Title | Week 3 Assignment - Complete the worksheet. Types of Consent and Payers |
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Author | Marine Kaladjian |
Course | Legal Issues In Health Care: Regulation And Compliance |
Institution | University of Phoenix |
Pages | 12 |
File Size | 337.6 KB |
File Type | |
Total Downloads | 67 |
Total Views | 137 |
Complete the worksheet. Types of Consent and Payers...
Ru n n i n gHe a d :T y p e so fCo n s e nta n dPa y e rCh a r t s
We e k3 :Ty p e so fCo n s e n ta n dPa y e r s Marine Kaladjian HCS/ 4 3 0 0 7 / 29 / 2 0 1 9
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Types of Consent and Payers Part 1: Complete the chart and questions that follow. Type of Consent
Define type of consent (20- to 45words).
Identify 4 principles of the consent (20- to 45- words).
Informed Consent
Defined as the
Four principles of the
Describe the impact on the health care industry (45- to 90words). Informed Consent is
process by which a
consent includes (1)
more than a simple
patient becomes
the patient’s diagnosis,
patient’s signature on
informed by their
(2) the nature and
a form but it involves
care provider and
purpose of the
medical ethics, of
comprehends the
proposed treatment or
which overlooked can
need, benefits, and
procedure, (3) the
impact the health care
possible risks factors
advantages and risks
industry in several
involved in a medical
factors of the
ways, such as huge
procedure, and is able
treatment or
financial losses
to give consent and
procedure, and (4) the
through law suits, and
agree for the medical
alternative treatments
violation of federal
procedure to be
that are available to
laws resulting in fines.
performed.
patient, irrespective of
It is important that
cost or insurance
physicians adhere to
coverage (Fremgen,
all aspect of informed
2014).
consent to protect the patient’s right and themselves as well.
Ru n n i n gHe a d :T y p e so fCo n s e n ta n dPa y e rCh a r t s
3 The American Medical Association (AMA) adopted standards of conduct which defines the essentials of honorable behavior for clinicians, of which includes these principles, human dignity, honesty, confidentiality and responsibility to patient (Fremgen,
Implied Consent
When a patient
Implied consent has
2014). Although the health
behavior indicates
same ethical principles
care industry deals
that they are in
as informed consent,
with many medical
acceptance of medical
although a patient
malpractices cases
treatment or
signature is not
that are involved with
procedure, it is
appended on a form,
implied consent, they
considered as implies
the basic principles of
are somewhat difficult
consent (Fremgen,
protecting the patient
to be proven. A
2014)
right must be adhered
thorough investigation
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Ru n n i n gHe a d :T y p e so fCo n s e n ta n dPa y e rCh a r t s to, such as, the
of all facts and events
patient’s diagnosis
that led to the medical
must be known, nature treatment or procedure and purpose of the
must be carefully
treatment or
examined to
procedure, advantages
determine if there
and risks factors of the were any unethical treatment or
laws or principles
procedure, and the
broken. For example,
alternative treatments
implied consent is
that are available to
given during a
patient, irrespective of
patient’s scheduled
cost or insurance
visit to their physician
coverage must be
for an annual checkup,
communicated to
which entails the
patient.
drawing of blood and touching of patient body during examination.
Answer the each of the following questions using 90- to 175- words. 1. Describe 4 exceptions to consent. According to Fremgen (2014), there are three primary consent exceptions when treating patients. The first exception is for performing emergency treatment (Fregen, 2014). However, it
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is necessary to obtain written consent once the patient is able to provide it. The second exception is when there is a language barrier and no one to provide translation (Fremgen 2014). In these instances, consent must be implied. A third exception is when prison inmates are being treated (Fremgen, 2014). There are also exceptions to consent regarding medical records. According to Fremgen (2014), when medical records are subpoenaed they can be released without patient consent. 2. How do exceptions to consent impact the health care industry. Exceptions to consent significantly impact health care. Firstly, physicians can refuse to treat patients who do not consent to treatment (Fremgen, 2014). Also, problems could result from instances where consent is implied. A physician may assume the patient understands the needed treatment, when there are language barriers for example, but the patient may not. Furthermore, a patient may not agree with the emergency treatment received. A physician may do what is necessary to save the patient during an emergency. However, there could still be issues or disagreements after the fact. Therefore, exceptions to consent can increase health care costs. Medical professionals have to purchase costly insurance to protect themselves from malpractice lawsuits. 3. Describe 2 exceptions to consent within your state. In Florida, minors are required to have informed consent from a parent or guardian to receive medical treatment. However, there are exceptions that allow minors to provide informed consent for any medical treatment if they fully understand the risks and benefits. A main exception for minors is being married or having been married before age 18 (“Minors’ Access,” 2005). Also, minors emancipated by the court over the age of 16 can consent to their own treatment (“Minors’ Access,” 2005). Minors who are pregnant can also consent to prenatal care
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(“Minors’ Access,” 2005). Minors can also receive emergency contraceptives (Plan B) and confidential sexually transmitted disease screenings and treatment (“Minors’ Access, 2005”). Furthermore, minors can receive outpatient mental health counseling and substance abuse care without consent from a parent or guardian (“Minors’ Access,” 2005). There are also exceptions to informed consent in Florida when performing a test for HIV. An HIV test can be performed without consent during a medical emergency to provide appropriate care, when mandated by court, or when a healthcare worker has been exposed to a significant blood exposure and the patient’s blood sample has already been obtained for other blood tests (A Train Education, n.d.).
