CHAPTER 3: LEGAL AND ETHICAL
ISSUES
LEARNING OBJECTIVES
List examples of legal and ethical behavior
Explain the Omnibus Budget Reconciliation Act (OBRA)
Explain resident’s rights in regards to their importance
Discuss abuse and neglect, including how to report each
List examples of behavior supporting and promoting residents’ rights
Describe what happens when a complaint of abuse is made against a nursing assistant
Explain how disputes may be resolved, including the ombudsman’s role
List ways to protect resident’s privacy
Explain the Patient Self-Determination Act (PSDA)
LEGAL AND ETHICAL ISSUES
Ethics
Law
Guideline’s for legal and ethical
behavior
OMNIBUS BUDGET RECONCILIATION ACT (OBRA)
Omnibus Budget Reconciliation Act (OBRA)
Minimum Data Set (MDS)
RESIDENTS’ RIGHTS
Residents’ Rights
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Quality of Life
Services and activities
Fully informed about rights and services
Participate in his or her own care
 Informed consent
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Make independent choices
Privacy and confidentiality
Dignity, respect, and freedom
Security of posessions
Transfers and Discharges
Complain
Visits
Social services
ABUSE AND NEGLECT
Abuse
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Physical
Psychological
Sexual
Financial
Neglect
BEHAVIORS SUPPORTING AND PROMOTING
RESIDENTS’ RIGHTS
Guidelines for protecting Resident’s
Rights
COMPLAINTS OF ABUSE
Nurse Aid Training Competency Evaluation Program (NATCEP)
RESOLUTION OF DISPUTES AND THE
OMBUDSMAN’S ROLE
Ombudsman
Older Americans Act (OAA)
HIPAA AND PROTECTION OF RESIDENTS’ PRIVACY
Confidentiality
Health Insurance Portability and
Accountability Act (HIPAA)
Protected health information (PHI)
Health Information Technology for
Economic and Clinical Health (HITECH)
THE PATIENT SELF-DETERMINATION ACT (PSDA)
AND ADVANCED DIRECTIVES
Patient Self-Determination Act (PSDA)
Advanced directives
Living will
Durable power of attorney for healthcare
Do-not-resuscitate (DNR)
REVIEW
Law and ethics
Omnibus Reconciliation Act (OBRA)
Residents’ rights
Abuse and neglect
Behaviors supporting and promoting residents’ rights
Complaints of abuse
Resolution of disputes and the ombudsman’s role
HIPAA and protection of residents’ privacy
The Patient Self-Determination Act (PSDA) and advanced directives