ERIE COMMUNITY COLLEGE NORTH CAMPUS COURSE OUTLINE A. Unit Code and Suggested Course Title: 602 MA 112: Medical Law and Ethics for Health Professionals B. Curriculum/Program: Medical Assisting and Clinical Laboratory Technician C. Catalog Description: The student will be introduced to human value development, the decision-making process, and the foundation of the U.S. legal system. Issues such as licensure and certification; managed care; medical records; as well as patients’ and physicians’ rights and responsibilities will be covered. The Health Insurance Portability and Accountability Act; the Affordable Care Act and other laws pertaining to the medical workplace are presented. Medical contracts, professional liability and medical malpractice, as well as defense to liability suits will be integrated into the class discussions. Bioethical issues, such as cloning, genetic engineering, stem cell research as well as transplantation and death and dying, as they affect the roles of various health care practitioners, will also be discussed. Case studies and video presentations will be used to enhance class discussions. A research paper will be required. Pre-requisite: Completion of all developmental English Concurrent Registration: EN 110 F/S (N) D. Duration of Instructional Period: 150 minutes per week, 2 class meetings per week, for 15 weeks E. Academic Credit Hours: Contact Hours: 3.0 3.0 (3-0-3) F. Suggested Text/ Course Materials: Medical Law and Ethics by Bonnie F. Fremgen; Fourth Ed. G. Course Outcomes: Upon completion of this course, the student will be able to: 1. Explain human value development and the decision-making process. 2. Understand the historical background of rights and reasoning. 3. Describe the basics of the judicial system, including the sources of law, public and private law, and the court system. 4. Explain licensure and certification as it applies to health care professionals. Spring 2014 1 5. Define and explain both the Health Insurance Portability and Accountability Act (HIPPA) and the Affordable Care Act (ACA) their importance in health care today. 6. Define the Doctor-Patient relationship. 7. Explain the medical professional’s role in providing confidentiality in professional relationships. 8. Describe the difference of the expressed and the implied contracts between physician and patient. 9. Define negligence and other medical-legal terms as they relate to the standard of medical care. 10. Recognize the role the medical professional has in maintaining medical records and their importance in defenses to professional liability suits. 11. Describe intentional torts and criminal offenses. 12. Define public duties and responsibilities and categorize the allocation of resources. 13. Explain employment safety and rights as well as those laws protecting consumers. 14. Define ethics. 15. Apply the principles of medical ethics as it relates to the American Medical Association and evaluate the implications for the practicing physician. 16. Define and apply the code of ethics for the various health professions. 17. Identify, analyze, and verbalize ideas concerning bioethical issues such as assisted reproduction; genetic engineering; stem cell research; organ donation; transplantation; other technological advances in health care. 18. Discuss attitudes toward death and dying, including: hospice and palliative care, euthanasia and physician-assisted suicide as well as the use of advanced directives. 19. Discuss healthcare as it relates to patients of other cultures (transcultural health care). H. Program Competencies: Upon graduation with an Associate in Applied Science Degree in Medical Assisting (MA), the graduate will be able to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Spring 2014 Demonstrate good telephone techniques and skills. (5, 7, 9, 19) Act as receptionist and public relations liaison. (1, 2, 5, 6, 7, 9, 19) Handle incoming and outgoing correspondence. (5, 7, 8, 9, 10, 19) Schedule appointments, meetings, surgeries, and hospital admissions. (5, 7, 9, 10) Maintain patient records and files. (3, 5, 7, 8, 9, 10, 12) Accurately complete insurance forms and reports. (5, 7, 8, 9, 10) Maintain records of accounts receivable/payable. (5, 7, 8, 9, 10) Handle emergencies. (6, 7, 8, 9, 19) Assist physician with patient procedures. (6, 7, 8, 9, 19) Participate in patient education. (1, 2, 5, 7, 8, 9, 19) Demonstrate proper sterilization / disinfection techniques. (9, 13) Demonstrate skill in basic laboratory techniques. (9, 10, 13) Perform administrative duties. (5, 7, 9, 10, 19) Perform clinical duties. (5, 6, 7, 9, 10, 13, 19) Maintain an inventory of medical supplies and office supplies. (9, 10) Use computer skills in performing administrative and clinical duties. (5, 7, 9, 10) Demonstrate behavior consistent with acceptable professional conduct standards, such as appearance, quality of work, quantity of work, human relations skills, leadership skills, written and verbal communication skills. (1, 2, 4-11, 13-19) 2 Upon graduation with an Associate in Applied Science Degree in Clinical Laboratory Technician (CLT), the graduate will be able to: 1. 