Healthcare Law Flashcards
5 cards from real NHA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 5 Healthcare Law flashcards as text
Which federal law protects the privacy of patient health information?
Answer: Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law enacted in 1996 that established national standards to protect sensitive patient health information. It ensures the privacy and security of medical records and outlines when and how this information can be shared. HIPAA is foundational to patient trust and confidentiality in healthcare.
What is the main purpose of the Emergency Medical Treatment and Labor Act (EMTALA)?
Answer: To ensure that patients receive emergency care regardless of their ability to pay
The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law requiring hospitals that accept Medicare to provide emergency medical treatment to anyone who comes to the emergency department, regardless of their insurance status or ability to pay. Its main purpose is to prevent "patient dumping" and ensure access to life-saving care. This law protects vulnerable individuals in critical situations.
Under what circumstances can a healthcare provider disclose protected health information (PHI) without patient consent?
Answer: For treatment, payment, or healthcare operations
Under HIPAA, Protected Health Information (PHI) can be disclosed without explicit patient consent for specific purposes known as "Treatment, Payment, and Healthcare Operations" (TPO). This allows healthcare providers to share necessary information to care for the patient, bill for services, and manage the healthcare facility efficiently. These disclosures are limited to the minimum necessary information required.
What is the purpose of informed consent in healthcare?
Answer: To obtain the patient's agreement to a procedure after explaining the risks, benefits, and alternatives
Informed consent is a legal and ethical principle in healthcare that ensures a patient understands the nature of their medical condition, the proposed treatment or procedure, its potential risks and benefits, and any available alternatives. It requires the patient's voluntary agreement to proceed, empowering them to make autonomous decisions about their care. This process respects patient autonomy and promotes shared decision-making.
What legal doctrine holds healthcare providers liable for the actions of their employees?
Answer: Vicarious liability
Vicarious liability is a legal doctrine that holds one party responsible for the actions of another. In healthcare, it means that a hospital or supervising physician can be held liable for the negligent acts or omissions of their employees, such as nurses or medical assistants, performed within the scope of their employment. This doctrine ensures accountability within healthcare organizations and protects patients.