Home Page Flashcards Sport Law Ch. 4 Risk Management - Flashcards

Sport Law Ch. 4 Risk Management – Flashcards

Edwin Holland

8 July 2022

question

The primary goal of a ___________________________________ is to develop comprehensive, written contingency plans based on existing resources and operational capabilities that will enable managers to effectively respond to a crisis.

answer

crisis management plan

question

Formulate a planning committee; Identify the significant possible risks and crises; Develop an action plan for crisis response

answer

Developing A Crisis Management Plan (CMP)

question

Components in Developing Plan

answer

Personnel Issues, Facility Issues, Emergency Equipment, Emergency Action Plan, Communication Issues, Post-Crisis Issues, Documentation, Follow-up Procedure

question

Two phases in personnel preparation

answer

person in charge and specify duties and responsibilities

question

Two phases in personnel preparation: The person in charge of the activity must educate the personnel on what immediate steps to follow in the event of a crisis and Prepare personnel as to what subsequent actions to take in the crisis situation - specify duties and responsibilities.

answer

personnel issues

question

Three Facility Issues

answer

Develop evacuation procedures, Identify EMS meeting location, Clearly identify location

question

Facility Issues - Clearly identify location of:

answer

Emergency Exits, Gas, Power, Water Shut off Valves, Alarm System, Back-up Power Systems, Main Electrical Panels, Fire Hose and Extinguishers

question

Identify types of equipment available and Identify where it is stored and who will have access to it

answer

Emergency Equipment Issues

question

Identify types of equipment available:

answer

communication equipment, Fire fighting equipment, First aid kits, Backboards and defibrillators

question

Personnel educated to render emergency care; Procedures for calling EMS and incident reporting systems; Communication plan for notifying parents; Follow-up approach; Personnel should know who to contact and how to contact them depending on what crisis is

answer

Emergency Action Plan

question

Communication Issues: Two major aspects of effective communication are necessary

answer

Immediate notification of proper authorities; Quickly communicate with constituencies

question

Determine who will meet with staff for debriefing; Have plans for dealing with emotional and mental health; Have procedures of communicating with immediate families of all victims; If possible provide psychologists or mental health professionals.

answer

Post-Crisis Issues

question

Determine who completes what reports; Establish policies for filing and retaining reports; Media spokesperson should follow up with media; Follow-up with victims, families, classmates, teammates, friends, and staff; Evaluate CMP and modify if necessary

answer

Documentation & Follow-up Procedures

question

Analysis and critique plan Develop final CMP: send copy to all affected parties Train staff periodically Test in real life conditions Retain all forms of documentation of CMP rehearsal

answer

Testing Crisis Management Plan

question

Identify and explain the main components of a Crisis Management Plan

answer

*************************

question

is a tool to assist in providing a safe and enjoyable environment for their guests

answer

Crowd Management Plan

question

An effective crowd management plan should address:

answer

Foreseeability; Managing the movement and activities of guests; Assisting in emergencies; Assisting guests with specific concerns related to their visit to the facility

question

Trained and competent staff; Crisis management and emergency action plan; Procedures for handling disruptive, unruly or intoxicated patrons; Effective communication network; Effective signage; Implementation and evaluation of plan

answer

Important Elements of A Crowd Management Plan

question

first line of defense for crowd management.

answer

Ticket Takers

question

employed to identify and turn away prohibited items.

answer

Screeners/Searchers

question

customer service personnel for the facility or organization

answer

Ushers

question

trained to handle unruly crowds

answer

Peer-group/T-shirt security

question

Trained and Competent Staff

answer

Ticket Takers, Screeners/Searchers, Ushers, Peer-group/T-shirt security

question

are necessary to ensure that minor incidents do not become major incidents and that major incidents do not become fatal

answer

Crisis management and emergency action plan

question

should be established that addresses both disruptive behavior and how disruptive patrons should be removed from the facility.

answer

Well written policies

question

allows the crowd management staff to work efficiently and cooperatively to handle situations that may occur.

answer

An effective communication network

question

should be established and located in a position that can survey the overall event

answer

A communication post

question

Provide patrons with directions to important locations

answer

Directional Signs, Informational Signs

question

Cite prohibited items (bottles, Etc.) and also rules of the facility

answer

Informational Signs

question

Effective Signage

answer

Directional Signs

question

What are some of the elements of a crowd management plan?

