Textbook- Legal and Ethical Aspects of Health Information Management- Ch 1

When does an executive order have the effect of law?
After being published in the Federal Register, in the case of the federal system, or in a comparable publication on the state level.
What is the function of the judicial branch of government?
To interpret the law through adjudication and resolution of disputes.
Why should a health information manager possess a fundamental understanding of the law?
Because the law is a major external force affecting the HIM professional’s ability and responsibility to manage patient-specific health information. As the interplay between law and health care increases (e.g., new government regulations and increased lawsuits), the knowledge level of the HIM professional necessary to maintain confidentiality and security of patient-specific health information increases.
Does a single document or source of law exist where an individual can find all of the rules governing health information? Why or Why not?
No. In the United States, laws are passed and regulations are promulgated at the federal, state, and local levels and are interpreted by courts at all levels, making it impossible for all law relating to health information to arise from a single source.
List the four elements of a contract.
Meeting of the minds, Offer, Acceptance, and Consideration.
How does the content of state constitutions compare with the content of the U.S. Constitution?
Typically, they contain similar language to the Federal Constitution. In addition, they may contain additional language that is unique to a given state, even granting broader rights to state citizens than the U.S. Constitution.
Statutes governing health information are found at what three levels?
The levels are: Federal (U.S. Congress), state (individual legislatures), and local levels (city councils and boards of alderman).
Explain the concepts of stare decisis and res judicata.
Stare decisis refers to reliance on the decisions rendered in prior cases (precedent) in future cases, regardless of the parties involved, in a lawsuit containing similar issues. Res judicata refers to only the application of precedent to the same parties and issues that may be found in different cases.
Constitution
Written or unwritten law of a nation or state
Statutes
Law written by federal or state and signed by the president or governor.
Ordinance
Law at the local level
Words of authority
Verbs that hold legal meaning
Federal Register
Rules and regulations that are being proposed
Code of Federal Regulations
Final rules and regulations that have the force of the law
Conflict of law
Inconsistency between different jurisdictions over the same legal action issue
The Legislative Branch has two houses: The Senate and The House of Representatives. Together these are called “Congress” at the federal level.
TRUE
Conflicts between government and private parties represents private law.
FALSE- Represents public law.
Conflicts between private parties represents private law.
TRUE
Public law
Defines appropriate behavior among citizens, organizations, and government.
Tort law
Rights between parties that are without a contract.
Private law
Also referred to as civil law because it is dealing with private rights.
Contract law
Agreement between two or more parties that makes them obligated to do something in exchange for some kind of consideration.
Law
Establishment of standards for human behavior well defined in a system of principles and processes.
Criminal law
Injurious conduct to the public.
Procedural law
Criminal law that defines the offense, liability, and punishment.
Tort laws deal with disputes about rights and duties.
TRUE
Deeming authority
Compliance with standards of an appoint organization or agency that monitor the standards
Common law
Decision of the courts
Res judicata
Final judgment is rendered and conclusive of the right of the parties and bars further actions on the same claim
Stare decisis
Judicial decisions stand as precedent for future cases
Separation of power
Checks and balances
Legally enforceable contracts can be either written or oral.
TRUE
Felonies are crimes of a serious nature punishable by a term of imprisonment exceeding one year.
TRUE
Public law categories include all of the below except
Civil law- Civil law is private law, not public law.
Select the sources from which laws originate.
common law, administrative decisions and regulations, statute, constitution
Federal statutes focus on state interests.
FALSE
In civil law, the plaintiff is always the government.
FALSE- The plaintiff is always the government in criminal law.
Private law is made up of contract law and tort law.
TRUE
In a civil law case, the loser can be imprisoned.
FALSE- In a civil law case, the loser cannot be imprisoned.
Government agencies are assigned power by the Executive Branch.
FALSE- Assigned power by the Legislative Branch.
Misdemeanors are crimes of a less serious nature.
TRUE
The word “shall” is a word of authority.
TRUE
Law sets up a system to set a society’s standards for behavior and provide mechanisms to resolve conflicts and enforce behavior.
TRUE
Healthcare is regulated by both federal and state government.
TRUE
A breach is the fulfillment of a contract.
FALSE- A breach is failure to fulfill a contract. Chapter PowerPoint.
The U.S. Department of Health and Human Services is a regulator for Center for Medicare Services, Center for Disease Control, and Federal Drug Administration.
TRUE
defamation, invasion of privacy, and negligence/medical malpractice are suits that occur under tort law regarding harmful conduct that cause harm.
TRUE
Executive
Enforces and administers law
Enforces and administers law
Enacts law
Judicial
Interprets law
Government agencies can create rules and makes decisions about rule compliance failures.
TRUE