Unit 3 Assignment Chapter Problems
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LTC300
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Health Science
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Feb 20, 2024
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1.
What specific lessons can a nursing home administrator learn from Fuqua v. Horizon/CMS Healthcare Corporation? What do you think may have been the basis for awarding huge punitive damages in this case?
A nursing home administrator will learn from Fuqua v. Horizon / CMS Healthcare Company that it is necessary to notify the family and take the necessary precautions to prevent problems. The family was not informed in a timely manner, so by the time they learned of the situation, it was too late, and the patient had passed away. (Singh, D. A. 2009)
2.
On what basis did both the trial court and the appellate court rule in favor of Richard Smith? Who should be held liable? Discuss the liability in this case from the perspective of both personal liability and corporate liability. Please refer to chapter 5 in your textbook.
Smith had filed a motion for a summary judgment, which is an early settlement of the case without trial, so the courts agreed in his support. The administrator would only be held personally liable if he or she had acted on his or her own account, performed a tortious act, or remained silent about something that would lead to a tort if he or she knew or should have known but failed to act. (Singh, D. A. 2009) During this hearing, the court granted a motion for summary judgment and presented Mr. Smith's final decision to be dismissed, ruling that Mr. Smith could not be legally held responsible for any alleged neglect by any of the nursing home staff.
3.
What is HIPAA? How does HIPAA apply to long-term care facilities?
HIPAA, which stands for the Health Insurance Portability and Accountability Act, is a federal law in the United States that aims to protect the privacy and security of individuals' health information. It applies to various entities in the healthcare industry, including long-term care facilities. (Health Insurance Portability and Accountability Act of
1996 (HIPAA) | CDC, n.d.) Here's how HIPAA applies to long-term care facilities:
Privacy Rule: The HIPAA Privacy Rule establishes standards for the use and disclosure of individuals' protected health information (PHI) by covered entities, including long-term care facilities. It requires facilities to obtain patients' written consent before using or disclosing their PHI, except in certain situations. Facilities must also provide patients with notices about their privacy rights and how their information will be used.
Security Rule: The HIPAA Security Rule requires covered entities, including long-
term care facilities, to implement administrative, physical, and technical safeguards to protect electronic PHI (ePHI) from unauthorized access, use, or disclosure. This includes measures such as access controls, encryption, and regular risk assessments.
Breach Notification Rule: The HIPAA Breach Notification Rule requires covered entities to notify affected individuals, the Department of Health, and Human Services (HHS), and potentially the media, in case of an unsecured PHI breach. A breach is defined as the unauthorized acquisition, access, use, or disclosure of
PHI that compromises its security or privacy.
Business Associate Agreements: Long-term care facilities often work with third-
party vendors or business associates, such as electronic health record providers or billing companies. HIPAA requires covered entities to have written agreements, known as Business Associate Agreements, with these vendors to ensure that they also protect individuals' PHI and comply with HIPAA requirements.
Enforcement: HHS's Office for Civil Rights (OCR) is responsible for enforcing HIPAA. Long-term care facilities can face penalties, fines, and other consequences if they fail to comply with HIPAA requirements, including breaches
of individuals' PHI.
4.
What are the main types of ownership of long-term care facilities (LTC)?
The main types of ownership of LTC are Public, Private nonprofit, and private for-profit. (Singh, D. A. 2009) Even Government ownership. In some cases, LTC facilities are owned and operated by government entities, such as federal, state, or local governments.
5.
Identify and discuss four rights that a patient in a LTC facility has. Why are these important to a patient?
The four rights a patient has in a LTC facility are:
Right to self determination
Patients need to be notified of their rights and will have the right to make
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treatment decisions and discuss concerns related to advance directives
(Singh, D. A. 2009)
Right to freedom of abuse, neglect, and misappropriation of property
OBRA-87 introduced new protections to protect patients from violence,
neglect and misappropriation of resident property in nursing homes
(Singh, D. A. 2009)
Right to privacy and confidentiality
In the delivery of care and treatments, facilities are expected to maintain
patient confidentiality (Singh, D. A. 2009)
Right to non-discrimination
In the legal context, all privileges of citizenship granted to each American
by a United States Constitution are granted to patients in nursing facilities
and those seeking entry to a facility (Singh, D. A. 2009)
6.
Discuss the concept of liability. What are the different types that can be found in the long-term care setting?
In the context of long-term care, liability also refers to the legal responsibility of individuals or organizations for their actions or omissions that cause harm or damage to others. Personal and corporate liability is a particular kind of liability. Liability implies the possible harm incurred by the action, usually because of the misconduct (Singh, D. A. 2009)
7.
What is contract law? How does it apply in the long-term care industry? How can a contract be breached?
This extends to long-term care, where the patient signs an agreement when he transfers to the facility and if the violation can become a legal action. If the service specified in the admission agreement has not been met, a contract may be breached. Contract law is a civil error concerning infringement of a mutual agreement between two
parties is a violation of contract, not a tort (Singh, D. A. 2009)
Reference Health Insurance Portability and Accountability Act of 1996 (HIPAA) | CDC. (n.d.).
https://www.cdc.gov/phlp/publications/topic/hipaa.html
Singh, D. A. (2009). Effective Management of Long-Term Care Facilities (2nd ed.). Jones & Bartlett Learning. https://ecpi.vitalsource.com/books/9781284069723
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