Part 2: Complete the chart. Identify 3 ThirdParty Payers
Describe thirdparty payer (20- to 45words)
Describe the legal issues that regulate the third-party payers (45- to 90-words).
Describe an applicable law that regulates the third-party payers (45- to 90- words).
1.Private Health
Private
With private
Under the
Describe the impact that the legal issue and applicable laws have on the thirdparty payers (45to 90- words). Health insurance
Insurance
Insurance has
health insurance
Affordable Care
issuers in the
plans for
there are tax
Act (ACA),
individual and
individuals to
penalties that a
private health
small group
use to pay for
person will have
insurance
markets would
health care
if they do not
companies are
only be allowed
coverage. Each
have insurance
expected to meet
to vary premiums
company offers coverage.
the minimum
based on factor
health care
standard of
age, family size
Private Health
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coverage that
Insurance covers
coverage for its
and geography
must meet or
a person’s health
participants. The
and tobacco use.
exceed basic
care and assures
ACA demands
Health insurance
standards set
the person is
that health
issuers would be
by state and
receiving the
insurance issuers
required to
federal
proper care and
generally be
maintain a single
government.
without that care
prohibited from
statewide risk
a person receives denying coverage pool for each of a cash penalty
to people
their individual
that comes out
because of a pre-
and small
of their federal
existing
employer
taxes at the end
condition or any
markets
of the year.
other factor.
premiums and
Under the law,
annual rate
states can choose
changes would
to enact stronger
be based on the
consumer
health risk of the
protections than
entire pool. This
these minimum
provision
standards.
prevents insurers from using separate insurance pools
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Ru n n i n gHe a d :T y p e so fCo n s e n ta n dPa y e rCh a r t s within markets to get around the market reforms and to charge people with greater health problems higher premiums by increasing their premiums at higher rates than other, healthier
2.Workers
Is a type of
If workers
Workers’
risk pools. Under worker
Compensation
insurance that
compensation
compensation
compensation
provides wage
insurance benefit
provides a claim
laws sufferers of
replacement
is not offered to
and benefit
an on-the-job
and medical
employees when
system for
injury or illness,
benefits to
the employee
workers who
may be entitled
employees
has the
become ill, are
to workers'
injured on the
opportunity to
injured, or die on
compensation.
job
sue their
the job. To be
Employees who
employer for
covered by
are covered can
medical
workers’
receive partial
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Ru n n i n gHe a d :T y p e so fCo n s e n ta n dPa y e rCh a r t s treatment, and
compensation, an
pay for the time
also weekly or bi injury need not
they are out of
weekly pay that
be caused by a
work,
was missed due
sudden accident.
compensation for
to the injury that
From the
their medical
happened at the
employee’s
bills, and more.
job site. It’s in
standpoint,
Workers are
the jobs best
workers’ comp is
required to seek
interest to offer
a no-fault
immediate
worker
system. It does
medical care if
compensation to
not matter
injury requires it.
avoid being sued
whether a worker
Then the
for the tort or
was careless
employer should
negligence.
when injured.
be notified injuries as soon
3.Medicare and
Medicare is a
To ensure that
As part of the
as possible. The Medicaid
Medicaid
federal
individuals
state-federal
program provides
government
receive
partnership in
federal funding
program that
qualifications for
administering the
to states for
offers health
Medicare and
Medicaid and
medical and
care coverage
Medicaid there
Medicare
health-related
to the elderly
are advocates for
programs, the
services for
over the age of
these federal
Centers for
persons with
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programs to
Medicare and
limited income.
that have
enforce the law
Medicaid
Various
severe
and in litigation,
Services (CMS)
provisions of the
disabilities no
and advocating
issues guidance
Act address the
matter the
for Medicaid
in the form of
collection, use,
income.
policies and laws letters to State
and disclosure of
Medicaid is
to ensure that the
Medicaid
Medicare and
offered to
program is
Directors and to
Medicaid
families and
offered to
State Health
beneficiaries’
individuals that
everyone and
Officials. A
health
have low
everyone is
significant
information.
income that is
treated fairly.
portion of the
Even though
provided by
Appeals are
health care
ObamaCare
the state and
offered to those
system in the
“cuts” Medicare;
federal
who feel they
United States is
it isn’t really a
government.
were not treated
governed by the
cut, it is health
fairly or did not
Social Security
care reform
qualify.
Act and its
aimed at
amendments,
improving care
which regulate
for seniors and
federally funded
their families.
health insurance
The fact is,
programs for to
millions more
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seniors will be
vulnerable
covered under
populations.
the Affordable Care Act.
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Reference A Train Education (n.d.) HIV and aids in Florida. Retrieved from https://prh.org/wpcontent/uploads/35307866-Florida.pdf Fremgen, B. F. (2014). Medical law and ethics (5th ed.). Upper Saddle River, NJ: Pearson.
Minor’s access to confidential reproductive healthcare in Florida. (2005). Retrieved from https://prh.org/wp-content/uploads/35307866-Florida.pdf
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