Legal and Ethical Issues

1. Legal and Ethical Issues

2. OBJECTIVES 1. Describe and explain legal and ethical issues. 2. Describe guidelines for avoiding legal action and list methods for protecting consumer rights 3. Identify, describe, and differentiate cases of abuse, neglect and exploitation, and reporting 4. Describe techniques for promoting consumer rights 5. Describe and explain ethical behavior in caregiving 6. Describe advance directives and the significance of the “orange” form

3. A. Legal Terms and Definitions • Abandonment • Assault • Battery • False imprisonment • Fraud • Invasion of privacy • Liability • Malpractice • Negligence

4. B. Distinction Between Law and Ethics • Law: rules written by the legislature or a government agency. • Ethics: a system of moral values

5. C. Avoiding Legal Action • Keep personal information confidential. • Only perform work assigned. • Do not do less work than assigned. • Avoid doing careless or low-quality work. • Report abuse and make sure your actions are not considered abusive.

6. D. Ethical Principles • Honesty • Respect • Reliability • You should not take gifts or tips • Follow the client’s service plan unless you consult with your supervisor • Take pride in doing your job well

7. E. Client Rights Clients have the right to: • Considerate and respectful treatment • Not be abused • Decide how their services will be provided • Refuse treatment • Privacy • File a complaint with the agency • Confidentiality

8. F. caregiver Rights caregivers have the right to: • File a complaint without fear of retaliation. • Not be abused • Work in a safe environment. • Provide input to a client’s service plan • .Be informed when a client files a complaint • A confidential investigation, a fair hearing • Receive timely payment for services

9. G. CONFIDENTIALITY (HIPAA) – What is HIPAA? HIPAA, the Health Insurance Portability and Accountability Act of 1996, is a law that keeps the identifiable health information about our clients confidential.

10. CONFIDENTIALITY (HIPAA) – What is Confidential? All information about our clients is considered private or confidential, whether written on paper, saved on a computer, or spoken aloud. If you reveal any information to someone who does not need to know, you have violated a client’s confidentiality, and you have broken the law.

11. CONFIDENTIALITY (HIPAA) – What are the consequences of breaking the law? • Agencies and their employees can receive civil penalties up to $25,000 for the violation • Agencies and their employees can also receive criminal penalties up to a $250,000 fine and/or 10 years in prison for using information for personal gain or harm

12. CONFIDENTIALITY (HIPAA) – Why are privacy and confidentiality important? • We need client’s personal information in order for us to provide quality care. We should keep what we know private and limited only for treatment and health care operations.

13. What are the client’s HIPAA rights? • To inspect and copy his/her medical record • To amend the medical record if he/she feels it is incorrect • To do an accounting of all disclosures necessary for treatment • To restrict access to medical information by others • To receive a copy of the Agency’s Notice of Privacy Practices

14. What are the ways to protect confidentiality? • Spoken communications • Telephone communications • Medical records • Trash • Fax transmissions • Computer

15. H. Adult and Child Abuse 1. Definition: Adult and child abuse refers to any from of maltreatment of a person by a caregiver, family member, spouse, or friend.

16. What are categories of abuse? • Abuse • Sexual abuse or sexual assault • Neglect • Financial exploitation • Emotional abuse

17. ADULT AND CHILD ABUSE –Risk Factors – Adult Abuse • Previous incidents of domestic violence by spouse • Financial dependency on the adult by the abuser • Mental illness of abuser • Adult children living with the older parent • Abuser isolates adult to prevent the abuse from being discovered

18. ADULT AND CHILD ABUSE –Signs – Adult Abuse • Physical - • Sexual - • Emotional - • Neglect (including self-neglect) - • Financial -

19. ADULT ABUSE –Prevention • Community awareness • Public and professional education • Caregiver support groups • Stress management training • Respite care or in-home services • Through the Parent Assistance Program

20. ADULT ABUSE –Reporting Requirements • Mandatory reporting • Adult Protective Services • Immunity

21. ADULT ABUSE –Legal penalties • Felony Any person who has been employed to provide care and permits the person’s life to be endangered by neglect can be found guilty of felony.

22. I. What is an Advance Directive? • It is a document specifying the type of treatment individuals want or do not want under serious medical conditions. • It is used when a person is unable to communicate his or her wishes • It provides written proof of the expressed wishes of the individual, rather than making the family guess what is desired.

23. Two forms that are generally involved with advance directives: • Living Will • Durable medical power of attorney

24. J. Do Not Resuscitate Order (DNR), The Orange Form • Agency – Specific Policies and Procedures • Display of the Orange Form