NURS 372: Healthcare Law & Policy
Exam With Complete Solutions
Healthcare Policy - ANSWER - decisions, plans, and actions that are undertaken
to achieve specific healthcare goals within a society
Law - ANSWER - a system of rules that are created by society or government to
promote or regulate specific behaviors and relationships, to manage crimes,
and to establish business agreements
- laws may either prohibit action or require action on the part of individuals,
businesses, or the government
Constitutional Law - ANSWER - a person's constitutional rights
- rights are granted to a person by the US constitution
- ex: a patient's right to refuse treatment
- derived from federal and state constitutions
Statutory Law - ANSWER - broken down into civil law and criminal law
- civil Laws: protect the rights of individuals and provide for fair and equitable
treatment when civil wrongs or violations occur
- criminal Laws: protect society and provide punishment for crimes, which are
defined by municipal, state, and federal legislation
- ex: civil Laws: Nurse Practice Acts: Define nursing and the standards you must
meet within individual states
- criminal law: criminal mistreatment of vulnerable adults
- classified as either a misdemeanor or felony offense
- derived from statutes passed by the US Congress and state legislatures
Administrative Law/Regulatory Law - ANSWER - more clearly defines
expectations of civil and criminal laws
- ex: Nursing Practice Act states that you have the duty to care for your patients;
nurses must report incompetence and unethical nursing of other nurses
- if the nurse who witnesses the unethical nursing behavior does not report it,
they have violated regulatory law
- president, agencies of the executive branch, and independent regulatory
agencies
Common Law - ANSWER - originates from decisions that were made in the
absence of the law
,- ex: the right to privacy is implied in the US constitutions, therefor, patient
confidentiality originated as common law
- originates from other laws
Case Law - ANSWER - decisions made in legal cases that were resolved in
courts
- after a case is presented to a judge or jury, there is a report of the issue, facts,
findings, and subsequent decision that was made to resolve the issue
- developed from judicial opinions
Case Law Example - ANSWER - case of Turner v. Medical Center, the guardian of
Ms. Turner alleged that her healthcare providers did not meet standard care of
practice when caring for her tracheostomy and she died
- jury concurred and awarded $22 million in favor of the Turner Estate
- after an appeal and a lengthy analysis, the court awarded in favor of the estate
for $7 million considering past damages, but it denied the request for future
damages in the amount of $15 million.
Nurse Practice Act - ANSWER - civil state laws that define nursing and the
standards you must meet within individual states
- you have the duty to care for your patients
- duty means you will observe, assess, diagnose, plan, intervene, and evaluate
patient care
Difference Between Civil and Criminal Law - ANSWER - civil Laws: protect the
rights of individuals and provide for fair and equitable treatment when civil
wrongs or violations occur
- criminal laws: protect society and provide punishment for crimes, which are
defined by municipal, state, and federal legislation
Difference Between Civil and Criminal Law Examples - ANSWER - civil laws:
Nurse Practice Acts: Define nursing and the standards you must meet within
individual states.
- criminal law: criminal mistreatment of vulnerable adults
- classified as either a misdemeanor or felony offense
Standards of Care - ANSWER - standards of care reflect the knowledge and skill
ordinarily possessed and used by nurses
- derived from health care laws, best practice guidelines, professional
organization white papers, evidence-based nursing knowledge, and citizen
advocacy groups
Developers of the Standards for Nursing Practice - ANSWER - the ANA and
specialty nursing organizations
, What do the Nurse Practice Acts Define? - ANSWER - the scope, function, and
role of the nurse in practice and guide your practice
- sometimes used when legal actions are taken against nurses
Standard of Proof - ANSWER - if a nurse is involved in a malpractice lawsuit,
what is the nurse's conduct compared to?
- a nurse's actual conduct is compared with nursing standards of care to
determine whether the nurse acted as any reasonably prudent nurse would act
under the same or similar circumstances. Federal Statues Impacting Nursing
Practice
Emergency Medical Treatment and Active Labor Act - ANSWER - prohibits the
transfer of patients from private to public hospitals without appropriate
screening and stabilization
- it is intended to prevent what is referred to as patient dumping
EMTALA Example - ANSWER - an example of an EMTALA in practice could be a
patient arrives at a Critical Access Hospital in critical condition and is intubated
and placed on a ventilator
- the Critical Access Hospital does not have an ICU and is not able to manage the
care of this patient (they can handle the emergency, but not the intensive care
he needs)
- the doctor calls a larger facility to request a transfer because the larger facility
has an ICU - the hospital supervisor denies the transfer even though the larger
facility has the capability (has an ICU) and has the capacity (bed and staff
available) to care for the patient
Patient Self-Determination Act - ANSWER - requires health care institutions to
provide written information to patients concerning their rights to make decisions
about their care, including the right to refuse treatment and to formulate an
advance directive
Background on the PSDA - ANSWER - often times laws come about because of
real life things that happen (case law)!
