Workplace Behavior: Ethics and Legal Concepts



Workplace Behavior


Ethics and Legal Concepts



Chapter Objectives


On completion of this chapter, you will be able to:


1. Define the terms in the vocabulary list.


2. Write the meaning of the abbreviations in the abbreviations list.


3. List seven factors that may influence a worker’s behavior.


4. Define personal values, and explain how personal values could affect one’s interactions in the health care setting.


5. List six behavioral traits that make up one’s work ethic.


6. Explain the purposes of the Privacy Rule and the Security Rule contained in the Health Insurance Portability and Accountability Act (HIPAA).


7. List six patient rights as outlined in HIPAA.


8. Identify seven patient identifiers (individually identifiable health information [IIHI]).


9. Explain two purposes of the Health Information Technology for Economic and Clinical Health (HITECH) Act.


10. Explain two main responsibilities the health unit coordinator (HUC) has for HIPAA compliance.


11. Discuss how the HUC can protect patient confidentiality, including electronic and paper medical records.


12. Explain the importance of professional appearance.


13. List three preclinical or preemployment screenings or requirements and four requirements of The Joint Commission.


14. Explain why a supervisor or clinical instructor would request a drug test for cause and what the consequences would be if a clinical student were to refuse the test or were to test positive for drug use.


15. Discuss five guidelines for cell phone use and four rules of elevator etiquette to adhere to when in the hospital setting.


16. Explain where guidelines regarding attendance, punctuality, and breaks would be found, and discuss the importance of employees and potential employees knowing and following those guidelines.


17. Discuss the first step to take when encountering sexual harassment.


18. Describe five signs of impending violence, and explain what action the HUC should take when recognizing signs of or an act of violence.


19. Discuss two purposes of an employee performance evaluation.


20. Discuss the benefits of collecting information and writing out a fact sheet for reference before completing a job application or writing a résumé.


21. Discuss the purpose of a résumé, and list 10 guidelines to follow and items to include when writing a résumé.


22. Explain how one would prepare for a phone interview and for an in-person interview.


23. List seven ethical principles for patient care on which the Code of Ethics for each health care profession and the Patients’ Bill of Rights are based.


24. List the three sources from which laws are derived.


25. Define medical malpractice and describe how “standard of care” is determined.


26. Identify six preventive measures that can be taken to minimize the risk of medical malpractice within the HUC practice.



Vocabulary



Accountability


Taking responsibility for one’s actions; being answerable to someone for something one has done.


American Recovery and Reinvestment Act (ARRA)


Commonly referred to as the Stimulus or the Recovery Act, ARRA is an economic stimulus package enacted in 2009. The act significantly expanded HIPAA requirements affecting group health plans.


Attitude


A manner of thought or feeling expressed in a person’s behavior.


Autonomy


State of functioning independently; personal liberty.


Cardiopulmonary Resuscitation (CPR)


The basic lifesaving procedure of artificial ventilation and chest compressions performed in the event of a cardiac arrest. The Joint Commission (TJC) requires that all health care workers be certified in CPR.


Code of Ethics


A set of rules and procedures for professional conduct based on the values and ethical standards of an organization or profession.


Confidence


Belief in oneself and one’s abilities; self-confidence, self-reliance, self-assurance—usually comes with knowledge.


Confidentiality


The legally protected right afforded to all patients of having personal and medical information (written or spoken) be protected.


Damages


Monetary compensation awarded by a court for an injury caused by the act of another.


Defendant


The person against whom a civil or criminal action is brought.


Deposition


Pretrial statement of a witness under oath, taken in question-and-answer form, as it would be in court, with opportunity given to the adversary to be present to cross-examine.


Ethics


A system of moral principles (beliefs) that determine how we make judgments in regard to right and wrong.


Evidence


All the means by which any alleged matter of fact, the truth of which is submitted to investigation at trial, is established or disproved; evidence includes the testimony of witnesses and the introduction of records, documents, exhibits, objects, or any other substantiating matter offered for the purpose of inducing belief in the party’s contention by the judge or jury.


Expert Witness


A person who has special knowledge of the subject about which he or she is to testify; this knowledge must generally be such as is not normally possessed by the average person.


Fidelity


Reliability, trustworthiness, dependability; doing what one promises.


