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Is health information always admissible as evidence in court? Explain your answer and provide APA references. Solution What is one of the most important non-clinical uses of the medical redcord? It serves as the legal document recording a particular episode of a patient\'s care. (of the facility and treatment) When can a patient\'s information be disclosed? With the written consent or authorization of the patient. pursuant to statutory requirements or on proper legal process. Define Evidence Testimony, writings, material objects, or other things presented to prove or disprove a fact. Define ADMISSIBLE EVIDENCE Info. or things that may be admitted as evidence in a trial if the applicable rules establish that the info. is BOTH PERTINENT and PROPER (timely, accurate, complete records) for the the judge or jury to consider when deciding issues involved in the lawsuit. What is HEARSAY? Out-of-court statements that are offered to prove the truth of the matter asserted. Not signed under oath. Why are medical records considered hearsay evidence? Because the health-care providers making the statements, (entries into the record) do not do so under oath in a court of law. Therefore under the Hearsay rule they are not admissible as evidence in court. So, if Hearsay evidence is not addmisible in court, how can medical records be an exception to the rule? There ARE exceptions to the rule... BUSINESS RECORD EXCEPTION to the HEARSAY EXEMPTION RULE specifically allows medical records to be used as evidence. if the person offering the records can successfully convince the judge the records are kept in the ordinary course of business and not in preparation for litigation. BUSINESS RECORD EXCEPTION to the HEARSAY EXEMPTION RULE HIM Mgr. / Custodian must establish in court the FOUNDATION and TRUSTWORTHINESS of their record-keeping. The three elements of a FOUNDATION REQUIREMENT to the hearsay exemption? Person submitting the evidence must extablish that the record was; 1. Made and kept in the ordinary course of business 2. recorded at or near the time the event 3. By a person with knowledge of the facts, events, conditions, opinions, or diagnoses appearing in it. How is TRUSTWORTHINESS REQUIREMENT to the hearsay exception established? One of the requirements of the Business Record Exemption to the hearsay rule. HIM/custodian must testify to: - Internal policies/procedures governing access to meddical record - quality control techniques (i.e. corrections & abbreviations of the record) How does the party wishing to introduce a medical record as evidence establish the accuracy and trustworthiness of the medical record? They will bring in the custodian of medical records to testify to the accuracy and trustworthiness of the records. How does the Medical Records Custodian testify as to both the foundation and trustworthiness requirements of the business record exception? The custodian, the HIM professional, testifies in a trial or deposition: - To FOUNDATION - testifi.
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WOLLSCHLAEGER v. GOVERNOR OF THE STATE OF FLORIDA No. 12-14009. 814 F.3d 1159 (2015) The Governor of the State of Florida, other Florida officials, and members of the Board of Medicine of the Florida Department of Health (collectively, the "State"), appeal from the District Court's grant of summary judgment and an injunction in favor of a group of physicians and physician-advocacy groups (collectively, "Plaintiffs") enjoining enforcement of Florida's Firearm Owners Privacy Act1 (the "Act") on First and Fourteenth Amendment grounds. The Act seeks to protect patient privacy by restricting irrelevant inquiry and record-keeping by physicians on the sensitive issue of firearm ownership and by prohibiting harassment and discrimination on the basis of firearm ownership. The Act does not prevent physicians from speaking with patients about firearms generally. Nor does it prohibit specific inquiry or record-keeping about a patient's firearm-ownership status when the physician determines in good faith, based on the circumstances of that patient's case, that such information is relevant to the patient's medical care or safety, or the safety of others. Society has traditionally accorded physicians a high degree of deference due to their superior knowledge, educational pedigree, position of prestige, and "charismatic authority," resulting from their "symbolic role as conquerors of disease and death." Paula Berg, Toward A First Amendment Theory of Doctor-Patient Discourse and the Right to Receive Unbiased Medical Advice, 74 B.U. L.Rev. 201, 226 (1994). This deference reaches its apex in the examination room where patients are in a position of relative powerlessness. Patients must place their trust in the physicians' guidance and submit to the physicians' authority. With this great authority comes great responsibility. To protect patients, society has long imposed upon physicians certain duties and restrictions that define the boundaries of good medical care. In keeping with this tradition, the State passed the Act. The Act codifies the commonsense conclusion that good medical care does not require inquiry or record-keeping regarding firearms when unnecessary to a patient's care—especially not when that inquiry or record-keeping constitutes such a substantial intrusion upon patient privacy—and that good medical care never requires the discrimination or harassment of firearm owners. In doing so, the Act plays an important role in protecting what gets into a patient's record, thereby protecting the patient from having that information disclosed, whether deliberately or inadvertently. The Act closes a small but important hole in Florida's larger patient-privacy-protection scheme. Given this understanding of the Act, and in light of the longstanding authority of States to define the boundaries of good medical practice, we hold that the Act is, on its face, a permissible restriction of physician speech. Physicians remain free—as they have always been—to asser.
