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Health Law Key Points

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Medical Malpractice

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Medical malpractice involves legal claims against a healthcare provider when there is negligence or omission that results in patient harm. Examples include surgical errors, misdiagnosis, and improper treatment.

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False Claims Act

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The False Claims Act allows individuals to sue on behalf of the government for false claims for government funds, including fraudulent healthcare billing. An example is a whistleblower case involving a hospital overbilling Medicare.

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Patient Consent

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Patient consent laws require healthcare providers to obtain informed consent from the patient before performing any procedure or treatment. Examples include discussion of risks, benefits, and alternatives of procedures.

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Mental Health Parity Act

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The Mental Health Parity Act requires insurance coverage for mental health conditions to be on par with that for physical conditions. Examples include similar co-pays and treatment limitations for mental health services.

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Advance Directives

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Advance directives are legal documents that specify an individual's healthcare preferences when they are no longer capable of making decisions. Examples include living wills and durable powers of attorney for healthcare.

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FDA Regulations

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The Food and Drug Administration (FDA) regulates the safety and efficacy of medications, vaccines, medical devices, blood products, and other biologicals. Examples include approving new drugs and conducting safety inspections.

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Genetic Information Nondiscrimination Act (GINA)

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GINA prohibits discrimination in health coverage and employment based on genetic information. Examples include not allowing health insurers or employers to request or require genetic tests.

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Beneficence Principle

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The principle of beneficence in health law requires healthcare providers to act in the best interest of the patient, promoting their well-being and taking positive steps to prevent harm. Examples include administering vaccines and providing life-saving treatments.

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Telemedicine Regulations

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Telemedicine regulations govern the practice of delivering healthcare services through remote communications technology. Examples include rules regarding cross-state licensure and reimbursement policies for virtual visits.

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Affordable Care Act (ACA)

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The Affordable Care Act (ACA), also known as Obamacare, is a law that aims to make health insurance more affordable and accessible. An example is the expansion of Medicaid and the creation of health insurance marketplaces.

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Certificate of Need (CON) Laws

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Certificate of Need (CON) laws are state regulatory mechanisms for establishing or expanding healthcare facilities and services. An example is requiring a hospital to obtain a CON before adding a new wing or expensive medical equipment.

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Non-Maleficence Principle

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The principle of non-maleficence in health law is the obligation to not inflict harm intentionally. It underlies medical ethics, where healthcare providers must avoid actions that could harm patients. Examples include not prescribing dangerous drugs and conducting unnecessary surgery.

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Healthcare Discrimination

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Healthcare discrimination laws, such as provisions within the ACA, prohibit discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. An example is the prohibition of insurer denial based on pre-existing conditions.

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Anti-Kickback Statute

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The Anti-Kickback Statute is a federal law that prohibits the exchange (or offer of exchange) of anything of value, with the intent to motivate or reward referrals for services paid by federal healthcare programs. Examples include kickbacks, bribes, or rebates.

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Guardian ad Litem

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A Guardian ad Litem is a court-appointed advocate for a minor or an individual unable to represent themselves in legal proceedings, often used in cases regarding the healthcare of the individual. Examples include representing minors in parental consent waiver cases for treatment.

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Right to Try Laws

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Right to Try laws give terminally ill patients the right to try experimental medications that have not yet received full FDA approval. An example is a terminally ill patient seeking access to a promising drug in clinical trials.

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HIPAA

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The Health Insurance Portability and Accountability Act (HIPAA) establishes national standards to protect individuals' medical records and other personal health information. Examples include secure handling of patient health information and requirements for patient consent before sharing information.

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HITECH Act

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The Health Information Technology for Economic and Clinical Health (HITECH) Act promotes the adoption and meaningful use of health information technology. Examples include incentivizing electronic health records and penalizing breaches.

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Stark Law

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The Stark Law forbids physician self-referral, where a physician refers a patient to a medical facility in which they have a financial interest. Examples include restrictions on ownership in labs where the physician orders tests.

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Healthcare Quality Improvement Act

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The Healthcare Quality Improvement Act (HQIA) was designed to improve the quality of medical care by encouraging peer reviews of physicians without fear of litigation. An example is a hospital peer review process evaluating physician performance.

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The Patient's Bill of Rights

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The Patient's Bill of Rights was a list of guarantees for those receiving medical care that may include the right to informed consent, the right to privacy, and the right to refuse treatment. Examples are requirements for clear communication with patients and ensuring patient confidentiality.

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Confidentiality of Substance Use Disorder Records

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Federal law 42 CFR Part 2 protects the confidentiality of substance use disorder patient records by prohibiting unauthorized disclosures without patient consent. An example is a treatment center needing consent to share patient recovery progress with outside parties.

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EMTALA

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The Emergency Medical Treatment and Active Labor Act (EMTALA) requires hospitals to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status, or ability to pay. Examples include mandatory screenings and stabilizations in emergency departments.

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Autonomy Principle

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The principle of autonomy in health law upholds the right of patients to make decisions about their own healthcare, based on their own values and concerns. Examples include choosing whether or not to undergo surgery or participate in a clinical trial.

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Justice Principle

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The principle of justice in health law refers to fairness in the distribution of healthcare resources and resolving disputes about the rights of individuals. Examples include equitable access to treatments and allocation of donor organs.

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