question

appeal

answer

a request for reconsideration fo a negative claim decision

question

appellate court

answer

in a state court system, the court that hears appeals of final judgments from state trial courts

question

arbitration

answer

a proceeding inwhich disputes are submitted ot a third party or a panel of experts outside the judicial trial system

question

authenticate

answer

confirm by signing

question

authorization

answer

the granting of permission to disclose confidential information, as defined in terms of the HIPAA Privacy Rule, an individual' formal written permission to use or disclose his or her personally identifiable health information for purposes other than treatment, payment, or healthcare operations

question

bench trial

answer

a trial in which a judge reviews the evidence and makes a determination, without a sitting jury

question

breach

answer

a violagtion of the law

question

breach notification

answer

HITECH Act Rule that requires both HIPAA covered entities and business assoicates to identify unsecured PHI breaches and notify the involved parties of the breach

question

business associate (BA)

answer

according to the HIPA Privacy Rule, an individual (or group) who is not a memnber of a covered entity's workforce but who helps the covered entity in the performance of various functions involving the use or disclosure of patient-identifiable health information

question

business associate agreement

answer

a written and signed contract that allows covered entities to lawfully disclose protected health information to business associates such as consultatns, billing companies, accounting firms, or others that may perform services for the provider, provided that the business associate agrees to abide by the provider's requirements to protect the information's security and confidentiality

question

causation

answer

in law, a arelationship between teh defendant's conduct and teh harm that was suffered

question

cilnical privileges

answer

the authorization granted by a healthcare organization's governing board to a member of the medical staff that enables the physicina to provide patient services in the organization within specific practice limits

question

collective bargaining

answer

the negotiating process between an employer and a labor union, unusally regarding working conditions, wages, and so on

question

complaint

answer

a written legal statement from a plaintiff that initiates a civil lawsuit

question

consent

answer

a means for residents to convey to healthcare providers their implied or expressed permission to administer care or treatment or to perform surgery, or other medical procedures

question

constitutional law

answer

the body of law that deals with the amount and types of power and authority that governments are given

question

counterclaim

answer

ina court of law, a countersuit

question

court order

answer

an official direction issue by a court judge and requiring or forbidding specific parties to peform specific actions

question

courts of appeal

answer

a branch of the federal court system that has the power to hear appeals on the final judments of district courts

question

covered entity

answer

according to the HIPAA Privacy Rule, any health plan, healthcare clearinghouse, or health care provider that transmits specific healthcare transactions in electronic form

question

credentialing

answer

the process of reviewing and validating the qualifications (degrees, licenses, and other credentials) of physicians and other licensed indepedent practitioners, for granting medical staff membership to provide patient care services

question

cross claim

answer

in law, a complaint filed agianst a codefendant

question

defendant

answer

in civil cases, an individual or entity against whom a civil complaint has been filed in criminal cases, an individual who has been accused of a crime

question

deidentified information

answer

health information from which all names an dother identifying descriptors have been removed to protect the privacy of the patients, family members, and healthcare providers who were involved in the case

question

department of Health and Human Services (HHS)

answer

agency within the Department of Health and Human Services responsible for civil rights and health privacy rights law enforcement

question

deposition

answer

a method of gathering information to be used ina litigation process

question

designated record set (DRS)

answer

a group of records maintained by or for a covered entity that may include patient medical and billing records; the enrollment, payment, claims adjudication, and cases or medical management record systems maintained by or for a health plan; or information used, in whole or in part, to make patient care related decisions

question

discovery

answer

the pretrial stage in the litigation process during which both parties to a suit use various strategies to identify information about the case, the primary focus of which is to determine the strength of the opposing party's case

question

district court

answer

the lowest tier in the federal court system, which hears cases involving felonies an dmisdemeanors that fall under federal statues and suits in which a citizen of one state sues a citizen of another state

question

diversity jurisdiction

answer

refers to district court cases tha involve suits where a citizen of one state sues a citizen of another state and the amount in dispute excees $75,000

question

duty

answer

obligation

question

equal employment Opportunity Act

answer

the 1972 amndemnt to the Civil Rights Act of 1964 prohibiting discrimination in employmnet on the basis of age, race, color, religion, sex, or national origin

question

equal pay act

answer

the federal legislation that requires equal pay for men and women who perform substantially the same work

question

express contract

answer

agreement between physician and patient that is specifically articulated

question

fair and accurate credit transactions act (FACTA)

answer

law passed in 2003 that contains provisions and requirements to reduce identity theft

question

fair labor standards act

answer

the federal legislation that sets the minimum wage and overtime payment regulations

question

false claims act

answer

federal legislation stipulating that an individual may file claim (for example, against a hospital) for up to 10 years after an incident has occurred

question

federal trade commission (FTC)

answer

an independent federal agency tasked with dealing with two areas of economics in the United States; consumer protection and issues having to do with competition in business

question

health information technology for economic and clinical health act (HITECH)

answer

part of the american recovery and reinvestment act of 2009, the HITECH Act includes requirements for standards development and for investment in health information technology infrastructure and strengthens federal privacy and security law; meant to increase the momentum of developing and implementing the EHR by 2014

question

implied contract

answer

type of agreement between physician and patient that is created by actions

question

individual

answer

according to the HIPAA Privacy Rule, a personwho is the subject of protected health information