answer

******************************

question

what should the crowd management plan address?

answer

***************************

question

is a method by which an individual or business pays a defined expenditure to protect against the possibility of a large, undetermined future loss or expense

answer

Insurance

question

allows an organization to manage risks by transferring them to a third party

answer

Insurance

question

Examine all risks and potential losses; Establish an effective risk reduction program; Identify remaining risks that can be efficiently retained by business; Identify remaining risks that need to be transferred to insurance

answer

Determining Necessary Coverage

question

Types of Insurance Coverage

answer

Liability Protecting Employees; Motor Vehicle Insurance; Workers' Compensation; Event Insurance; Property Insurance; General Liability Insurance/CGL; Employment Practices Liability; Umbrella Liability

question

Primary means of protecting the recreation or sport business from loss due to damage or destruction of its facility, the facility contents and accompanying properties

answer

Property Insurance

question

fire, malicious mischief, lighting, explosion, windstorm, aircraft/vehicles, sprinkler leakage, sinkhole collapse, volcanic action, vandalism, etc.

answer

Basic (protection against a limited hazards)

question

Levels of Coverage

answer

Basic, Broad, Special form

question

falling objects, weight of ice, water damage/flooding, smoke, etc.

answer

Broad (additional hazards)

question

collapse, burglary/theft.

answer

Special Form (all risks and hazards)

question

This insurance protects the business from financial loss in the event a person suffers injury or property loss as a result of the negligence of the business or its employees

answer

Commercial General Liability Insurance/CGL

question

professional liability/malpractice liability (usually for medical facilities)

answer

Errors and omissions coverage

question

protects from suits within an organization (e.g. injured employee sues a director)

answer

Cross Liability

question

pollution and damage to neighboring property

answer

Pollution Liability

question

athlete injuries

answer

Sports Liability policy

question

Provides protection for claims dealing with: Wrongful termination, Sexual harassment, Equal pay violations, Discrimination (racial, sex, age, disability), State and federal statutes (ADA, Equal Pay Act, Etc.) are often covered as well

answer

Employment Practices Liability

question

is a policy which greatly increases the liability protection at a reasonable cost

answer

Umbrella liability

question

An extension policy to provide additional coverage

answer

Umbrella liability

question

Some businesses not only purchase liability insurance to protect the business, but also to protect employees in the event of legal action for their wrongful acts

answer

Liability Protecting Employees

question

Directors and officers liability Employee benefits liability Professional/malpractice insurance

answer

Liability Protecting Employees

question

This is a no-fault, statutory-based insurance which provides for compensation to employees who suffer injury in the course of their employment.

answer

Workers' Compensation

question

The worker receives compensation for lost income, both temporary and long term, and medical expenses incurred.

answer

Workers' Compensation

question

For any event, the business should purchase additional liability insurance if the event is not included in the CGL policy of the business

answer

Event Insurance

question

A common event liability policy would include bodily injury, personal injury, and property damage.

answer

Event Insurance

question

Can you identify the differences in the above listed types of insurance?

answer

**********************************

question

a form of strict liability

answer

Workers' Compensation

question

It does not matter whether the injury was caused by the employee's negligence or pure accident, all the employee has to show is that they were injured in the course of employment

answer

Workers' Compensation

question

To determine a contract for hire, the courts examine the following factors : Does the employer have the right to control or dictate the activities of the proposed employee; Does the employer have the right to discipline or fire the proposed employee; The payment of "wages" and, particularly, the extent to which the proposed employee is dependent upon the wages for his daily living expenses; Whether the task performed by the proposed employee was "an integral part" of the employer's business

answer

Economic Reality Test

question

The injured worker receives quick financial assistance with minimal interruption in their life

answer

Benefits of Workers' Compensation

question

In exchange for this protection, the injured worker agrees to forego any tort claim he or she might have against the employer

answer

Benefits of Workers' Compensation

question

While every state has its own workers' compensation laws, there are two basic requirements that every injured employee must satisfy: Is the person an employee? Did the injury occur in the course of his or her employment?

answer

Test for Workers' Compensation

question

Exceptions of Workers' Compensation

answer

Volunteers, Scholarship Athletes

question

What are the two requirements to file a workman's compensation claim?