2. 3. 4. 5. 6. 7. I. Recognize abnormal or unusual test results and follow institutional procedures for reporting critical values. (4, 9, 10, 11, 13-16) Report results in writing, orally or by computer, conforming to established procedures. (4, 9, 10, 11, 13-16) Perform and record instrument checks and maintenance procedures. (4, 9, 10, 11, 1316) Observe established safety measures. (4, 5, 7-13, 15, 16-19) Participate in continuing education. (1-19) Perform related work as assigned. (1-19) Demonstrate behavior consistent with acceptable professional conduct standards, such as appearance, quality of work, quantity of work, human relation skills, leadership skills, and written and verbal communication skills. (1, 2, 4-19) SUNY General Education Knowledge and Skills Areas: Not applicable to course offerings in Health Sciences Division. J. ECC Learning Outcomes (LO): 1. 2. K. Critical Analysis and Reasoning (1-19) Information Literacy (1-19) Student Learning: K1. Evaluation of Student Learning: Course objectives may be met by chapter quizzes or Unit hourly examinations; homework assignments; attendance (participation); and/or a final research project and will be calculated as follows: Exam average 40% Homework assignments 20% Research Project 15% Attendance 25% K2. Assessment of Student Learning: Student knowledge and competency in this course will be evaluated through the variations of questions commonly asked on AAMA certification exams. The methods of evaluation will be consistent with the level of the course and meet criteria set forth by the Accreditation agencies to include cognitive levels I, II, and III, as well as affective and psychomotor skills appropriate to the course. L. Library Resources: Fremgen, Bonnie F.- Law, Liability and Ethics Glannon, Walter- Biomedical Ethics Spring 2014 3 M. Paul, Dr. Richard and Elder, Dr. Linda- Ethical Reasoning (The Miniature Guide) Edge, Raymond and Krieger, John L.- Legal and Ethical Perspectives in Health Care Veatch, Robert M. and Flack, Harley E.- Case Studies in Allied Health Ethics Other books containing ethical decision-making or issues Laboratory Medicine (periodical) Medical Laboratory Observer (periodical) Medical Laboratory Observer (journal) Medline (journal) Advance (periodical) AAMA Journal ANA Journal Internet Topical Outline: Instructional Unit Instructional Period UNIT 1: The Human Value System and Decision-Making Needs, Values; Teleological, Deontological, & Virtue Ethics 2 weeks UNIT 2: The Health Care Profession Basics of Health Care Ethics; Working in Health Care Affordable Care Act (ACA) 2 weeks UNIT 3: Law and Liability for the Health Care Professional Rights & Legal Issues for Health Care Professionals; 2 weeks UNIT 4: Privacy, Confidentiality, HIPAA, The Medical Record Privacy Laws; Informed Consent; Data Integrity; Role Fidelity 2 weeks UNIT 5: Professional Health Care Issues 2 weeks Physician’s Duties & Responsibilities; Workplace Legalities, Occupational Risks; Ethical Concerns for Health Care Professionals N. UNIT 6: Ethical Issues on Life Genetic Science; Reproductive Technology; Abortion 2 weeks UNIT 7: Death and Dying Advanced Directives, DNR; Euthanasia; Hospice; Grief 2 weeks UNIT 8: A Cultural Perspective for Health Professionals Cultural Diversity in Health Care 1 week Proposal Prepared by: CLT/MA Faculty Date Prepared: April 2014 Date Last Updated: April 2008 Spring 2014 4 O. EDUCATIONAL COMPETENCIES (as identified in the Commission on Accreditation of Allied Health Education Programs (CAAHEP)) 2008 Standards and Guidelines for Medical Assisting Educational Programs Upon graduation with an Associate in Applied Science Degree in the Health care professional/ Clinical Laboratory Technician/Other Allied Health Programs the graduate will have achieved the following psychomotor and affective domain competencies: Legal Implications Psychomotor Domain 1. Respond to issues of confidentiality a. Identify legal implications associated with confidentiality issues regarding patients and medical records and indicate responses needed if these issues arise. b. Identify how and when a minor’s health status and medical treatment is a confidentiality issue and describe how a health care professional would respond to a parent of a child, a teen, and an emancipated minor, who wanted information concerning the treatment of the minor. c. Describe how confidentiality is maintained with the use of computerized medical records; on the telephone; in the reception/waiting area. d. Evaluate the confidentiality issues involved in cases of AIDS, abuse, etc. and the reporting of these to the appropriate authorities. e. Describe the impact HIPAA has had on issues of confidentiality in the medical office/ facility. 