Legal and Legislative Issues (Exam #3)
Study online at https://quizlet.com/_8byvdf
1. Purpose of Law and Legislation in Nursing: - Protect the patient and the nurse
- Law and legislation define the scope of acceptable practice, as well as protecting individual rights
- Being aware of these rights allows the nurse to better protect themselves against liability or loss of licensure
2. Sources of Law and Nursing Practice: - Laws are expressed in terms of "must" and "shall" and are
based on society's interest in prohibiting or controlling behavior.
- Statutory Law
- Common Law
3. Statutory Law - Federal Statutes: Conditions of Participation for Hospitals in Medicare
- Have halted payment to hospitals for preventable patient complications and injuries
Emergency Medical Treatment and Active Labor Law
- "anti-dumping law", prohibit the refusal of care for those unable to pay at the ED
Americans with Disabilities Act of 1990
- Patients with vision and hearing disabilities need to be able to communicate or be educated by caregivers
Patient Self-Determination Act of 1990
- Established in 1991, requires any health care organization that received federal funding (A.K.A. Medicare or Medicaid)
MUST provide education to staff and patients on end of life treatment issues.
Health Insurance Portability and Accountability Act of 1996
- Confidentiality of patient information
- Whistleblowing
4. Health insurance portability and accountability act of 1966 (HIPAA): - Part 2: Privacy
Rules- directed at ensuring strong privacy protection for patient without threatening access to care.
- Applies to health plans, healthcare clearinghouses, health providers
- Attempts to balance the need for protection of personal health information (PHI) with the need for disclosure of that
information for patient care
Firing over HIPAA violation
5. Whistleblowing Definition: - The obligation to denounce is based on the fact that to remain silent is to
consent to the action or threatening situation
- A person who informs on a person or organization involved in illicit, illegal, or unsafe activity.
- In nursing the underlying concept is advocacy and beneficence.
- Often an ethical dilemma
- Can be difficult because corporate culture is set up for self protection.
, Legal and Legislative Issues (Exam #3)
Study online at https://quizlet.com/_8byvdf
6. Whistleblower Protection: - Protects nurses who speak out about unsafe situations from being fired or
subjected to other disciplinary actions by their employers
- Nurses want to be able to speak up for their patients without fear of retaliation
- Advocated for at the federal level and has passed in some states
- You are not protected in a whistleblower situation from retaliation by your employer until you blow the whistle.
- Do not expect those that are engaged in unethical or illegal conduct to welcome your questions or concerns about
this practice.
- Blowing the whistle means that you report your concern to the national and/or state agency responsible for regulation
of the organization for which you work or, in the case of criminal activity, to law enforcement agencies as well.
- Private groups, such as The Joint Commission or the National Committee for Quality Assurance, do not give protection.
You must report to a state or national regulator.
- Although it is not required by every regulatory agency, it is a good rule of thumb to put your complaint in writing.
- Document all interactions related to the whistle-blowing situation and keep copies for your personal file.
- Keep documentation and interactions objective.
- Remember that blowing the whistle is a very serious matter. Do not blow the whistle frivolously. Make sure you have
the facts straight before taking action
7. An RN suspects that an employer hires nursing students at a higher rate of
pay and allows them to perform certain procedures that require the skills of
an RN. The nursing students enjoy the autonomy and extra pay. Before the RN
participates in whistle-blowing, he or she should:
A. file a formal complaint to The Joint Commission to initiate an investigation
and receive protection from retaliation by the employer.
B. collect adequate documentation and, if possible, consult with the state nurs-
es association before reporting to the state agency responsible for regulation
of the employer.
C. remember that protection from retaliation by the employer is provided until
unethical or illegal actions are reported in writing.
D. confront the individual suspected of wrongdoing and request that he or
she stop the behavior.: B. collect adequate documentation and, if possible, consult with the state nurses
association before reporting to the state agency responsible for regulation of the employer.
Study online at https://quizlet.com/_8byvdf
1. Purpose of Law and Legislation in Nursing: - Protect the patient and the nurse
- Law and legislation define the scope of acceptable practice, as well as protecting individual rights
- Being aware of these rights allows the nurse to better protect themselves against liability or loss of licensure
2. Sources of Law and Nursing Practice: - Laws are expressed in terms of "must" and "shall" and are
based on society's interest in prohibiting or controlling behavior.
- Statutory Law
- Common Law
3. Statutory Law - Federal Statutes: Conditions of Participation for Hospitals in Medicare
- Have halted payment to hospitals for preventable patient complications and injuries
Emergency Medical Treatment and Active Labor Law
- "anti-dumping law", prohibit the refusal of care for those unable to pay at the ED
Americans with Disabilities Act of 1990
- Patients with vision and hearing disabilities need to be able to communicate or be educated by caregivers
Patient Self-Determination Act of 1990
- Established in 1991, requires any health care organization that received federal funding (A.K.A. Medicare or Medicaid)
MUST provide education to staff and patients on end of life treatment issues.
Health Insurance Portability and Accountability Act of 1996
- Confidentiality of patient information
- Whistleblowing
4. Health insurance portability and accountability act of 1966 (HIPAA): - Part 2: Privacy
Rules- directed at ensuring strong privacy protection for patient without threatening access to care.
- Applies to health plans, healthcare clearinghouses, health providers
- Attempts to balance the need for protection of personal health information (PHI) with the need for disclosure of that
information for patient care
Firing over HIPAA violation
5. Whistleblowing Definition: - The obligation to denounce is based on the fact that to remain silent is to
consent to the action or threatening situation
- A person who informs on a person or organization involved in illicit, illegal, or unsafe activity.
- In nursing the underlying concept is advocacy and beneficence.
- Often an ethical dilemma
- Can be difficult because corporate culture is set up for self protection.
, Legal and Legislative Issues (Exam #3)
Study online at https://quizlet.com/_8byvdf
6. Whistleblower Protection: - Protects nurses who speak out about unsafe situations from being fired or
subjected to other disciplinary actions by their employers
- Nurses want to be able to speak up for their patients without fear of retaliation
- Advocated for at the federal level and has passed in some states
- You are not protected in a whistleblower situation from retaliation by your employer until you blow the whistle.
- Do not expect those that are engaged in unethical or illegal conduct to welcome your questions or concerns about
this practice.
- Blowing the whistle means that you report your concern to the national and/or state agency responsible for regulation
of the organization for which you work or, in the case of criminal activity, to law enforcement agencies as well.
- Private groups, such as The Joint Commission or the National Committee for Quality Assurance, do not give protection.
You must report to a state or national regulator.
- Although it is not required by every regulatory agency, it is a good rule of thumb to put your complaint in writing.
- Document all interactions related to the whistle-blowing situation and keep copies for your personal file.
- Keep documentation and interactions objective.
- Remember that blowing the whistle is a very serious matter. Do not blow the whistle frivolously. Make sure you have
the facts straight before taking action
7. An RN suspects that an employer hires nursing students at a higher rate of
pay and allows them to perform certain procedures that require the skills of
an RN. The nursing students enjoy the autonomy and extra pay. Before the RN
participates in whistle-blowing, he or she should:
A. file a formal complaint to The Joint Commission to initiate an investigation
and receive protection from retaliation by the employer.
B. collect adequate documentation and, if possible, consult with the state nurs-
es association before reporting to the state agency responsible for regulation
of the employer.
C. remember that protection from retaliation by the employer is provided until
unethical or illegal actions are reported in writing.
D. confront the individual suspected of wrongdoing and request that he or
she stop the behavior.: B. collect adequate documentation and, if possible, consult with the state nurses
association before reporting to the state agency responsible for regulation of the employer.
