zoom 13 ch14 ethics and legal issues.ppt

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1. Copyright © 2014 by Pearson Education, Inc.
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Fundamentals of Health Care Administration
Shelly C. Safian
CH14: LEGAL AND ETHICAL ISSUES

2. Copyright © 2014 by Pearson Education, Inc.
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Fundamentals of Health Care Administration
Shelly C. Safian
LEARNING OBJECTIVESLEARNING OBJECTIVES
•After this lecture, you should be able to
complete the following Learning Objectives:
•14.1 - Define commonly used terms, abbreviations,
and acronyms.
•14.2 - Identify the laws, regulations, and statutes
affecting health care.
continued on next slide

3. Copyright © 2014 by Pearson Education, Inc.
All Rights Reserved
Fundamentals of Health Care Administration
Shelly C. Safian
LEARNING OBJECTIVESLEARNING OBJECTIVES
•After this lecture, you should be able to
complete the following Learning Objectives:
•14.3 – Interpret the laws into policies and
procedures necessary to comply.
•14.4 – Evaluate the impact of failure to comply.
continued on next slide

4. Copyright © 2014 by Pearson Education, Inc.
All Rights Reserved
Fundamentals of Health Care Administration
Shelly C. Safian
LEARNING OBJECTIVESLEARNING OBJECTIVES
•After this lecture, you should be able to
complete the following Learning Objectives:
•14.5 – Enumerate the steps used in ethical decision
making.

5. Copyright © 2014 by Pearson Education, Inc.
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Fundamentals of Health Care Administration
Shelly C. Safian
KEY TERMS
14.1 - Define commonly used terms,
abbreviations, and acronyms.

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Fundamentals of Health Care Administration
Shelly C. Safian
KEY TERMSKEY TERMS
•Affordable Care Act (ACA)
•Americans with Disabilities Act (ADA)
•Anti-Kickback Law
•deontological
•doctrine of corporate negligence
•Emergency Medical Treatment and Active Labor
Act (EMTALA)
continued on next slide

7. Copyright © 2014 by Pearson Education, Inc.
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Fundamentals of Health Care Administration
Shelly C. Safian
KEY TERMSKEY TERMS
•Equal Employment Opportunity Act (EEO)
•ethics
•False Claims Act
•Family and Medical Leave Act (FMLA)
•Health Insurance Portability and Accountability
Act (HIPAA)
continued on next slide

8. Copyright © 2014 by Pearson Education, Inc.
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Fundamentals of Health Care Administration
Shelly C. Safian
KEY TERMSKEY TERMS
•Hill-Burton Act
•OSHA
•Stark
•teleological
•wage and hour

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Fundamentals of Health Care Administration
Shelly C. Safian
INTRODUCTION

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Fundamentals of Health Care Administration
Shelly C. Safian
CULTURE OF INTEGRITYCULTURE OF INTEGRITY
•An organizational culture of honesty and
integrity, also known as legal and ethical
behaviors, is one that originates at the top,
with the administrators, and filters down to
every staff member.

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Fundamentals of Health Care Administration
Shelly C. Safian
HEALTH CARE LAWS
14.2 – Identify the laws, regulations,
and statutes affecting health care.

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Fundamentals of Health Care Administration
Shelly C. Safian
LEGAL CONCEPTSLEGAL CONCEPTS
•Battery
•Fraud
•Failure to Report
•Falsification of records
•Respondeat superior
•Malpractice

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Fundamentals of Health Care Administration
Shelly C. Safian
PATIENT CARE LAWS AND PATIENT CARE LAWS AND
REGULATIONSREGULATIONS
•Emergency Medical Treatment and Active Labor
Act (EMTALA)
•Stark
•Hill-Burton Act

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Fundamentals of Health Care Administration
Shelly C. Safian
BUSINESS LAWS AND BUSINESS LAWS AND
REGULATIONSREGULATIONS
•Health Insurance Portability and Accountability
Act (HIPAA)
•False Claims Act
•Affordable Care Act (ACA)

15. Copyright © 2014 by Pearson Education, Inc.
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Fundamentals of Health Care Administration
Shelly C. Safian

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Fundamentals of Health Care Administration
Shelly C. Safian
EMPLOYMENT LAWS AND EMPLOYMENT LAWS AND
REGULATIONSREGULATIONS
•Doctrine of Corporate Negligence
•Equal Employment Opportunity Act (EEO)
•Occupational Safety and Health Act (OSHA)
•Americans with Disabilities Act (ADA)
•Wage and hour laws
•Family and Medical Leave Act (FMLA)

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Fundamentals of Health Care Administration
Shelly C. Safian
CREATING POLICIES FOR
COMPLIANCE
14.3 – Interpret the laws into policies
and procedures necessary to comply.

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Fundamentals of Health Care Administration
Shelly C. Safian
ADMINISTRATOR'S ADMINISTRATOR'S
RESPONSIBILITIESRESPONSIBILITIES
•Legal liability for actions that may present a
risk of harm or creates a danger
•Ensure that due diligence was done
•Ensure staff has proper credentials and skills to
perform assigned tasks

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Fundamentals of Health Care Administration
Shelly C. Safian
IMPACT OF
NONCOMPLIANCE
14.4 – Evaluate the impact of failure to
comply.

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Fundamentals of Health Care Administration
Shelly C. Safian
RISKS AND CONSEQUENCESRISKS AND CONSEQUENCES
•Fines
•Penalties
•Jail
•Prison
•Personally liable for not doing your job
•Doctrine of corporate negligence
•Doctrine of respondeat superior

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Fundamentals of Health Care Administration
Shelly C. Safian
ETHICAL DECISION
MAKING
14.5 - Enumerate the steps used in
ethical decision making.

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Fundamentals of Health Care Administration
Shelly C. Safian
ETHICAL DECISION-MAKINGETHICAL DECISION-MAKING
•Deontological decisions
•Based on the duty or moral obligation to act
•Teleological decisions
•Consider the outcome of the action in the decision
to act or not

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Shelly C. Safian

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Fundamentals of Health Care Administration
Shelly C. Safian
ETHICAL PRINCIPLESETHICAL PRINCIPLES
•Autonomy
•An individual's right to decide
•Non-maleficence
•Absence of harm
•Beneficence
•Doing good acts
•Justice
•All treated fairly

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Shelly C. Safian
STEPS TO ETHICAL DECISION STEPS TO ETHICAL DECISION
MAKINGMAKING
1.Specifically describe the question or issue.
2.Delineate the facts surrounding the question.
3.Identify all individuals involved or affected by
this decision and what your relationship to
each may be.
continued on next slide

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Shelly C. Safian
STEPS TO ETHICAL DECISION STEPS TO ETHICAL DECISION
MAKINGMAKING
4.Research guidance from all applicable
sources.
5.Ask for input.
6.Evaluate at least three decision scenarios.
7.Formulate the plan of action and implement
it.

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Fundamentals of Health Care Administration
Shelly C. Safian
SUMMARYSUMMARY
•Legal and ethical decisions are required of
everyone connected with the provision of
health care services.
•Creating a culture of legal and ethical behavior
begins in the administrative offices of every
facility—large or small.

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Shelly C. Safian

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Shelly C. Safian

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Shelly C. Safian

31. Copyright © 2014 by Pearson Education, Inc.
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Fundamentals of Health Care Administration
Shelly C. Safian

32. Copyright © 2014 by Pearson Education, Inc.
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Fundamentals of Health Care Administration
Shelly C. Safian