Legal Responsibilities HS-IHS-9

The student will explain the legal responsibilities, limitations, and implications of their actions within the healthcare delivery setting. They will perform their duties according to regulations, policies, laws and legislated rights of clients.

Legal Responsibilities HS-IHS-9c

Examine the American Hospital Association’s “Patient’s Bill of Rights”; the Omnibus Budget Reconciliation Act (OBRA); the Patient Self – Determination Act; National Patient Safety Goals; and Joint Commission (formerly known as Joint Commission on Accreditation of Health Organizations – JCAHO).

American Hospital Association’s “Patient’s Bill of Rights”

Patients have a right to:

considerate & respectful care;

complete, up-to-date and understandable information about their diagnoses, treatments and prognosis;

give informed consent prior to any treatment;

American Hospital Association’s “Patient’s Bill of Rights”

have advance directives and/or refuse treatment;

privacy in all procedures, examinations, and discussions of treatment;

confidentiality in handling of all information and records about their care;

American Hospital Association’s “Patient’s Bill of Rights” (continued)

reasonable response to request for service;

information regarding any relationship of the hospital to other health care and educational institutions;

refuse to participate in research projects;

American Hospital Association’s “Patient’s Bill of Rights” (continued)

expect reasonable continuity of care;

review medical records and examine bills, and receive an explanation of charges;

be informed of any hospital rules, regulations, and/or policies and the resources available to resolve disputes or grievances.

Omnibus Budget Reconciliation Act:OBRA

OBRA provides rights to residents in LTC facilities, often known as the “Resident’s Bill of Rights”:

free choice regarding physician, treatment, care, and participation in research;

freedom from abuse and chemical or physical restraints;

Omnibus Budget Reconciliation Act:OBRA (continued)

file complaints, voice grievances, and work with a long term care Ombudsman (resident advocate);manage their own funds and receive government benefits;know the findings of state inspections about their facility;take part in activities, such as social or religious services;

Omnibus Budget Reconciliation Act:OBRA (continued)

use their own personal possessions and clothing;

share a room with their spouse;

be told in writing if care is going to be denied, changed, or ended, AND

appeal to the facilities manager when any of these situations occur.

Patient Self Determination Act: PSDA

All healthcare facilities receiving any type of federal money comply with these requirements:inform every adult, BOTH orally and in writing of their right to make decisions about care, including right to refuse treatment and right to die;information AND assistance in preparing advance directives;

Patient Self Determination Act: PSDA (continued)

document advance directives on patient’s medical record;have written statements to implement patient’s rights in decision-makingaffirm there will be no discrimination or effect on care due to advance directiveseducate staff on medical and legal issues of advance directives

Formerly known (and still often referred to as) the Joint Commission on Accreditation of Health Organizations, or JCAHOAn independent, not-for-profit organization, The Joint Commission accredits and certifies more than 15,000 health care organizations and programs in the United States. Joint Commission accreditation and certification is recognized nationwide as a symbol of quality that reflects an organization’s commitment to meeting certain performance standards.

Our Mission: To continuously improve the safety and quality of care provided to the public through the provision of health care accreditation and related services that support performance improvement in health care organizations. 

National Patient Safety Goals

Joint Commission identifies specific areas that healthcare facilities need to focus on for improvement. A sample of these areas follows:Healthcare facilities should improve:

accuracy of patient I.D.;effectiveness of communication among caregivers;safety of medication use;

National Patient Safety Goals (continued)

the risk of healthcare associated infections;

accuracy and complete reconciliation of medications across the continuum of care;

the risk of patient harm from falls;

the risk of influenza and pneumonia in institutionalized older adults;

National Patient Safety Goals (continued)

risk of surgical fires;

patients’ active involvement in their own care as a patient safety strategy;

prevention of decubitus ulcers;

identification of patients at risk for suicide;

risks associated with long-term oxygen therapy, such as home fires.