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Medical Insurance-ch3 - (copy)

The Legal Environment

AB
abuse(in Federal law)actiothe monthe government has allocatedfor particular uses "to bill when it is not necessary"
auditinvestigators review selected records for compliance with accepted documentation standards
breach of contractif eith "competent medical care" is not fairly exchanged by "payment of fee"as agreed by contract promise(IMPLIED legal contract)
compliance planto find compliance problems and correct them before a liability occurs
comfidential informationinformation including all but a few facts in the patient's medical record
contractenforcible agreement in which specific promises are made
fraudact of deception used to take advantage of another person or entity "to bill when the task was not done"
HIPPAHealth Insurance Portability and Accountibility Act:legislation for action against medical fraud and abuse in Medicare, Medicaid, and private payers
libelwritten information given out with the intent to harm the reputation of the patient
medical professional liabilityresponsibility for providing the state-required standard of care to their patients
negligencewhen health care professionals fail to perform their medical duties properly
nonconfidential informationa person's name, dates of service,verification of hospital admission
qui tam"whistle blower" The accusor(=relator)is protected against employer retaliation & may be entitled to 15-25% of fine paid by accused
respondent superiorlaw in which employer is responsible for an employee's actions(physicians can be charged for fraudulent behavior of any staffmember)
slanderoral information given out with the intent to harm the reputation of the patient.
supoenaan order of the court directing a party to appear and testify
supoena tecum ducesdirects the person and his medical record to appear in court
OBRAEmergency Release of Information Without Consent"Omnibus Budget Reconsiliation Act"
4 ways for release of information to be transmittedfaxing, telephone, mail,electronic transmission
HIPPAgoverns fraud and abuse enforced by office of inspector general(OIG)
E &O insuranceError and Ommission insurance (for coders)

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