answer

***********************************

question

What are the two exceptions to workman's compensation claims? Why?

answer

*************************************

question

has been defined as: "a management strategy to maintain greater control over the legal uncertainty that may wreak havoc on a sport business."

answer

Risk Management

question

The goal is not to eliminate all of the risks, but rather to create an environment where the inherent risks within activities and services provided by an organization are minimized without producing a change in the activity itself.

answer

Risk Management

question

Every organization should have a current risk management plan that is specific to them, the ____________________________ can help establish a proper risk management program

answer

DIM Process

question

D.I.M. Process involves three steps:

answer

developing, implementing, managing

question

three stages of developing the risk management plan

answer

identification, classification, treatment

question

If the recreation or sport manager wants to control risks in the program, they must first identify those risks

answer

Identification Stage

question

type of risk categories

answer

Public liability caused by negligence, Public liability (excluding negligence), Property exposures, Business operations

question

risks of bodily injuries may include death, paralysis, brain injury, loss of limbs, internal injury, and musculoskeletal injuries.

answer

Public liability caused by negligence

question

risks of malpractice, product liability, intentional torts, employment practices, sexual harassment, civil liberty violations

answer

Public liability (excluding negligence)

question

risks of related to ownership or real and personal property (e.g. fire, lightning, floods, vandalism, theft)

answer

Property exposures

question

risks of embezzlement, theft, medical conditions of employees, health of key personnel, employees accidents/injuries

answer

Business operations

question

The purpose is to determine how often (frequency - high, medium, low) the risk may occur and the degree (severity - catastrophic, critical, moderate, low) of the potential loss arising from the risk

answer

Classification Stage

question

high, medium, low - how often of risk

answer

frequency

question

catastrophic, critical, moderate, low - degree of risk

answer

severity

question

methods for treatment of risks

answer

avoidance, transfer, retention, reduction of risks

question

Eliminate Activity

answer

avoidance

question

Insurance; Indemnity contracts with facilities being leased AKA "Hold Harmless" agreements; Waivers - participant signs away their right to sue for negligence

answer

transfer

question

Retain due to minor or inexpensive risks

answer

retention

question

Inspection program; Maintenance program; Training program; Data management program

answer

reduction of risks

question

Involve all employees in the risk management process; Use printed guidelines outlining risk reduction techniques; Utilizing a sound training program

answer

Implementing the Risk Management Plan

question

Hiring or selecting a risk manager and a risk management committee; Provide the risk manager or committee with the authority to lead; Provide employees with the opportunity for continual input into the risk management plan

answer

Managing the Risk Management Plan

question

Explain the D.I.M. process

answer

******************************

question

Discuss the various types of treatment of risks

answer

********************************

question

Can you manage a specific risk by its frequency and severity and then choose how to treat that risk?

answer

*******************************

question

are standards, guidelines, position statements, or recommendations developed and published by professional organizations used to measure competence of a professional

answer

Standards of Practice

question

can minimize liability associated with negligence if defendant can show he or she adhered to them - Makes it difficult to show breach of duty

answer

standards of practice

question

If defendant does not adhere to the ___________________________, they can be sued to increase liability with negligence.

answer

standards of practice

question

What are standards of practice?

answer

*********************************

question

Three risk management tools used to reduce an organization's liability are:

answer

risk management plan, legal audit, facility audit

question

risk management plan - Examine all potential risks in the areas of:

answer

Personnel, Facilities, Conduct of Activities, General Supervisory Practices, Crisis Management and Emergency Action Plans, Insurance Coverage

question

involves a complete legal checkup of an organization in order to discover and minimize potential legal threats

answer

legal audit

question

Process includes: Composing a list of areas appropriate to address; Selection of a legal audit manager and committee; Actual audit and its implementation

answer

legal audit

question

is a systemic method of identifying all risks related to a sport or recreation facility and how to treat them

answer

facility audit

question

broken down into three major parts: Initial Inspection, Risk Treatment, Periodic Inspections (daily, prior to each event, weekly, monthly, yearly, etc.)

