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ebook download (eBook PDF) Legal and Ethical Aspects of Health Information Management 4th Edition all chapter
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vi CONTENTS
REVIEW QUESTIONS 48
ENRICHMENT ACTIVITY 48
4 Principles of Liability 67
Learning Objectives • Key Concepts
HEALTH CARE RELATIONSHIPS 68
Physician–Patient Relationships • Hospital–Patient Relationships • Hospital–
Physician Relationships
THEORIES OF LIABILITY 72
Nonintentional Torts • Intentional Torts • Social Media
DEFENSES AND LIMITATIONS ON LIABILITY 87
Statutes of Limitations • Charitable Immunity • Governmental Immunity • Good
Samaritan Statutes • Contributory and Comparative Negligence • Assumption of
Risk • Apologies
CONCLUSION 91
CASE STUDY 91
REVIEW QUESTIONS 91
ENRICHMENT ACTIVITY 92
5 Ethical Standards 97
Learning Objectives • Key Concepts
ETHICAL MODELS 98
Ethical Concepts • Ethical Theories
CONCLUSION 109
CASE STUDY 109
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
CONTENTS vii
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
CONTENTS ix
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
x CONTENTS
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
CONTENTS xi
APPENDICES 375
Appendix A: Table of Cases 376
Appendix B: List of Common Acronyms 386
Appendix C: Sample HIPAA Privacy Notices 391
Appendix D: The Patient Care Partnership 402
Appendix E: Sample Forms of a Durable Power of Attorney for Health Care and a Health
Care Directive (Living Will) and Accompanying HIPAA Form 403
Appendix F: Selected Laws Affecting HIM 419
Glossary 422
Index 437
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Dedicated to
Patrick, Conor, William, and Ryan for their patience
and encouragement throughout the development of this text.
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
PREFACE
INTRODUCTION
The fourth edition of this text addresses numerous changes in the law and in
society since the time the third edition was developed. Revised chapter content
and objectives meet CAHIIM curriculum standards and competencies for
accreditation, to keep the learner abreast of the latest trends in health care.
Throughout the text, provisions of the HITECH-HIPAA Omnibus Final Rule
are integrated, as are materials addressing the use of social media and the chal-
lenges social media poses to protecting health information. In selected chapters,
materials from the Office for Civil Rights (OCR) of the U.S. Department of
Health and Human Services are incorporated. These materials focus on guidance
from OCR relating to (1) the HIPAA privacy rule and sharing information con-
cerning mental health; (2) communicating with a patient’s family, friends, and
others involved in the patient’s care; and (3) proper disposal of protected health
information. Changes in regulations relating to patient access to lab tests pur-
suant to the Clinical Laboratory Improvement Amendments (CLIA) are
included.
The success of the third edition validated the approach of expanding the text
to incorporate both legal and ethical aspects of health information management.
Woven throughout the text is a thorough updating of the law, plus changes in
rules of procedure, evidence, and the HIPAA standards. Newer concepts have
been either added or expanded upon, including discussion of social media and its
various applications to health information management. This provides the reader
and instructor with the opportunity to focus solely on law, solely on ethics, or on
both law and ethics. This text incorporates the model curriculum of the American
Health Information Management Association (AHIMA) for both the health
information administrator and health information technician programs, effective
with the 2014 revisions. Although differences exist in the curricula between the
programs, it is my belief that the content of this text is applicable to students in
both groups because it is written with multiple levels of detail. Instructors may
determine the emphasis level of each chapter as it is taught during the semester.
xiii
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
xiv PREFACE
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
PREFACE xv
SUPPLEMENTS
The following supplements have been developed to accompany this textbook
to assist with learning content covered in Legal and Ethical Aspects of Health
Information Management, Fourth Edition.
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
xvi PREFACE
MindTap
New: McWay’s Legal and Ethical Aspects of Health Information Management,
Fourth Edition, on MindTap is the first of its kind in an entirely new category:
the Personal Learning Experience (PLE). This personalized program of digital
products and services uses interactivity and customization to engage students,
while offering instructors a wide range of choice in content, platforms, devices,
and learning tools. MindTap is device agnostic, meaning that it will work with
any platform or learning management system and will be accessible anytime,
anywhere: on desktops, laptops, tablets, mobile phones, and other Internet-
enabled devices.