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PCN-501: Pharmacotherapy and Medication Assisted Therapy Chart Directions: Complete the following Pharmacotherapy and Medication Assisted Therapy chart. For each "Purpose of Medication," list the name of a medication that is used for the purpose listed. Complete each of the remaining fields for the medication listed. List references in the "References" section provided below the chart. Purpose of Medication Name of Medication Description of Medication (25 to 50 words) Benefits of the Medication (25 to 50 words) Risks of the Medication (25 to 50 words) Application of Medication in Treating Co-Occurring Disorders (25 to 50 words) Treat alcohol substance use disorders Opiate disorders Anxiety and depression Detoxification of substances Decrease cravings References: © 2017. Grand Canyon University. All Rights Reserved. © 2017. Grand Canyon University. All Rights Reserved. Unit I Lesson Notes: Employer-Employee Relationship The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law. This traditional employment relationship is sometimes modified by employment contracts. Employment contracts are governed by the rules that apply to contracts in general. An employment contract is based on an agreement between the employer and the employee and states express consideration (i.e., the employee promises to work for the employer for a specified period, and the employer agrees to pay the employee a specified amount of compensation). It must be made between parties that have the legal capacity to enter into a contract and be for a legal purpose. Employees hired with a contract can only be terminated according to the provisions of the contract. Conversely, employees hired under the at-will doctrine can have their employment terminated at any time and for any legal reason by either the employer or the employee. As with any other contract, the breach of an employment contract entitles the non-breaching party to recover damages that arise because of the breach of the contract. An employee who is fired in violation of an employment contract can recover any compensation due under the contract that has not been paid. For an employer, that means an employee who quits in violation of an employment contract may have to pay the costs of finding, hiring, an.
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5 DOCUMENTATION OF FINDINGS AND OPINIONS Consumers of forensic psychological services have a right to expect and receive competent services. For services to be considered competent, the opinions offered must be based on "information and techniques sufficient to substantiate their findings" (Standard 9.Ola, Bases for Assessments, of the American Psychological Association's [APA's] Ethics Code, 2002). The law requires that expert opinions provided, and the methods of data collec- tion and reasoning on which they are based, be generally acceptable within the professional community (Frye v. United States, 1923) and be able to withstand scientific scrutiny (Daubert v. Merrell Dow Pharmaceuticals, Inc., 1993). It is generally the documentation of one's work that allows a reviewer to determine whether the evaluation performed was relevant, reliable, and valid. To enable review, psychologists have an ethical obligation to appropri- ately document and maintain records of their work (Standard 6.01, Docu- mentation of Professional and Scientific Work and Maintenance of Records), and the documentation must be accurate (Standard S.Olb, Avoidance of False or Deceptive Statements). The Specialty Guidelines for Forensic Psy- chologists (SGFP; Committee on Ethical Guidelines for Forensic Psycholo- gists, 1991) state, When forensic psychologists conduct an examination or engage in the treatment of a party to a legal proceeding, with foreknowledge that 91 http://dx.doi.org/10.1037/11469-005 Ethical Practice in Forensic Psychology: A Systematic Model for Decision Making, by S. S. Bush, M. A. Connell, and R. L. Denney Copyright © 2006 American Psychological Association. All rights reserved. Co py ri gh t Am er ic an P sy ch ol og ic al A ss oc ia ti on . No t fo r fu rt he r di st ri bu ti on . their professional services will be used in an adjindicative forum, they incur a special responsibility to provide the best documentation possible under the circumstances. (VI, B, Methods and Procedures) Determining the nature of documentation that is "sufficient to withstand scrutiny in an adjudicative forum" and "the best documentation possible" may be a difficult task. However, documentation that is linked to a competent evaluation and is of sufficient detail to allow an independent peer reviewer to arrive at similar conclusions or clearly identify how the conclusions in a report or testimony were reached would most likely withstand adjudica- tive scrutiny. Documentation throughout the process of forensic evaluation or treat- ment is necessary to ensure that competent services are provided and to assist the legal decision maker. Following the provision of services, the availability of the documentation for reviewers helps to determine that competent services were provided. In addition, such documentation protects clients, the public, and the psychologist (APA, 1993; Barsky & Gould, 2002). The foreknowledge by the forensic psychologist that h.
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WOLLSCHLAEGER v. GOVERNOR OF THE STATE OF FLORIDANo. 12-14009..docx
Developing health literate consent practices
Developing health literate consent practices
Article: Expert Witness Malpractice: Making the Case for—and Against—Civil Li...
Article: Expert Witness Malpractice: Making the Case for—and Against—Civil Li...
Article: Expert Witness Malpractice: Making the Case for—and Against—Civil Li...
Article: Expert Witness Malpractice: Making the Case for—and Against—Civil Li...
Guidance on Informed Consent FDA_Williamson
Guidance on Informed Consent FDA_Williamson
Mental Health and Mental Disorder: Key Concepts
Mental Health and Mental Disorder: Key Concepts
Mental health and mental disorder terms and concepts
Mental health and mental disorder terms and concepts
PCN-501 Pharmacotherapy and Medication Assisted Therapy Chart.docx
PCN-501 Pharmacotherapy and Medication Assisted Therapy Chart.docx
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5DOCUMENTATION OF FINDINGSAND OPINIONSConsumers of f.docx
Daubert and it’s implications
Daubert and it’s implications
Effective Use of Medical Records in Administrative Hearings
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Effective Use of
Medical Records in Administrative Hearings
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Example 1:
Dr. Telephone Orders
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Example 2: Nursing
Notes
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Medical Record? OIG
Medicaid Utilization Review
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Examples
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