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 5
Discuss how confidentiality must be maintained in healthcare facilities
with clients and their medical records.
•
•
•
•
Define confidentiality.
Discuss examples of confidential information
Discuss with whom confidential information can be shared
Define libel and slander.
Confidentiality
Clients have a legal right to privacy concerning their medical affairs.
Examples:
The patient
Patient Medical History
Diagnosis
Patient Care Procedures
Computer info
Privacy Rule
The Privacy Rule provides federal protections for personal health information held
by covered entities and gives patients an array of rights with respect to that
information. At the same time, the Privacy Rule is balanced so that it permits the
disclosure of personal health information needed for patient care and other
important purposes.
HIPAA
The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Privacy Rule
The Office for Civil Rights enforces the HIPAA Privacy Rule, which protects
the privacy of individually identifiable health information, and the
confidentiality provisions of the Patient Safety Rule, which protect identifiable
information being used to analyze patient safety events and improve patient
safety.
Discuss with whom?
1. Patients MUST give consent
2. Only those involved with care
3. NEVER in hallways, elevators, etc
Libel and Slander
Libel
Making false statements about another person in writing.
Slander
Making false statements about another person verbally.
Competency 6
Explore legal issues such as sexual harassment, wrongful discharge, negligence,
malpractice and violence in the workplace.
Define terms: Sexual harassment, Wrongful discharge and Malpractice
Sexual Harassment
Sex discrimination that violates Title VII of the Civil Right Act of 1964
Applies to employers with 15 or more employees
• Unwelcomed sexual advances
• Requests for sexual favors
• Verbal or physical content of sexual nature
Sexual Harassment
Victim/harasser may be a man or woman.
Does not have to be of the opposite sex.
Harasser can be victim’s supervisor.
Victim does not have to be the one harassed but could be anyone effected by
offensive conduct.
Wrongful discharge
When someone is fired who shouldn’t be fired.
Due process of employee rights is defined by the employer & the union if
applicable.
Malpractice
• Negligence that results in harm to the patient.
• To prevent being sued perform procedures in the way you were trained and only
do what you can do.
• Stay within your role as defined by the employer.
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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