1–10: Patient Rights and Privacy
What is informed consent, and why is it important?
Answer: Informed consent ensures patients understand treatment options, risks, and benefits before agreeing, protecting their autonomy.
What does HIPAA protect?
Answer: HIPAA safeguards the privacy of medical records and personal health information.
Can a patient refuse treatment for religious reasons?
Answer: Yes, patients can refuse treatment based on religious beliefs, even if life-saving.
Also read:
- https://insightfullawhelp.com/20-health-law-questions-and-their-relevance-to-patients/
- https://insightfullawhelp.com/25-faqs-about-medical-malpractice-and-health-rights/
- https://insightfullawhelp.com/30-health-law-issues-explained-by-legal-experts/
What are patient rights in telemedicine?
Patients have the right to privacy, accurate information, and secure communication during virtual health care visits.
What happens when a healthcare provider breaches patient confidentiality?
Answer: The provider faces fines, lawsuits, and penalties from regulatory bodies as a result of the HIPAA policy.
Do patients have the right to access their medical records?
Answer: According to HIPAA, patients can access their record within a timeframe.
Can a hospital deny treatment due to the inability to pay?
Answer: No, under EMTALA, hospitals are legally obligated to offer emergency care without regard to one’s financial situation.
What is medical data portability?
Answer: Patients’ medical records are transferred between providers to ensure seamless care.
How are patients protected against surprise medical bills?
Answer: Laws like the No Surprises Act prevents surprise out-of-network charges during emergencies and certain non-emergency situations.
Can a patient sue for a HIPAA violation?
Answer: The individual cannot file a lawsuit but can file complaints with the HHS.
11–20 Healthcare Provider Responsibilities
What is malpractice?
Answer: Malpractice is a result of negligence from a healthcare provider that causes harm to the patient.
What is standard care in health care?
Answer: It is the level of care a competent provider would provide under similar circumstances.
Are providers liable for errors made in telemedicine?
Yes, providers are equally liable as their in-person services.
What is duty to warn in healthcare?
Providers can release confidential information in order to prevent harm to others.
Can a provider refuse to treat a patient?
Providers are allowed to decline non-emergency care for any legitimate reason. For example, a patient does not comply with orders, but discrimination is not permissible.
What are the obligations during a public health crisis?
Answer: Providers should adhere to government regulations, disease reporting, and ensure protection of the public.
What is a role of a whistleblower in the health sector?
Answer: Whistleblowers reveal illegal practices such as fraud or dangerousness under legal cover like the False Claims Act.
How do patient safety violations report?
Answer: Violations can report to the regulatory body such as OSHA or state health departments.
What is the role of medical ethics in healthcare law?
Answer: Ethics guide legal obligations, ensuring patient rights and professional accountability.
What are a provider’s obligations in experimental treatments?
Answer: Providers must inform patients about risks, benefits, and alternatives while adhering to research ethics.
21–30: Health Insurance and Billing
What is the No Surprises Act?
Answer: A U.S. law protecting patients from unexpected out-of-network charges in emergencies and certain non-emergency situations.
Can patients appeal denied insurance claims?
Answer: Patients can submit internal appeals and apply for an external review for the denied claims.
What is balance billing? Is it allowed?
Answer: Balance billing happens when providers collect from patients what their fee minus insurance payments amount to. This is illegal at times.
How can billing fraud be reported?
Answer: A patient can report a suspected fraud either to the insurance companies or to a government agency like Medicare.
What protections are afforded to Medicaid and Medicare patients?
Answer: Patients have rights to equal access, appeals, and non-discrimination under federal laws.
Can providers charge for services not rendered?
Answer: No, billing for unperformed services is fraudulent and punishable under the False Claims Act.
What are health savings accounts (HSAs)?
Answer: HSAs allow patients to save pre-tax funds for qualified medical expenses.
What is COBRA, and who qualifies?
Answer: COBRA permits individuals to continue employer-sponsored health coverage upon loss of employment, but only at their own expense.
How might patients challenge medical charges?
Answer: Patients may obtain itemized bills, investigate charges, and contest or file a complaint to settle.
Do undocumented immigrants have access to healthcare?
Answer: Undocumented immigrants have access to emergency care through EMTALA and some state plans.
31–40 Systemic and Emerging Issues
What is telemedicine fraud?
Answer: Fraudulent practices in telemedicine, including billing for services not provided, are prosecutable.
What laws control vaccination mandates?
Answer: Federal and state laws govern mandates but include exemptions based on medical and sometimes religious grounds.
What is the Genetic Information Nondiscrimination Act (GINA)?
Answer: GINA bars genetic information discrimination in health insurance and employment.
How does the ADA affect healthcare facilities?
Answer: Facilities must be accessible and provide reasonable accommodations to patients with disabilities.
What are the consequences of medical device failures?
Response: Joint liability for producers and deliverers exists in cases of faulty medical devices.
What protections are in place for mental health patients?
Response: The Mental Health Parity Act safeguard equal insurance coverage for mental health care.
How are healthcare data breaches penalized?
Response: HIPAA incorporates fines, litigation, and regulatory scrutiny to date a breach.
What are the ethical and legal implications of AI in healthcare?
Issues include patient consent, bias in algorithms, and accountability for AI-driven errors.
How are providers handling opioid use disorder?
Providers should adhere to prescription monitoring programs and instruct the patient regarding risk.
What role does public health law play in pandemics?
Public health law allows a government to issue quarantining orders, enforce mandates for vaccines, and issue requirements for reporting so that it could control diseases spread.