answer

facility audit

question

consists of one or more staff members who walk throughout the facility trying to identify as many potential risks or hazards as possible

answer

initial inspection

question

should include all areas both inside and outside of the facility

answer

initial inspection

question

Once the potential risks have been identified and prioritized, the risks must be either:

answer

Eliminated (avoidance); Transferred; Retained (made as safe as possible); Reduced

question

Once the risk has been treated, a checklist with which to perform periodic facility inspections on a regular, on-going basis should be developed

answer

Periodic Inspections

question

The checklist should be customized for each facility and particular situation

answer

Periodic Inspections

question

What are the parts of a facility risk audit?

answer

********************************

question

What should be recorded on a Facility Audit/ Initial Inspections of facilities?

answer

*************************************

question

A Federal law imposed on all health care organizations including hospitals, physician offices, home health agencies, nursing homes and other providers, as well as health plans and clearinghouses, that protects patient health information

answer

HIPAA

question

Its main purpose is to make sure that Protected Health Information (PHI) is properly handled

answer

HIPAA

question

tells us how we must process and protect our patient information

answer

HIPAA

question

It also says that if we transmit PHI electronically, we must do it in a standard way

answer

HIPAA

question

Under ___________ patients have new rights that we must inform them about

answer

HIPAA

question

Who does HIPAA affect?

answer

all organizations that deal with a person's health information (Providers - Hospitals, Clinics and Physicians; Health Plans; Health Care Clearinghouses ; And yet, sport managers, sport administrators, educators, coaches, etc.)

question

Non-Compliance with Requirements and Standards

answer

HIPAA fines and penalties

question

Wrongful Disclosure of Protected Health information or Misuse of Identifiers (directly or indirectly)

answer

HIPAA fines and penalties

question

Access to health information (and restricted access to information when the patient does not want it disclosed); Amendments to PHI when patients make specific written requests and those requests are granted; Accounting of Disclosures (whenever we send patient information without prior patient approval); Restrictions on Uses and Disclosures of PHI (we are obligated to safeguard patient information and keep it confidential to protect their right to privacy)

answer

Patient Privacy rights include

question

Provides individual notice of all of the ways the organization uses and shares a patient's health information; Explains a patient's rights to confidentiality and access to his/her information; Is posted prominently in the organization and on the organization's Web site

answer

Notice of Privacy Practices

question

HIPAA allows us to share patient information with any of the patient's health care providers without an authorization from the patient. If you are presented with an authorization to release medical information, contact the Health Information Management Department

answer

The Release of Patient Information

question

You cannot share information with the patient's family, friends or anyone else without written authorization from the patient except

answer

Releasing Confidential Information

question

Any information about a patient that is written, saved on a computer, or electronic media (disks, CDs, etc.), or spoken

answer

Protected Health Information (PHI)

question

Protected Health Information (PHI). PHI includes:

answer

Name, Medical history, Age, Medications, E-Mail , Observations of Health, Social Security #, Medical Record Number, Address, Any Unique Identifier, Phone Number, The fact that the patient is in the hospital, Diagnosis

question

Print-based medical records need to be kept in a secure area or in a safe location with access to authorized people only. (These areas should be locked when not in use). Access to those locations needs to be controlled so that we can maintain the security of records containing PHI. If you use a workstation as part of your job, a password (not to be shared) should be used to control access to PHI. If a workstation is available/viewable by non-authorized people, use a screensaver or reposition to protect the viewing of PHI. Lock cabinets that contain PHI when you leave your area.

answer

security

question

What does HIPAA stand for?

answer

Health insurance portability and accountability act of 1996

question

requires health care workers to use the minimum amount of patient information they need to do their jobs efficiently and effectively

answer

HIPAA

question

Ask yourself: Do I need this information to do my job? What is the least amount of information I need to do my job?

answer

HIPAA

question

Basics of Privacy Issues Around Student Records

answer

FERPA

question

what does FERPA stand for

answer

the family educational right to privacy act

question

Students must have option to opt-out of inclusion in directory: Can request that directory info be withheld as long as the student is enrolled; Requires a written request to the registrar's office

answer

FERPA

question

Non-consensual disclosure of information prohibited under FERPA includes:

answer

Oral disclosure of information, Electronic disclosure of information (including via e-mail, websites, blogs, etc....), Disclosure of written information, Release of records or copies of records

question

Student Consent: Must be signed and dated by the student; Must be specific as to What records or information is to be disclosed; Purpose of the disclosure; Person or persons to whom disclosure is authorized

answer

FERPA

question

may allow non-consensual disclosure does not mean that the University is required to disclose