- with the PSDA, many lawmakers had been pushing for a law to encourage
people to complete advance directives
- this was because of several medical cases that went to court because patients
had become incapacitated and there were battles between hospitals saying they
can't stop treatment and families saying their family member wouldn't want to be
a 'vegetable.' - these so called "right to die" cases brought about changes in law
and policies
- (One case is the case of Karen Ann Quinlan if you are interested)
Advance Directive - ANSWER - a document developed by the patient that
instructs others to do tasks before, during, and after his or her death
Exam With Complete Solutions
Healthcare Policy - ANSWER - decisions, plans, and actions that are undertaken
to achieve specific healthcare goals within a society
Law - ANSWER - a system of rules that are created by society or government to
promote or regulate specific behaviors and relationships, to manage crimes,
and to establish business agreements
- laws may either prohibit action or require action on the part of individuals,
businesses, or the government
Constitutional Law - ANSWER - a person's constitutional rights
- rights are granted to a person by the US constitution
- ex: a patient's right to refuse treatment
- derived from federal and state constitutions
Statutory Law - ANSWER - broken down into civil law and criminal law
- civil Laws: protect the rights of individuals and provide for fair and equitable
treatment when civil wrongs or violations occur
- criminal Laws: protect society and provide punishment for crimes, which are
defined by municipal, state, and federal legislation
- ex: civil Laws: Nurse Practice Acts: Define nursing and the standards you must
meet within individual states
- criminal law: criminal mistreatment of vulnerable adults
- classified as either a misdemeanor or felony offense
- derived from statutes passed by the US Congress and state legislatures
Administrative Law/Regulatory Law - ANSWER - more clearly defines
expectations of civil and criminal laws
- ex: Nursing Practice Act states that you have the duty to care for your patients;
nurses must report incompetence and unethical nursing of other nurses
- if the nurse who witnesses the unethical nursing behavior does not report it,
they have violated regulatory law
- president, agencies of the executive branch, and independent regulatory
agencies
Common Law - ANSWER - originates from decisions that were made in the
absence of the law
,- ex: the right to privacy is implied in the US constitutions, therefor, patient
confidentiality originated as common law
- originates from other laws
Case Law - ANSWER - decisions made in legal cases that were resolved in
courts
- after a case is presented to a judge or jury, there is a report of the issue, facts,
findings, and subsequent decision that was made to resolve the issue
- developed from judicial opinions
Case Law Example - ANSWER - case of Turner v. Medical Center, the guardian of
Ms. Turner alleged that her healthcare providers did not meet standard care of
practice when caring for her tracheostomy and she died
- jury concurred and awarded $22 million in favor of the Turner Estate
- after an appeal and a lengthy analysis, the court awarded in favor of the estate
for $7 million considering past damages, but it denied the request for future
damages in the amount of $15 million.
Nurse Practice Act - ANSWER - civil state laws that define nursing and the
standards you must meet within individual states
- you have the duty to care for your patients
- duty means you will observe, assess, diagnose, plan, intervene, and evaluate
patient care
Difference Between Civil and Criminal Law - ANSWER - civil Laws: protect the
rights of individuals and provide for fair and equitable treatment when civil
wrongs or violations occur
- criminal laws: protect society and provide punishment for crimes, which are
defined by municipal, state, and federal legislation
Difference Between Civil and Criminal Law Examples - ANSWER - civil laws:
Nurse Practice Acts: Define nursing and the standards you must meet within
individual states.
- criminal law: criminal mistreatment of vulnerable adults
- classified as either a misdemeanor or felony offense
Standards of Care - ANSWER - standards of care reflect the knowledge and skill
ordinarily possessed and used by nurses
- derived from health care laws, best practice guidelines, professional
organization white papers, evidence-based nursing knowledge, and citizen
advocacy groups
Developers of the Standards for Nursing Practice - ANSWER - the ANA and
specialty nursing organizations
, What do the Nurse Practice Acts Define? - ANSWER - the scope, function, and
role of the nurse in practice and guide your practice
- sometimes used when legal actions are taken against nurses
Standard of Proof - ANSWER - if a nurse is involved in a malpractice lawsuit,
what is the nurse's conduct compared to?
- a nurse's actual conduct is compared with nursing standards of care to
determine whether the nurse acted as any reasonably prudent nurse would act
under the same or similar circumstances. Federal Statues Impacting Nursing
Practice
Emergency Medical Treatment and Active Labor Act - ANSWER - prohibits the
transfer of patients from private to public hospitals without appropriate
screening and stabilization
- it is intended to prevent what is referred to as patient dumping
EMTALA Example - ANSWER - an example of an EMTALA in practice could be a
patient arrives at a Critical Access Hospital in critical condition and is intubated
and placed on a ventilator
- the Critical Access Hospital does not have an ICU and is not able to manage the
care of this patient (they can handle the emergency, but not the intensive care
he needs)
- the doctor calls a larger facility to request a transfer because the larger facility
has an ICU - the hospital supervisor denies the transfer even though the larger
facility has the capability (has an ICU) and has the capacity (bed and staff
available) to care for the patient
Patient Self-Determination Act - ANSWER - requires health care institutions to
provide written information to patients concerning their rights to make decisions
about their care, including the right to refuse treatment and to formulate an
advance directive
Background on the PSDA - ANSWER - often times laws come about because of
real life things that happen (case law)!
- with the PSDA, many lawmakers had been pushing for a law to encourage
people to complete advance directives
- this was because of several medical cases that went to court because patients
had become incapacitated and there were battles between hospitals saying they
can't stop treatment and families saying their family member wouldn't want to be
a 'vegetable.' - these so called "right to die" cases brought about changes in law
and policies
- (One case is the case of Karen Ann Quinlan if you are interested)
Advance Directive - ANSWER - a document developed by the patient that
instructs others to do tasks before, during, and after his or her death
