Unit 1 Chapter 3 Legal and Ethical Issues – Flashcards

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The Omnibus Budget Reconciliation Act (OBRA) sets minimum standards for
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Nursing assistant training
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According to OBRA, nursing assistants must complete at least _____ hours of training and must pass a competency evaluation before they can be employed
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75
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Which of the following topics is required by OBRA to be covered during nursing training (NA) training?
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promoting residents' independence
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The Minimum Data Set (MDS) is a form for
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assessing residents and solving resident problems
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How often must an MDS be completed for each resident?
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any time there is a major change in a resident's condition
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Rights of residents
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the right to services and activities to maintain a high level of wellness, the right to participate in their own care, the right to complain, the right to make independent choices, the right to privacy and confidentiality, the right to security of possessions, the right to be fully informed about rights and services, the right to dignity, respect, and freedom, the right to visits, transfer and discharge rights
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When a nursing assistant is performing a procedure on a resident, she should
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explain the procedure before performing it
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What should a nursing assistant do if a resident refuses to take a bath?
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the NA should respect his wishes, but report it to the nurse immediately
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If a nursing assistant's husband asks her to tell a story about a resident in her care, she should
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explain that she cannot talk about the resident
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If a nursing assistant suspects a resident is being abused, she should
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report it to the nurse immediately
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What happens when a facility has determined that a nursing assistant abused a resident?
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an investigation will be made.
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One task of an ombudsman is to
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investigate and resolve resident complaints
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An ombudsman is assigned by law as the _____________ advocate for residents.
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legal
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Ombudsmen are in facilities to assist and support
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residents
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What is the purpose of Health Insurance Portability and Accountability Act (HIPAA)?
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to protect and secure the privacy of health information
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What is included under protected health information (PHI)?
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patient's social security number
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What is the correct response by a nursing assistant if someone who is not directly involved with a resident's care asks for a resident's PHI?
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tell them that the information is confidential and cannot be given out
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What is one way to keep private information confidential?
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using confidential rooms for reporting on residents
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The abbreviation for a law that was enacted as a part of the American Recovery and Reinvestment Act of 2009 and helps expand the protection and security of consumers' electronic health records (EHR) is called
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HITECH
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A signed, dated, and witnessed legal document that appoints someone else to make the medical decisions for a person in the even he or she becomes unable to do so
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durable power of attorney for health care
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Outlines the medical care that a person wants, or does not want, in case he or she becomes unable to make those decisions; may also be called medical directive or directive to physicians
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living will
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Legal documents that allow people to choose what medical care they wish to have if they cannot make those decisions themselves
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advance directives
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A legal document that tells medical professionals not to perform CPR (cardiopulmonary resuscitation) if breathing or the heartbeat stops
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Do-not-resuscitate (DNR) order
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