answer

FERPA

question

Third parties have duties too - The University must inform anyone who receives information by consent or consent exception that the information may be used only for the purpose for which the disclosure was made and that the information cannot be re-disclosed without written consent of the student

answer

FERPA

question

Must be made within reasonable time; Students can only access information about themselves; Right to Challenge Accuracy

answer

FERPA

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question

answer

crisis management plan

question

Formulate a planning committee; Identify the significant possible risks and crises; Develop an action plan for crisis response

answer

Developing A Crisis Management Plan (CMP)

question

Components in Developing Plan

answer

Personnel Issues, Facility Issues, Emergency Equipment, Emergency Action Plan, Communication Issues, Post-Crisis Issues, Documentation, Follow-up Procedure

question

Two phases in personnel preparation

answer

person in charge and specify duties and responsibilities

question

answer

personnel issues

question

Three Facility Issues

answer

Develop evacuation procedures, Identify EMS meeting location, Clearly identify location

question

Facility Issues - Clearly identify location of:

answer

Emergency Exits, Gas, Power, Water Shut off Valves, Alarm System, Back-up Power Systems, Main Electrical Panels, Fire Hose and Extinguishers

question

Identify types of equipment available and Identify where it is stored and who will have access to it

answer

Emergency Equipment Issues

question

Identify types of equipment available:

answer

communication equipment, Fire fighting equipment, First aid kits, Backboards and defibrillators

question

answer

Emergency Action Plan

question

Communication Issues: Two major aspects of effective communication are necessary

answer

Immediate notification of proper authorities; Quickly communicate with constituencies

question

answer

Post-Crisis Issues

question

answer

Documentation & Follow-up Procedures

question

Analysis and critique plan Develop final CMP: send copy to all affected parties Train staff periodically Test in real life conditions Retain all forms of documentation of CMP rehearsal

answer

Testing Crisis Management Plan

question

Identify and explain the main components of a Crisis Management Plan

answer

*************************

question

is a tool to assist in providing a safe and enjoyable environment for their guests

answer

Crowd Management Plan

question

An effective crowd management plan should address:

answer

Foreseeability; Managing the movement and activities of guests; Assisting in emergencies; Assisting guests with specific concerns related to their visit to the facility

question

answer

Important Elements of A Crowd Management Plan

question

first line of defense for crowd management.

answer

Ticket Takers

question

employed to identify and turn away prohibited items.

answer

Screeners/Searchers

question

customer service personnel for the facility or organization

answer

Ushers

question

trained to handle unruly crowds

answer

Peer-group/T-shirt security

question

Trained and Competent Staff

answer

Ticket Takers, Screeners/Searchers, Ushers, Peer-group/T-shirt security

question

are necessary to ensure that minor incidents do not become major incidents and that major incidents do not become fatal

answer

Crisis management and emergency action plan

question

should be established that addresses both disruptive behavior and how disruptive patrons should be removed from the facility.

answer

Well written policies

question

allows the crowd management staff to work efficiently and cooperatively to handle situations that may occur.

answer

An effective communication network

question

should be established and located in a position that can survey the overall event

answer

A communication post

question

Provide patrons with directions to important locations

answer

Directional Signs, Informational Signs

question

Cite prohibited items (bottles, Etc.) and also rules of the facility

answer

Informational Signs

question

Effective Signage

answer

Directional Signs

question

What are some of the elements of a crowd management plan?

answer

******************************

question

what should the crowd management plan address?

answer

***************************

question

is a method by which an individual or business pays a defined expenditure to protect against the possibility of a large, undetermined future loss or expense

answer

Insurance

question

allows an organization to manage risks by transferring them to a third party

answer

Insurance

question

answer

Determining Necessary Coverage

question

Types of Insurance Coverage

answer

question

Primary means of protecting the recreation or sport business from loss due to damage or destruction of its facility, the facility contents and accompanying properties

answer

Property Insurance

question

fire, malicious mischief, lighting, explosion, windstorm, aircraft/vehicles, sprinkler leakage, sinkhole collapse, volcanic action, vandalism, etc.

answer

Basic (protection against a limited hazards)

question

Levels of Coverage

answer

Basic, Broad, Special form

question

falling objects, weight of ice, water damage/flooding, smoke, etc.

answer

Broad (additional hazards)

question

collapse, burglary/theft.