question

individually identifiable health information

answer

according to HIPAA privacy provisions, that information that specifically identifies the patient to whom the information relates

question

injury (harm)

answer

in a negligence lawsuit, one of four elements, which may be economic (hospital expenses and loss of wages) and noneconomic (pain and suffering), that must be proved to be successful

question

intentional tort

answer

a circumstance where a healthcare provider purposesly commits a wrongful act that results in injury

question

joinder

answer

in a countersuit, a third party against whom the defendant files a complaint

question

judicial law

answer

the body of law created as a result of court (judicial) decisions

question

jurisdiction

answer

the power and authority of a court to hear and decide specific types of cases

question

legal health record

answer

documents and data elements that a healthcare provider may include in a response to a legally permissible request for patient information

question

litigation

answer

a civil lawsuit or contest in court

question

malfeasance

answer

a wrong or improper act

question

mediation

answer

in law, when a dispute is submitted to a third parry, to facilitate agreement between the disputing parties

question

medical identity theft

answer

occurs when an individual's health infomration is misrepresented and used by an unauthorized individual to obtain healthcare goods, services, or money to which they are neither eligible nor entitled

question

medical malpractice

answer

the professional liability of heatlhcare providers in teh delivery of patient care

question

minimum necessary standard

answer

a stipulation of the HIPAA Privacy Rule that requires healthcar efacilities and other covered entities to make reasonable efforts to limit the patient identifiable information they disclose to the least amount required to accomplish the intended purpose for which the information was requested

question

misfeasance

answer

relating to negligence, improper performance during an otherwise correct act

question

national labor relations act (NLRA)

answer

federal legislation that provides, among other things, procedures for union representation and prohibits unfair labor practices by unions, such as coercing nonstriking employees, and by employers such as interferene wtih the union selection process and discrimination against employees who support a union

question

negligence

answer

a legal term that refers to the result of an action by an individual who does not act the way a reasonably prudent person whould act under the same circumstances

question

nonfeasance

answer

a type of negligence meaning failure to act

question

notice of privacy practices

answer

a statement (mandated by the HIPAA Privacy Rule) issued by a healthcare organization that informs individuals of the uses and disclosures of patient identifiable health information that may be made by the organization, as well as the individual's rights and the organziation's legal duties with respect to that information

question

occupational safety and health act

answer

the federal legislation that established comprehensive safety and health guidelines for employers

question

personal health record (PHR)

answer

an electronic record of health related information on an individual that conforms to nationally recognized interoperability stndards and that can be drawn from multiple sources while being manaegd and controlled by the individual

question

personal representative

answer

person wtih legal authority to act on a patient's behalf

question

petition for writ of certiorari

answer

a document filed with the U.S Supreme Court, asking for review of a lower court's findings

question

plaintiff

answer

the group or person who initiates a civil lawsuit

question

preemption

answer

in law, the principle that a statute at one level supersedes or is applied over the same or similar statute at a lwer level, for example, the federal HIPAA Privacy provisions trump the same or similar state law with certain exceptions

question

privacy officer

answer

the individual responsible for the development and implemenmtation of an organization's privacy policies and procedures

question

private law

answer

the collective rules and principles that define the rights and duties of people and private businesses

question

protected health information

answer

under HIPAA, all individually identifiabel inforamtion, whether oral or recorded in any form

question

public law

answer

...a type of legislation that involves the government and its relations with individuals and business organizations

question

red flags rule

answer

...a set of FTC regulations that require certain entities to develop and implement identity theft prevention programs

question

rehabilitation act

answer

...federal legislation passed in 1973 to protect handicapped employees against discrimination

question

right to work laws

answer

...federal legislation dealing with labor rights (examples include workers' compensation, child labor, and minimum wage laws

question

rules and regulations

answer

...operating documents that describe the rules and regulations under which a healthcare organization operates

question

standard of care

answer

...an established set of clinical decisions and actions taken by clinicians and other representatives of healthcare organizations in accordance with state and federal laws, regulations, and guidelines;

question

statutory law

answer

...written law established by federal and state legislatures

question

subject matter jurisdictoni

answer

...pertaining to district courts, jurisdiction to hear cases involving felonies and misdemeanors that fall under federal statutes

question

subpoena ad testificandum

answer

...a command to appear at a certain time and place to give testimony on a certain matter

question

subpoena duces tecum

answer

...a written document directing individuals or organzations to furnish relevant documents and records

question

summons

answer

...an instrument used to begin a civil action or special proceeding and is a means of acquiring jurisdiction over a party

question

supreme court

answer

...the highest court in the US legal system

question

tort

answer

...an action brought when one party believes that another party caused harm through wrongful conduct and seeks ocmprensation for that harm

question

treatment, payment and operations (TPO)

answer

...term used in the HIPAA Privacy Rule pertaining to broad activities under normal treatment, payment, and oeprations activities, important because of the rules many exceptions to the release anddisclosure of personal health information

question

trial court

answer

...the lowest tier of stte court, ususally divided into two courts

question

use, disclosures, and requests

answer

...three types of situations in which personal health informaitno is handled

question

voir dire

answer

...the process of jury selection

question

workforce members

answer

...employees, volunteers, trainees, and other persons who work under the direct control of a HIPAA covered entity, regardless whether they ar paid by the covered entity

Chapter 13 Health Information Technology: An Applied Approach – Flashcards

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