Educate the Educator
Legal Issues in Healthcare
Legal Issues in Healthcare
This module explores legal issues involving clients and healthcare workers
including:
• Health care laws
• Clients’ rights and responsibilities
• Confidentiality
• Liability
• Documentation
• Regulation.
• The relationship between ethics and legal issues
• Impact of healthcare systems’ laws and regulations.
Module Outline and
Instructor Resources
This module consists of 9 competencies.
Each competency is divided into unit competencies with learning activities to help
students master the competency.
Each learning activity is explained on the Module Outline and the resources
described.
Choose the learning activities that best meet your classroom needs.
Module Outline and
Instructor Resources
Find these learning activities and resources on the website or create your own.
The Course Outline also has documents the instructor can use in teaching the
lesson.
These competencies are listed on the following slide and will then be addressed
throughout the remainder of the power point.
Legal Issues in Healthcare Competencies
1. Explain the laws related to healthcare and their influence on the delivery system.
1. Describe one’s legal responsibility related to abuse, neglect, exploitation, and the
Vulnerable Adults Law
1. Explain clients rights and responsibilities and how healthcare providers can
ensure those rights.
1. Describe the components of healthcare employee and healthcare facility liability
when delivering client care.
Legal Issues in Healthcare Competencies
5. Discuss how confidentiality must be maintained in healthcare facilities with
clients and their medical records.
6. Explore legal issues such as sexual harassment, wrongful discharge,
negligence, malpractice and violence in the workplace.
7. Identify the legal issues for accurate documentation, informed consent and
advanced directives.
Legal Issues in Healthcare Competencies
8. Describe the consequences of inappropriate use of health data (including use
of social media and email) in terms of disciplinary action.
9. Using a problem solving process applied to healthcare situations, describe how
laws influence healthcare facilities and the care of clients.
Competency 7
Competency 7
Identify the legal issues for accurate documentation, informed consent and
advance directives.
For this competency, you will be introduced to three units and learning activities.
• Discuss accurate documentation
• Define informed consent
• Discuss advanced directives
Discuss Accurate Documentation
Recommended Content
Accurate Documentation:
• Objective and completed at time of contact
• Record is complete
• Information is factual
Implications of inaccurate documentation:
• Legal Document
• Communication between health care professionals to assure quality care
Define Informed Consent
Informed Consent
• Healthcare Provider must tell a patient all the potential benefits, risks, and
alternatives involved in any surgical procedures, medical procedure, and specific
treatments.
• Patient must provide written consent
When Informed Consent is needed
• Surgical Procedures
• Medical Procedures
• Some Treatments
Discuss Advanced Directives
Consequences when no Advanced Directives:
If you are unable to make decisions about your health care (unconscious, etc) Your
closest relative will decide how to proceed with your care.
Competency 8
Competency 8
Describe the consequences of inappropriate use of health data (including use of
social media and email) in terms of disciplinary action.
Three units and learning activities round out the learning for this third competency:
• Define social media.
• Discuss inappropriate use of social media.
• Describe consequences when social media is inappropriately used.
Define Social Media
Recommended Content
Forms of electronic communication include:
 Web sites for social networking and microblogging through which users
create online communities to share information, ideas, personal
messages, and other content (as videos) (Merriam/Webster)
Discuss Inappropriate Use of Social Media
•
•
•
•
•
•
While providing care
When talking to a client, patient, resident or customer
Private emails when working
Taking pictures of individuals being cared for
Personal calls when working
Sharing individuals personal information
Consequences of Misusing Social Media
When an employee misuses social media, the following may occur:
• Loss of job
• Criminal investigation
• Loss of license, certification
• Removal from state registry
Competency 8: Inappropriate use of health
care data
Recommended Learning Activities
Assignment
Resources
Notes
LIH Competency 8 Consequence
of Misusing Social Media
YouTube Video
This assignment has the students
review a social media white paper,
watch a You Tube on examples of
misuse of social media and then answer
questions pertaining to the You Tube
video.
Competency 9
Competency 9
Using a problem solving process applied to healthcare situations, describe how
laws influence healthcare facilities and the care of clients.
This competency consists of one unit.
Discuss the problem solving process as applied to legal issues in health care
utilizing a team approach.
Problem Solving Process
Recommended Content
Review and utilize a five step problem solving process applied to legal issues in
healthcare.
1. Identify the problem
2. Gather information
3. Create alternative solutions
4. Select and act/implement solutions
5. Evaluate and revise, as needed.
Competency 9: Problem Solving
Recommended Learning Activities
Assignment
Resources
Notes
LIH Competency 9 Health
Care in the News
Online health care news
Students on a weekly basis, find a healthcare
article in the news and write and report on it.
References
Center for Psychiatric Rehabilitation. (n.d.). The Americans with Disabilities Act (ADA). Retrieved from
http://www.bu.edu/cpr/reasaccom/whatlaws-adaact.html
City of Minneapolis. (1997-2011). Vulnerable adults. Retrieved from http://www.ci.minneapolis.mn.us/police/crimereporting/vulnerableadults.asp
Department of Health. (2011). Questions and answers about health care directives. Retrieved from
http://www.health.state.mn.us/divs/fpc/profinfo/advdir.htm
Department of Justice, (2011). ADA Regulations and Technical Assistance Materials. Retrieved from
http://www.ada.gov/publicat.htm#Anchor-ADA-44867
Fighel, T. (2011). Due process law in the workplace. Retrieved from http://ezinearticles.com/?Due-Process-Law-in-theWorkplaceandid=4003032
References
Fuzy, J. (2003). The nursing assistant’s handbook. Albuquerque, NM: Hartman Publishing Inc
Fuzy, J. and Leahy, W. (2005). The home health aide handbook. Albuquerque, NM: Hartman Publishing Inc.
Kockrow, O.E. and Christensen, B.L. (2006).Loss, grieving, dying, and death. In B.L. Christensen and E. O. Kockrow
(Eds.). Foundations and adult health nursing (5th ed.) (pp. 188-216). St. Louis, MO: Elsevier, Mosby
Maryland Department of Health and Mental Hygiene. (2002). Health Insurance Portability and Accountability Act.
Retrieved from http://www.dhmh.state.md.us/hipaa/whatishipaa.html
References
Minnesota Board on Aging. (2010). Adult Protective Services Unit. Retrieved from
http://www.mnaging.org/advisor/vulnerable.htm
Minnesota Department of Health. (1991, October). Recommended menu pattern and small portion guidelines:
Developed in accordance with OBRA Regulations for Nursing Facilities. Information Bulletin 91-3: NH-3. Retrieved
from http://www.health.state.mn.us/divs/fpc/profinfo/ib91_3.htm
Northern Virginia Community College. (n.d.). Patient Self-Determination Act: 1990. Retrieved from
http://www.nvcc.edu/home/bhays/dogwood/selfdeterminationact.htm
pdf
References
Office of Reviser of Statutes, State of Minnesota. (2006). 604A.01, Minnesota Statutes 2006 : 604A.01
Good Samaritan Law. Retrieved from
https://www.revisor.mn.gov/bin/getpub.php?type=sandnum=604A.01andyear=2006
Standfield, P.S., Cross, N., and Hui, U.H. (2008). Introduction to Health Professions (5th ed.). Sudbury,
MA: Jones and Bartlett Publishers
Turnham, H. (n.d.). OBRA ‘87 Summary. National Long Term Care Ombudsman Resource Center.
Retrieved from http://www.allhealth.org/briefingmaterials/OBRA87Summary-984.
Authors: Dede Carr, BS, CDA, LDAPat Reinhart, RN
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