
• have worked at least 1,250 hours during the 12
months prior to the start of the FMLA leave; and,
• work at a location where at least 50 employees
are employed at the location or within 75 miles
of the location.
14
Key Concepts
Job Restoration
• Upon return from FMLA leave, an employee must be
restored to his or her original job, or to an
"equivalent" job, which means virtually identical to
the original job in terms of pay, benefits, and other
employment terms and conditions.
• In addition, an employee's use of FMLA leave cannot
result in the loss of any employment benefit that the
employee earned or was entitled to before using (but
not necessarily during) FMLA leave.
15
Key Concepts
Interview Questions
What you can't ask: Have you ever been arrested?
In sensitive positions, like those that deal with
money, you may want to find out about your
candidate's legal fortitude. But ensure that you ask
only directly about crimes that relate to your
concern.
• What to ask instead: Have you ever been
convicted of "x" (fraud, theft and so on)?
16
Key Concepts
Interview Questions
Maturity is essential for most positions, but it's important that you don't make
assumptions about a candidate's maturity based on age. Alternately, you have to be
careful about discrimination towards applicants nearing retirement. These questions
will keep you in the clear.
What you can't ask: How old are you?
While it seems like a simple question, it's in fact quite loaded. Knowledge of an
applicant's age can set you up for discrimination troubles down the road. To be safe,
just ensure that the candidate is legally old enough to work for your firm.
What to ask instead: Are you over the age of 18?
17
Key Concepts
Interview Questions
What you can't ask: How much longer do you plan to work
before you retire?
Again, asking this question opens up discrimination troubles.
While you may not want to hire an older worker who will
retire in a few years, you can't dismiss an applicant for this
reason. Instead, see what the candidate's plans are for the
future; they may plan to work for a number of years.
What to ask instead: What are your long-term career goals?
18
Key Concepts
Interview Questions
What you can't ask: How much do you weigh?
This highly personal question is embarrassing for most
and is not necessarily relevant to a candidate's ability to
do even a physical-labor job. Avoid making assumptions,
and ask about abilities directly.
What to ask instead: Are you able to lift boxes weighing
up to 50 pounds?
19
Key Concepts
Interview Questions
What you can't ask: How tall are you?
In a labor environment, height may be essential to the
job, but this question is too personal. As with many of
these questions, it's best just to ask directly about the
candidate's ability to do what's required of them.
What to ask instead: Are you able to reach items on a
shelf that's five feet tall?
20