2. Perform within scope of practice. a. Identify and Evaluate what is included in the scope of practice for the health care professional and how this affects the practice in the medical office/ facility in the city/state of residence. b. Identify and evaluate what is not included in the scope of practice for the health care professional. c. Evaluate scenarios demonstrating examples of the health care professional performing outside the normal scope of practice. d. Evaluate scenarios, demonstrating examples of the health care professional performing within the normal scope of practice. e. Describe how an educational background affects the scope of practice for the health care professional. f. Describe why it is important for the health care professional to remain current in the field and how being current affects the scope of practice. g. Describe what the potential differences in the scope of practice are for an educated health care professional and one that is on-the job trained. h. Describe how moving from one type of practice to another may affect the scope of practice. 3. Apply HIPAA rules in regard to privacy/release of information. a. Obtain the HIPAA law from the NYS website and Evaluate HIPAA regulations. b. Evaluate medical records release authorization. c. Identify the procedures to be followed when a patient’s medical record is subpoenaed. d. Identify the requirements for rescinding consent to release medical records. Spring 2014 5 4. 5. 6. 7. 8. Spring 2014 e. Describe steps appropriate in the medical office/ health care facility to be in compliance with HIPAA regulations. Practice within the standard of care for a health care professional. a. Differentiate the roles of the physician, health care professional, and other medical personnel as related to practice within the standard of care. b. Identify legal boundaries that apply to the health care professional in the medical office/health care facility. c. Identify ethical boundaries that apply to the health care professional in the medical office/health care facility. d. Describe how being current in the field affects standard of care. Incorporate the Patient’s Bill of Rights into personal practice and medical office/health care facility policies and procedures. a. Evaluate the Patient’s Bill of Rights and its components; then demonstrate how this document can be applied to personal practice. b. Evaluate the Patient’s Bill of Rights and demonstrate how they can be applied to medical office/ health care facilities' policies. c. Using the Patient’s Bill of Rights, indicate what steps need to be taken if a patient refuses treatment. Complete an incident report. a. Identify situations/circumstances that require the completion of an incident report. b. Identify the contents of an incident report. Document accurately in the patient record. a. Identify the characteristics of appropriate documentation in a patient’s medical record. b. Describe a procedure for a patient’s medical record utilizing the characteristics of appropriate and accurate documentation. c. Evaluate the documentation of the results of a lab test in a patient’s medical record. d. Evaluate the documentation of a physician’s order for a medication/medical test change and the telephone instructions for the change as provided to the patient. e. Evaluate the documentation of an authorized request in a patient’s medical record to fax a patient report to another physician/facility and the actual transmission of the simulated report. f. Describe the acceptable method to correct an error in the patient’s medical record (electronic/other). g. Evaluate a “consent for medical care” document and its importance. Apply local, state and federal health care legislation and regulation appropriate to the practice of the health care professional. a. Evaluate local legislation and regulations which impact health care and how these affect the health care professional and the scope of practice. b. Evaluate state legislation and regulations which impact health care and how these affect the health care professional and the scope of practice. c. Evaluate federal legislation and regulations which impact health care and how these affect the health care professional and the scope of practice. d. Describe the steps needed to dispose of contaminated or outdated Schedule II drugs. Indicate what report has to be filed and with whom it is to be filed. e. Prepare the needed documentation for the physician to obtain a DEA number. 