This MindTap includes:
• An interactive eBook with highlighting, note-taking (integrated with
Evernote), and more
• Flashcards for practicing chapter terms
• Computer-graded activities and exercises:
• Self-check and application activities integrated with the eBook
• Additional computer-graded activities and exercises
• Easy submission tools for instructor-graded exercises ISBN:
9781305506565 (electronic access code)/ 9781305506589 (printed
access card)
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
PREFACE xvii
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
xviii PREFACE
ACKNOWLEDGMENTS
Many persons have played a role in the creation of this textbook, including family,
friends, and colleagues. A special thank you is warranted for my family, who showed
patience, understanding, and support for the long hours spent on this new edition
of my first textbook. I express my appreciation to my parents for their guidance and
support over a lifetime. My editor for this project, Amy Wetsel, and former editor,
Jadin Kavanaugh, guided me through the transition of this text to a fourth edition,
and I am grateful for their assistance. My appreciation is extended to the reviewers
of my manuscript. Your comments aided in strengthening this text.
Reviewers
The author and publisher would like to recognize the following reviewers for
their invaluable feedback on this product:
Annette Bigalk, RHIA
HIT Program Chair
Arapahoe Community College
Littleton, Colorado
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
PREFACE xix
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
xx PREFACE
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
PREFACE xxi
federal courts, state courts, or courts found in a particular region of the United
States. Citations to these primary sources are explained in the “About Legal
Citations” section. Secondary sources are the writings or commentaries about
the law, including legal encyclopedias, articles found in professional journals,
and legal treatises. This book is an example of a secondary source.
With so many sources to choose from, how does the learner find the
answer? There are several techniques to choose from, all of which apply to
the traditional method of using books for research or through the newer
method of using computer-based legal databases. The learner should choose
from the following techniques when beginning legal research:
1. Generalized approach. This approach is most applicable when the learner
has little or no general knowledge about the problem or area that is the
subject of research. It begins with a review of secondary source materials,
such as legal encyclopedias or articles in professional journals. These mate-
rials often have a table of contents or indexes to guide further research,
leading to review of topics of interest. Many of these topics of interest list
citations, footnotes, or references to primary source material, which will
further aid the learner’s research.
2. Known authority approach. This approach is most applicable when the
learner knows the citation to the constitutional provision, statute, case, or
administrative decision or regulation (the “authority”). It begins with a
review of primary source materials to locate the citation of the authority in
question and follows with a review of that authority.
3. Descriptive word or fact word approach. This approach is most applicable
when the learner knows general information about the subject matter but
does not have a specific citation to the relevant primary authority. After
choosing a descriptive or fact word, the learner should look in the index to
a set of official or unofficial codes to find constitutions, statutes, and
administrative regulations or to the applicable case digest to find a court
case or administrative decision.
4. Known topic approach. This approach is most applicable when the learner
knows the area of law involved but not the specific legal authority. For
constitutions, statutes, and administrative regulations, the learner should
look to the subject matter grouping within the official and unofficial codes.
For court cases or administrative decisions, look to the topic and subtopic
sections of the applicable case digest.
Once the learner has found the authority being researched, the research activ-
ity is not over. Rather, the learner must continue the research to check the current
status (i.e., validity) of the authority. The easiest, most thorough, and most com-
plete method to check the status of the authority in question is through the use of
a computer-based legal database. A search begins for references to the citation by
typing the authority’s citation into the database. The learner should review the
listed references to evaluate their effect, if any, on the citation in question.
Alternatively, nonelectronic methods of checking the current status of an
authority are available. Many hardbound volumes contain so-called pocket
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
xxii PREFACE
parts, which are paperbound pamphlets inserted into a slot in the cover of the
hardbound volume. The pocket parts follow the same format as the hardbound
volume to which they correspond and report any additions to or decisions for
the main text. Supplements to hardbound volumes follow the same principles.
The learner should review the references to the citation to evaluate their effect,
if any, on the citation in question.
Another method is to trace the subsequent work of a legal authority
through a citator publication; the best known is Shepard’s Citations. The
entries contained in Shepard’s list authorities (e.g., other cases, journal articles,
and attorney general opinions) that have cited the legal authority that is the
subject of the research. Detailed instruction on the use of a citator publication
such as Shepard’s is beyond the scope of this book.
Copyright 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
PART ONE
Study of the Law in General
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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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