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Health Law Fundamentals
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A federal statute which established national standards for electronic health care transactions.
Health Insurance Portability and Accountability Act (HIPAA)
A doctrine that liability insurance providers have a duty to defend their insureds even if the claim against them has no basis.
Duty to Defend
The process by which healthcare providers are allowed to participate in healthcare programs and accept third party payers.
Credentialing
Consent granted after a patient is fully informed about the procedures, risks, benefits, and alternatives.
Informed Consent
The rights of individuals to make decisions about their own medical care without their health care provider's influence.
Patient Autonomy
An advanced directive in which a person states their wishes regarding medical treatment in case they become unable to express informed consent.
Living Will
The right to have personal health information kept out of the public domain and to have fair, reasonable, regulated access to and usage of information.
Privacy
Process for resolving disputes between parties outside the courts, typically through negotiated settlements.
Alternative Dispute Resolution (ADR)
The permissible sharing of personal medical information by healthcare providers under specific conditions without patient consent.
Health Information Disclosure
Established standards and practices that organizations are expected to follow to protect electronic health records and other information.
Healthcare Compliance
The body of law that deals with regulating the manufacture, distribution, and marketing of drugs and medical devices.
Food and Drug Law
Information about a patient's health status or treatment that identifies the individual or for which there is a reasonable basis to believe can be used to identify the individual.
Protected Health Information (PHI)
A method of payment by which healthcare providers are paid a fixed amount per enrollee to cover a defined scope of services, regardless of actual services provided.
Capitation
Negligent or improper treatment by medical professionals leading to harm or injury of a patient.
Medical Malpractice
A wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
Tort
An agreement between parties to settle a dispute beforehand by establishing the amount of compensation in case of loss.
Release of Liability
An obligation of healthcare providers to harm not their patients. The avoidance of causing harm.
Nonmaleficence
The legal obligation of health care professionals to keep a patient's personal health information private.
Confidentiality
Safeguards to protect sensitive data, ensuring that only authorized users can access certain information.
Health Data Security
A legal document that designates another person to make healthcare decisions if one is unable.
Healthcare Power of Attorney
Unsolicited intervention by third parties to protect or promote health but potentially against the individuals' will.
Paternalism
A legal agreement between a patient and medical provider regarding the health care services provided.
Healthcare Contract
The financial responsibility for damages or loss shared among individuals or entities.
Joint and Several Liability
Federal law that prohibits employers from discriminating against employees or applicants because of genetic information.
Genetic Information Nondiscrimination Act (GINA)
A government-funded social insurance program providing health insurance to people aged 65 and over or to those who meet other special criteria.
Medicare
A state-provided insurance program for low-income individuals and families.
Medicaid
Legal standards and principles applied to healthcare providers, insurers, and patients.
Health Law
A set of instructions creating obligations to the patient, common among healthcare professionals.
Standard of Care
Federal law providing employees and their families the right to temporary continuation of health coverage at group rates.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
The unlawful practice of manipulating a patient's personal injury claim for financial gain.
Healthcare Fraud
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