6 f. Describe how HIPAA affects the medical practice. g. Evaluate OSHA regulations and describe the areas that affect ambulatory healthcare. h. Identify the diseases and conditions that must be reported to the health department and/or the CDC. Explain how this relates to HIPAA. i. Identify the diseases that must be reported to law enforcement. Explain how this relates to HIPAA. j. Describe the importance of Workman’s Compensation in the ambulatory care facility for both the employee and the patient. Describe what records must be kept in both instances. k. Describe how sexual harassment and other sections of Title VII of the Civil Rights Act are applied in the medical office/health care facility. Legal Implications Affective Domain 1. Demonstrate sensitivity to patient rights. a. Using the Patient’s Bill of Rights, describe how a healthcare provider should respond to patient’s refusal of treatment. b. Describe the meaning of each item in the Patient’s Bill of Rights. c. Demonstrate awareness of the consequences of not working within the legal scope of practice. 2. Demonstrate awareness of the consequences of not working within the legal scope of practice. a. Differentiate between criminal law and civil law as related to the practicing health care professional. b. Provide examples of tort law as related to the practicing health care professional. c. Identify examples of risk management techniques the health care professional should use in the medical office/health care facility to prevent incidences of liability. 3. Recognize the importance of local, state and federal legislation and regulations in the practice setting. a. Describe how local, state and federal legislation and regulations affect patient care. b. Describe how Fair Debt Collection Practices Act and the Bankruptcy Act affect the billing in the medical office/health care facility. c. Describe why it is important to report required diseases and conditions to the proper authorities for the protection of the public. d. Describe implied contract between the patient and the physician and his employees. e. Describe the guidelines that will prevent lawsuits. f. Evaluate how OSHA is important to the personnel in a medical facility. List the safety devices and documents that are needed by the health care professional g. Describe how HIPAA affects patient rights. Ethical Considerations Psychomotor Domain Spring 2014 7 1. Report illegal and/or unsafe activities and behaviors that affect health, safety and welfare of others to proper authorities. a. Describe the AMA/other medical-professional Codes of Ethics. b. Compare/contrast the AMA/other medical-professional Codes of Ethics. c. Identify examples of illegal and/or unsafe activities and behaviors related to the medical profession. d. Describe how, and to whom, the health care professional should report the following: Physician frequently prescribing narcotic pain medication to patients; physician charging different amounts for same procedures; not using correct codes for appropriate reimbursement. e. Evaluate the importance of reporting unsafe and/or illegal activities. f. Describe how illegal and unsafe practices affect the public and the cost of malpractice insurance. g. Research the Internet (Office of Professions in the NY State Department of Education website) to find the most commonly reported unsafe and/or illegal actions found in ambulatory medical care. Ethical Considerations Affective Domain 1. Apply ethical behaviors, including honesty/integrity, in the performance of the health care professional. a. Describe a scenario in which there is the potential to use poor judgment or perform an unethical act. b. Describe how unethical behaviors should be rectified using various case studies. c. Demonstrate awareness of diversity in providing patient care. 2. Examine the impact personal ethics and morals may have on the individual’s practice. a. Describe a situation in which a health care professional’s personal ethics may interfere with his/her duties. b. Make a plan to reconcile personal ethics with your obligation to act as a professional. c. Describe a situation in which personal morals may interfere with the ability to perform duties as a health care professional. d. Respond to a dilemma in a professional manner without compromising integrity. 3. Demonstrate awareness of diversity in providing patient care. a. Evaluate with peers how cultural practices impact patient care. b. Display professionalism in providing patient care when dealing with a patient whose cultural practices make a health care professional uncomfortable. c. Describe an incident in which the health care professional would set aside personal beliefs in order to provide compassionate and professional care to a patient who follows a different form of religion than her own. Spring 2014 8