answer

Special Form (all risks and hazards)

question

This insurance protects the business from financial loss in the event a person suffers injury or property loss as a result of the negligence of the business or its employees

answer

Commercial General Liability Insurance/CGL

question

professional liability/malpractice liability (usually for medical facilities)

answer

Errors and omissions coverage

question

protects from suits within an organization (e.g. injured employee sues a director)

answer

Cross Liability

question

pollution and damage to neighboring property

answer

Pollution Liability

question

athlete injuries

answer

Sports Liability policy

question

answer

Employment Practices Liability

question

is a policy which greatly increases the liability protection at a reasonable cost

answer

Umbrella liability

question

An extension policy to provide additional coverage

answer

Umbrella liability

question

Some businesses not only purchase liability insurance to protect the business, but also to protect employees in the event of legal action for their wrongful acts

answer

Liability Protecting Employees

question

Directors and officers liability Employee benefits liability Professional/malpractice insurance

answer

Liability Protecting Employees

question

This is a no-fault, statutory-based insurance which provides for compensation to employees who suffer injury in the course of their employment.

answer

Workers' Compensation

question

The worker receives compensation for lost income, both temporary and long term, and medical expenses incurred.

answer

Workers' Compensation

question

For any event, the business should purchase additional liability insurance if the event is not included in the CGL policy of the business

answer

Event Insurance

question

A common event liability policy would include bodily injury, personal injury, and property damage.

answer

Event Insurance

question

Can you identify the differences in the above listed types of insurance?

answer

**********************************

question

a form of strict liability

answer

Workers' Compensation

question

It does not matter whether the injury was caused by the employee's negligence or pure accident, all the employee has to show is that they were injured in the course of employment

answer

Workers' Compensation

question

answer

Economic Reality Test

question

The injured worker receives quick financial assistance with minimal interruption in their life

answer

Benefits of Workers' Compensation

question

In exchange for this protection, the injured worker agrees to forego any tort claim he or she might have against the employer

answer

Benefits of Workers' Compensation

question

answer

Test for Workers' Compensation

question

Exceptions of Workers' Compensation

answer

Volunteers, Scholarship Athletes

question

What are the two requirements to file a workman's compensation claim?

answer

***********************************

question

What are the two exceptions to workman's compensation claims? Why?

answer

*************************************

question

has been defined as: "a management strategy to maintain greater control over the legal uncertainty that may wreak havoc on a sport business."

answer

Risk Management

question

answer

Risk Management

question

Every organization should have a current risk management plan that is specific to them, the ____________________________ can help establish a proper risk management program

answer

DIM Process

question

D.I.M. Process involves three steps:

answer

developing, implementing, managing

question

three stages of developing the risk management plan

answer

identification, classification, treatment

question

If the recreation or sport manager wants to control risks in the program, they must first identify those risks

answer

Identification Stage

question

type of risk categories

answer

Public liability caused by negligence, Public liability (excluding negligence), Property exposures, Business operations

question

risks of bodily injuries may include death, paralysis, brain injury, loss of limbs, internal injury, and musculoskeletal injuries.

answer

Public liability caused by negligence

question

risks of malpractice, product liability, intentional torts, employment practices, sexual harassment, civil liberty violations

answer

Public liability (excluding negligence)

question

risks of related to ownership or real and personal property (e.g. fire, lightning, floods, vandalism, theft)

answer

Property exposures

question

risks of embezzlement, theft, medical conditions of employees, health of key personnel, employees accidents/injuries

answer

Business operations

question

The purpose is to determine how often (frequency - high, medium, low) the risk may occur and the degree (severity - catastrophic, critical, moderate, low) of the potential loss arising from the risk

answer

Classification Stage

question

high, medium, low - how often of risk

answer

frequency

question

catastrophic, critical, moderate, low - degree of risk

answer

severity

question

methods for treatment of risks

answer

avoidance, transfer, retention, reduction of risks

question

Eliminate Activity

answer

avoidance

question

Insurance; Indemnity contracts with facilities being leased AKA "Hold Harmless" agreements; Waivers - participant signs away their right to sue for negligence

answer

transfer

question

Retain due to minor or inexpensive risks

answer

retention

question

Inspection program; Maintenance program; Training program; Data management program

answer

reduction of risks

question

Involve all employees in the risk management process; Use printed guidelines outlining risk reduction techniques; Utilizing a sound training program

answer

Implementing the Risk Management Plan

question

answer

Managing the Risk Management Plan

question

Explain the D.I.M. process

answer

******************************

question

Discuss the various types of treatment of risks

answer

********************************

question

Can you manage a specific risk by its frequency and severity and then choose how to treat that risk?

