Health Insurance Portability and Accountability Act
Penalties for HIPAA Violation
Civil (fines)
Criminal (prison sentences)
Involuntary Hospitalization
Health care professionals respect client's wishes to not be treated unless they are imminent danger to self or others, in which case they are committed/treated until they are no longer a danger
Client Rights
Right to refuse treatment
Informed consent
Least restrictive environment to meet needs
Confidentiality
Choice of providers
Treatment determined by professionals, not third party payers
Parity
Nondiscrimination
Treatment that affords greatest protection and benefit
Fair and valid treatment review processes
Treating professionals and payers held accountable for any injury caused by gross incompetence, negligence, or clinically unjustified decisions
A client can refuse a medication unless they are actively trying to hurt themselves or others
Types of Restraints
Manual/Human - holding a patient down
Mechanical - arms tied to bed, mittens, etc
Chemical - medication
Principles/Restraints
Confidentiality
Choice of providers
Treatment determined by professionals, not third party payers
Parity
Nondiscrimination
Treatment that affords greatest protection and benefit
Fair and valid treatment review processes
Treating professionals and payers held accountable for any injury caused by gross incompetence, negligence, or clinically unjustified decisions
All Types of Restraints
Restraint: direct application of physical force to person without permission
Manual/Human - holding a patient down
Mechanical - arms tied to bed, mittens, etc
Chemical - medication
Seclusion
Involuntary confinement in specially constructed, locked room equipped with security window or camera for direct visual monitoring
Restricting a client to any room is also considered seclusion
Restraint/seclusion only for shortest time necessary
Restraint/seclusion permitted only when client is imminently aggressive/dangerous
Torts
Wrongful act, resulting in injury, loss or damage
Types of Torts
Unintentional Torts
Intentional Torts
Unintentional Torts
Negligence
Malpractice
Elements to Prove Malpractice
Duty
Breach of duty
Injury or damage
Causation
Negligence
Failure to do what a reasonable person would do in same situation
Malpractice
Type of negligence referring to nurses/physicians
Intentional Torts
Assault and Battery
False Imprisonment
Three elements to prove liability for intentional torts
Willful, voluntary act
Intention to bring about consequences of injury
Act was a substantial factor in injury or consequences
Ethics
Moral Principles. Rightness and wrongness of actions and the ends of such actions
Ethical Dilemma
Conflict of ethical principles with no one clear course of action
Utilitarianism
Decisions bases on the greatest good for the greatest number
Deontology
Decisions based on whether action is morally right or wrong, with no regard for consequences
Principles of Deontology
Autonomy: right to self determination, independence
Beneficence: duty to benefit others or promote good
Nonmaleficence: requirement to do no harm
Justice: fairness
Veracity: honest, truthfulness
Fidelity: obligation to honor commitments and contracts
Loss
A normal part of life and so is grief - everyone has loss at some point or another