CHAPTER 3: LEGAL AND ETHICAL ISSUES

LEARNING OBJECTIVES

List examples of legal and ethical behavior

Explain the Omnibus Budget Reconciliation Act (OBRA)

Explain resident’s rights in regards to their importance

Discuss abuse and neglect, including how to report each

List examples of behavior supporting and promoting residents’ rights

Describe what happens when a complaint of abuse is made against a nursing assistant

Explain how disputes may be resolved, including the ombudsman’s role

List ways to protect resident’s privacy

Explain the Patient Self-Determination Act (PSDA)

LEGAL AND ETHICAL ISSUES

Ethics

Law

Guideline’s for legal and ethical behavior

OMNIBUS BUDGET RECONCILIATION ACT (OBRA) Omnibus Budget Reconciliation Act (OBRA)

Minimum Data Set (MDS)

RESIDENTS’ RIGHTS Residents’ Rights Quality of Life Services and activities Fully informed about rights and services

Participate in his or her own care Informed consent

Make independent choices Privacy and confidentiality Dignity, respect, and freedom Security of posessions Transfers and Discharges Complain Visits Social services

ABUSE AND NEGLECT

Abuse Physical Psychological Sexual Financial

Neglect

BEHAVIORS SUPPORTING AND PROMOTING RESIDENTS’ RIGHTS Guidelines for protecting Resident’s Rights

COMPLAINTS OF ABUSE

Nurse Aid Training Competency Evaluation Program (NATCEP)

RESOLUTION OF DISPUTES AND THE OMBUDSMAN’S ROLE Ombudsman

Older Americans Act (OAA)

HIPAA AND PROTECTION OF RESIDENTS’ PRIVACY Confidentiality

Health Insurance Portability and Accountability Act (HIPAA)

Protected health information (PHI)

Health Information Technology for Economic and Clinical Health (HITECH)

THE PATIENT SELF-DETERMINATION ACT (PSDA) AND ADVANCED DIRECTIVES Patient Self-Determination Act (PSDA)

Advanced directives

Living will

Durable power of attorney for healthcare

Do-not-resuscitate (DNR)

REVIEW

Law and ethics

Omnibus Reconciliation Act (OBRA)

Residents’ rights

Abuse and neglect

Behaviors supporting and promoting residents’ rights

Complaints of abuse

Resolution of disputes and the ombudsman’s role

HIPAA and protection of residents’ privacy

The Patient Self-Determination Act (PSDA) and advanced directives