answer

*******************************

question

are standards, guidelines, position statements, or recommendations developed and published by professional organizations used to measure competence of a professional

answer

Standards of Practice

question

can minimize liability associated with negligence if defendant can show he or she adhered to them - Makes it difficult to show breach of duty

answer

standards of practice

question

If defendant does not adhere to the ___________________________, they can be sued to increase liability with negligence.

answer

standards of practice

question

What are standards of practice?

answer

*********************************

question

Three risk management tools used to reduce an organization's liability are:

answer

risk management plan, legal audit, facility audit

question

risk management plan - Examine all potential risks in the areas of:

answer

Personnel, Facilities, Conduct of Activities, General Supervisory Practices, Crisis Management and Emergency Action Plans, Insurance Coverage

question

involves a complete legal checkup of an organization in order to discover and minimize potential legal threats

answer

legal audit

question

Process includes: Composing a list of areas appropriate to address; Selection of a legal audit manager and committee; Actual audit and its implementation

answer

legal audit

question

is a systemic method of identifying all risks related to a sport or recreation facility and how to treat them

answer

facility audit

question

broken down into three major parts: Initial Inspection, Risk Treatment, Periodic Inspections (daily, prior to each event, weekly, monthly, yearly, etc.)

answer

facility audit

question

consists of one or more staff members who walk throughout the facility trying to identify as many potential risks or hazards as possible

answer

initial inspection

question

should include all areas both inside and outside of the facility

answer

initial inspection

question

Once the potential risks have been identified and prioritized, the risks must be either:

answer

Eliminated (avoidance); Transferred; Retained (made as safe as possible); Reduced

question

Once the risk has been treated, a checklist with which to perform periodic facility inspections on a regular, on-going basis should be developed

answer

Periodic Inspections

question

The checklist should be customized for each facility and particular situation

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Periodic Inspections

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What are the parts of a facility risk audit?

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What should be recorded on a Facility Audit/ Initial Inspections of facilities?

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HIPAA

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Its main purpose is to make sure that Protected Health Information (PHI) is properly handled

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HIPAA

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tells us how we must process and protect our patient information

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HIPAA

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It also says that if we transmit PHI electronically, we must do it in a standard way

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HIPAA

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Under ___________ patients have new rights that we must inform them about

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HIPAA

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Who does HIPAA affect?

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Non-Compliance with Requirements and Standards

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HIPAA fines and penalties

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Wrongful Disclosure of Protected Health information or Misuse of Identifiers (directly or indirectly)

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HIPAA fines and penalties

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Patient Privacy rights include

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Notice of Privacy Practices

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The Release of Patient Information

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You cannot share information with the patient's family, friends or anyone else without written authorization from the patient except

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Releasing Confidential Information

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Any information about a patient that is written, saved on a computer, or electronic media (disks, CDs, etc.), or spoken

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Protected Health Information (PHI)

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Protected Health Information (PHI). PHI includes:

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security

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What does HIPAA stand for?

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Health insurance portability and accountability act of 1996

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requires health care workers to use the minimum amount of patient information they need to do their jobs efficiently and effectively

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HIPAA

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Ask yourself: Do I need this information to do my job? What is the least amount of information I need to do my job?

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HIPAA

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Basics of Privacy Issues Around Student Records

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FERPA

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what does FERPA stand for

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the family educational right to privacy act

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Students must have option to opt-out of inclusion in directory: Can request that directory info be withheld as long as the student is enrolled; Requires a written request to the registrar's office

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FERPA

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Non-consensual disclosure of information prohibited under FERPA includes:

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Oral disclosure of information, Electronic disclosure of information (including via e-mail, websites, blogs, etc....), Disclosure of written information, Release of records or copies of records

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FERPA

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may allow non-consensual disclosure does not mean that the University is required to disclose

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FERPA

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FERPA

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Must be made within reasonable time; Students can only access information about themselves; Right to Challenge Accuracy

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FERPA

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