- Emergency Medical Treatment and Active Labor Act (EMTALA)

o 1. The hospital must provide an appropriate medical screening exam to

anyone coming to the ED seeking medical care and requires physician
participation
o 2. For any patient that comes to the hospital for emergency medical
condition, the hospital must treat and stabilize the emergency medical
condition.
o 3. A hospital must not transfer and individual with an emergency medical
condition that has not been stabilized unless specific criteria are met.

- Abandonment
o When the caregiver-patient relationship is terminated without making
reasonable arrangement with an appropriate person so that care by others
can be continued.
- Battery
o Intentional act on part of the caregiver to fail to respect a patients advance
directive. Also performing an unauthorized procedure.
- Breach of duty
o Failure to maintain the duty that the physician owes to the patient,
deviating from the standard of care.
- Standard of care
o The level at which a professional having the same training and experience
in good standing in a same or similar community would practice under the
same or similar circumstances.
- Vicarious liability
o Employers are liable for negligent acts or omissions by their employees in
the course of employment
- COBRA
o Consolidated omnibus budget reconciliation act. Prevents people from
suddenly losing health coverage when transitioning between jobs or when
hours worked are cut. COBRA is around so that when people lose their
jobs or are limited in hours, they do not lose their ability to have adequate
health care coverage.
- EMTALA
o Emergency medical treatment and active labor act. Requires that a hospital
provide emergency services to people who need them regardless of status
or ability to pay.
- ERISA
o Employee retirement income security act. Sets minimum standards for
retirement and pensions.
- HIPPA
o Health insurance portability and accountability act. States that information
is private and must be secured and not shared with people unnecessarily or
with those uninvolved in patient care. HIPPA protects patients health
 information from people who have no business knowing it, because that
information in private.
o Can break, then the third party is in danger. First step is to encourage the
patient to tell, if not physician is legally protected to reveal information.
- NMHPA
o Newborn mothers health protection act. Provides rules and laws about
how long newborn and mothers stay in the hospital is warranted.
- Medicare
o Funded by social security taxes and is not need-based. For people 65+,
people with certain disabilities, and people with end-stage renal disease
- Medicaid
o Means-tested and does consider an applicants assets. In addition to low-
income coverage, Medicaid is also available to persons who are aged,
blind, disables, or certain people in families with dependent children
regardless of financial burden.
- Organ donor network
o Uniform Anatomical Gift Act reaffirms that if a donor has gifted organs,
their wishes should be honored ans the family need not give additional
consent. The expanded list of people able to consent for organ or tissue
donation is available at (the organ donor network).
- FDA
o All mechanical device failures must be reported to the FDA first and only.
They act as an investigative body and will determine if there was any
criminality in the production of the devices, they can order a recall of the
devices if deemed unsafe, issue stop orders so no more devices are
implanted to make sure they are safe.
- OSHA
o Occupational health and safety administration
o Should be notified when any death or injury occurs while an employee is
at work. Federal governing body who oversees workplace safety to make
sure employers are following all regulative laws to protect individuals.
- Employers and health information
o Employers do not have the right to request confidential medical
information. Violation of the HIPPA.
- National Practioners Data Bank (NPDB)
o Provides information concerning malpractice payments, adverse licensure,
withdrawal of clinical privileges, and other negative actions taken against
individual health care practitioners.
- Centers for Medicare and Medicaid services (CMS)
o Federal agency that administers the Medicare program and works in
partnership with state governments to administer Medicaid.
- Healthcare integrity and protection data bank (HIPDB)
o Intent of the HIPDB is to combat fraud and abuse in health insurance and
health care delivery.
- Joint commission (formerly JCAHO)
 o Operates accreditation programs to subscriber hospitals and other health
care organizations. A hospital that meets joint commission accreditation is
deemed to meet the Medicare conditions of participation.
- National committee for quality assurance (NCQA)
o Designed to improve health care quality and manages voluntary
accreditation programs for individual physicians and medical groups.

- Flirty patient case

o 1. Full documentation of the events and patients behavior
o 2. Referral to another physician for medical care
o 3. Avoidance of personal encounters with a patient under any
circumstance
- Medical record ownership
o The physician document or electronic record is owned by the hospital, but
the information contained in the record is property of the patient
o They can also request a copy of the record.
- Emancipated minor
o Live alone and can have child
o Have their own insurance
o Military
- Blood to Jehovahs witness child
o According to the AAP, constitutional guarantees of freedom of religion
do not permit children to be harmed through religious practices. In
emergency situations where there is risk of harm to the child by
withholding blood-based treatment, immediate danger should be relieved
including if necessary, giving blood based treatment.
- Triage
o Patients with the most serious yet salvageable injuries should receive first
priority in multi-victim events.