Medical Law and Medical Law and EthicsEthicsLesson 4:Lesson 4:Medical EthicsMedical Ethics

Medical Ethical IssuesMedical Ethical Issues(do throughout classtime)(do throughout classtime)ActivityOne ethical issue per studentRead and discussKeep an open mind

Lesson ObjectivesLesson ObjectivesLesson Objectives

Upon completion of this lesson, students should be able to …

List and discuss the main points of the AAMA Principles of Medical Ethics.

Discuss what is meant by the medical assistant’s standard of care.

© 2009 Pearson Education

Lesson ObjectivesLesson ObjectivesLesson Objectives

Upon completion of this lesson, students should be able to …

Describe the Patient’s Bill of Rights.

Explain the HIPAA guidelines concerning the patient’s right to privacy and confidentiality in the medical office.

Creed of the AAMACreed of the AAMAI believe in the principles and purposes

of the profession of medical assisting. I endeavor to be more effective. I aspire to render greater service. I protect the confidence entrusted to

me. I am dedicated to the care and well-

being of all people. I am loyal to my employer. I am true to the ethics of my profession. I am strengthened by compassion,

courage, and faith.

Critical Thinking QuestionCritical Thinking Question

1. When might it be difficult to live up to this creed?

Medical Assistant’s Standard Medical Assistant’s Standard of Careof CareActions = legal consequences for

the physician who employs you

MA’s not held to the same standard of care as MD’s because :◦Different education

An MA must take caution to not do anything for which he or she is not trained and remain within the

scope of his or her practice.

As a Medical Assistant, You Are As a Medical Assistant, You Are NOT Expected to….NOT Expected to….DiagnoseInterpret testsPrescribe medications

The Patient’s Bill of RightsThe Patient’s Bill of RightsSee HandoutSee Handout

1. The patient has the right to considerate and respectful care.

2. The patient has the right to and is encouraged to obtain from physicians and other direct caregivers relevant, current, understandable information concerning diagnosis, treatment, and prognosis.

The Patient’s Bill of RightsThe Patient’s Bill of Rights

3. The patient has the right to make decisions about the plan of care prior to and during the course of treatment and to refuse a recommended treatment or plan of care to the extent permitted by law and hospital policy and to be informed of the consequences of this action.

The Patient’s Bill of RightsThe Patient’s Bill of Rights4. The patient has the right to have an

advance directive (such as a living will, health care proxy, or durable power of attorney for health care) concerning treatment or designating a surrogate decision maker with the expectation that the hospital will honor the intent of that directive to the extent permitted by law and hospital policy.

5. The patient has the right to every consideration of privacy.

The Patient’s Bill of RightsThe Patient’s Bill of Rights6. The patient has the right to expect that

all communications and records pertaining to his or her care will be treated as confidential by the hospital, except in cases such as suspected abuse and public health hazards when reporting is permitted or required by law.

7. The patient has the right to review the records pertaining to his or her medical care and to have the information explained or interpreted as necessary, except when restricted by law.

The Patient’s Bill of RightsThe Patient’s Bill of Rights8. The patient has the right to expect

that, within its capacity and policies, a hospital will make reasonable responses to the request of a patient for appropriate and medically-indicated care and service.

9. The patient has the right to ask and be informed of the existence of business relationships among the hospital, educational institutions, other health care providers, or payers that may influence the patient’s treatment or care.

The Patient’s Bill of RightsThe Patient’s Bill of Rights10. The patient has the right to consent to or

decline to participate in proposed research studies or human experimentation affecting care and treatment or requiring direct patient involvement, and to have those studies fully explained prior to consent.

11. The patient has the right to expect reasonable continuity of care when appropriate and to be informed by physicians and other caregivers of available and realistic patient care options when hospital care is no longer appropriate.

The Patient’s Bill of RightsThe Patient’s Bill of Rights

12. The patient has the right to be informed of hospital policies and practices that relate to patient care, treatment, and responsibilities.

HIPAAHIPAA

Health Insurance Portability and Accountability Act of 1996

Regulates the privacy of patient health information

Was an effort to reduce the cost of health care and streamline the system

HIPAAHIPAAobjectives:

◦Improve the portability of health insurance

◦Combat fraud, abuse, and waste

◦Simplify health insurance

Patient Rights Under HIPAAPatient Rights Under HIPAARight to a copy of the privacy notice

Right to manage their medical records

Right to limit how information is shared

Patient Rights Under HIPAAPatient Rights Under HIPAA

Right to view their health information

Right to complain

HIPAA TrainingHIPAA TrainingAll medical office employees must undergo HIPAA training during their orientation

HIPAA Requirements HIPAA Requirements

Patient information may not be shared with others without written authorization

HIPAA Requirements HIPAA Requirements

computers must be secured!

HIPAA Requirements HIPAA Requirements Faxes and e-mails must have a note stating that the information is confidential.

If accidentally transmitted the recipient must immediately notify the office and destroy the information.

Critical Thinking QuestionsCritical Thinking Questions

1. Why is confidentiality important?

2. Should friends or family have access to a patient’s medical information? Why or why not?

3. What confidentiality challenges does communications technology bring?

When a physician performs a procedure that you strongly disagree with ethically (such as an abortion)?

What Do You Do?What Do You Do?

RecommendationsRecommendationsDiscuss during the interview

You may consider not taking the job

Remember – the health and safety of the patient is always the priority

1. When one of your patients expresses an opinion or belief with which you strongly disagree?

2. When a coworker expresses an opinion or belief with which you strongly disagree?

What Do You Do?What Do You Do?