Senior Care Legal and Ethical Issues 1 — Questions and Answers
Question 1: Which federal law enacted in 1987 establishes rights for residents in US nursing homes?
- HIPAA
- The Omnibus Budget Reconciliation Act (OBRA 1987) (Correct answer)
- The Americans with Disabilities Act (ADA)
- The Affordable Care Act (ACA)
Correct answer: The Omnibus Budget Reconciliation Act (OBRA 1987)
OBRA 1987 established a comprehensive set of resident rights and quality-of-care standards for US nursing facilities.
Question 2: Under HIPAA, when can a caregiver share a resident's medical information with a family member?
- Any time a family member requests it
- Only when the resident has given consent or the family member is the legal health care decision-maker (Correct answer)
- Whenever it seems to be in the resident's best interest
- Never, under any circumstances
Correct answer: Only when the resident has given consent or the family member is the legal health care decision-maker
HIPAA protects resident privacy; information can only be shared with consent or with the legally authorized decision-maker.
Question 3: What is informed consent in the context of senior care?
- A form signed upon admission that covers all future care decisions
- A process where the resident receives understandable information about a procedure and voluntarily agrees to it (Correct answer)
- Permission from the family to proceed with any treatment
- A legal document that allows the care team to make all decisions
Correct answer: A process where the resident receives understandable information about a procedure and voluntarily agrees to it
Informed consent requires that the resident understands the proposed treatment, risks, alternatives, and gives voluntary agreement.
Question 4: A resident tells a caregiver that their family member is taking their personal money. What should the caregiver do?
- Investigate on their own to find out more details
- Report the disclosure immediately to the charge nurse and document it as a potential financial abuse case (Correct answer)
- Advise the resident to handle it themselves
- Confront the family member directly
Correct answer: Report the disclosure immediately to the charge nurse and document it as a potential financial abuse case
Financial exploitation is a form of elder abuse and must be reported to the nurse and appropriate authorities through proper channels.
Question 5: What does an Advance Directive document allow a person to do?
- Appoint a financial power of attorney for all legal matters
- State their wishes for medical treatment if they become unable to make decisions themselves (Correct answer)
- Transfer their property to family members before death
- Apply for Medicaid benefits in advance
Correct answer: State their wishes for medical treatment if they become unable to make decisions themselves
Advance directives allow individuals to document their health care preferences and designate a decision-maker before they lose capacity.
Question 6: Which statement best defines elder abuse?
- Any conflict between a caregiver and a senior resident
- Intentional or negligent acts by a caregiver or trusted person that cause harm or serious risk to a vulnerable adult (Correct answer)
- Withholding praise or positive reinforcement from older adults
- A resident complaining about care quality
Correct answer: Intentional or negligent acts by a caregiver or trusted person that cause harm or serious risk to a vulnerable adult
Elder abuse includes physical, emotional, sexual, financial, and neglect-based acts that harm or endanger a vulnerable older adult.
Senior Care Legal and Ethical Issues 1
Which federal law enacted in 1987 establishes rights for residents in US nursing homes?