RT Book, Section
A1 Parmley, C. Lee
A2 Longnecker, David E.
A2 Mackey, Sean C.
A2 Newman, Mark F.
A2 Sandberg, Warren S.
A2 Zapol, Warren M.
SR Print(0)
ID 1144138277
T1 Legal Issues in Anesthesiology
T2 Anesthesiology, 3e
YR 2017
FD 2017
PB McGraw-Hill Education
PP New York, NY
SN 9780071848817
LK accessanesthesiology.mhmedical.com/content.aspx?aid=1144138277
RD 2024/04/20
AB KEY  POINTSACA.  The  Patient  Protection  and  Affordable  Care  Act  (ACA),  voted  into  law  in  2010  with  implementation  through  2014,  has  been  upheld  by  the  US  Supreme  Court,  but  continues  to  face  challenges  on  the  political  front.HIPAA/HITECH.  The  Health  Insurance  Portability  and  Accountability  Act  (HIPAA)  protects  healthcare  information  while  asking  for  acknowledgment  that  it  may  be  released  for  uses  related  to  medical  treatment,  payment,  and/or  healthcare  operation,  such  as  auditing  performance  evaluation  and  training  program.  The  Health  Information  Technology  for  Economic  and  Clinical  Health  (HITECH)  initiative  promotes  development  of  the  Electronic  Health  Records  (EHR)  initiative  with  ongoing  protection  afforded  by  HIPAA.Exclusive  Contracts.  Exclusive  arrangements  are  used  by  hospitals  to  contract  for  anesthesiology  service,  which  may  be  challenged  on  allegation  of  violation  of  federal  antikickback  prohibitions  and  Stark  Law.Medical  Negligence.  To  succeed  in  a  medical  malpractice  action,  the  plaintiff  must  prove  four  elements  by  preponderance  of  the  evidence:  (a)  duty—the  defendant  owed  a  duty  of  care  to  the  plaintiff,  (b)  breach  of  duty—the  defendant  failed  to  act  consistently  with  the  standards  of  care,  (c)  causation—the  injury  suffered  by  the  plaintiff  is  linked  to  or  caused  by  the  defendant’s  breach  of  duty,  and  (d)  damages—there  is  actual  compensable  loss  resulting  from  the  defendant’s  breach  of  duty.Guardianship.  Parents  are  the  natural  guardians  of  their  children  and  are  expected  to  seek  care  that  is  in  their  children’s  best  interest  when  needed.  Courts  usually  appoint  a  guardian  other  than  the  parent  and  support  decisions  for  medical  care  deemed  to  be  clearly  in  the  child’s  best  interest.