Legal and Ethical Issues Flashcards

Which federal law enacted in 1987 establishes rights for residents in US nursing homes?

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.

Under HIPAA, when can a caregiver share a resident's medical information with a family member?

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.

What is informed consent in the context of senior care?

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.

A resident tells a caregiver that their family member is taking their personal money. What should the caregiver do?

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.

What does an Advance Directive document allow a person to do?

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.

Which statement best defines elder abuse?

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.