Health Information Technology for Economic and Clinical Health (HITECH) Act


Law that stimulates the adoption of electronic health records (EHRs) and widens the scope of privacy and security protections available under HIPAA.


Health Insurance Portability and Accountability Act (HIPAA)


A U.S. law designed to provide privacy standards to protect patients’ medical records and other health information provided to health plans, doctors, hospitals, and other health care providers.


Hostile Working Environment


A threatening or sexually oriented atmosphere or pattern of behavior that is determined to be a form of harassment.


Informed Consent


Doctrine that states that before patients are asked to consent to a risky or invasive diagnostic or treatment procedure, they are entitled to receive certain information: (1) a description of the procedure, (2) any alternatives to it and their risks, (3) risks of death or serious bodily disability from the procedure, (4) probable results of the procedure, including any problems with recuperation and anticipated time of recuperation, and (5) anything else that is generally disclosed to patients who are asked to consent to a procedure.


Liability


Condition of being responsible for damages resulting from an injurious act or from discharging an obligation or debt.


Medical Malpractice


Professional negligence of a health care professional; failure to meet a professional standard of care, resulting in harm to another—for example, failure to provide “good and accepted medical care.”


Negligence


Failure to satisfactorily perform one’s legal duty, such that another person incurs some injury.


Philosophy


Guiding or underlying principles; attitude toward life.


Plaintiff


Person who brings a lawsuit against another.


Principles


Basic truths; moral code of conduct.


Quid pro Quo (Latin)


With regard to employment, situation in which conditions of employment (hiring, promotion, retention) are made contingent on the victim’s providing sexual or other favors.


Respect


Holding a person in esteem or honor; having appreciation and regard for another.


Respondeat Superior (Latin)


“Let the master answer”; legal doctrine that imposes liability on the employer as a result of the action of an employee. Note: The employee is also liable for his or her own actions.


Retaliation


Revenge; payback.


Role Fidelity


Requires that health care professionals remain within their scope of legitimate practice.


Scope of Practice


Legal description of what a specific health professional may and may not do.


Sexual Harassment


Unwanted, unwelcome behavior that is sexual in nature.


Standard of Care


The legal duty one owes to another according to the circumstances of a particular case; it is the care that a reasonable and prudent person would have exercised in a given situation.


Statutes


Laws passed by the legislature and signed by the governor at the state level and the president at the federal level.


Statute of Limitations


Time within which a plaintiff must bring a civil suit; this limit varies with the type of suit, and it is set by the various state legislatures.


Tactfulness


Sensitivity to what is proper and appropriate in dealing with others; use of discretion regarding the feelings of others.


Values


Personal beliefs about the worth of a principle, standard, or quality; what one holds as most important; values reflect a person’s sense of right and wrong.


Values Clarification


A method of determining and accessing one’s values and how those values affect personal decision making.


Work Ethic


Moral values regarding work.


Workplace Behavior


A pattern of actions and interactions of an individual that directly or indirectly affects his or her effectiveness while at work; the attitude and amount of enthusiasm that one brings to the job.







Workplace Behavior


Workplace behavior may be described as a pattern of actions and interactions of an individual that directly or indirectly affects their effectiveness while at work. It reflects the attitude and amount of enthusiasm that the employee brings to the job. Today’s health care employees must perform their jobs efficiently and effectively while showing patients respect, patience, and empathy. We have all made decisions to buy or not buy a product or service based on the salesperson’s attitude or behavior. Patient survey responses that assess satisfaction with care are greatly influenced by the caregivers’ and other hospital employees’ attitudes or “workplace behavior.” Patient satisfaction may impact the patient’s choice of hospital for their health care or whether they submit a complaint. A variety of factors can influence a person’s workplace behavior.



Factors that Influence Workplace Behavior




Job satisfaction has a direct correlation to workplace behavior. It is important to choose a career and a position that will best meet one’s personal needs and aspirations. Many job options exist for a health unit coordinator (HUC) in the health care field. If one loves to be around children, pediatrics may be ideal, or if an individual wants to be challenged, the emergency room or an intensive care unit may be the best choice. If a job that will provide solitude is wanted, the recovery room may be an option, or if a more social setting is preferred, a medical-surgical unit may be a better choice. Consider options carefully.



Personal Values


Personal values reflect the beliefs or culture of an individual; that evolve from circumstances with the external world and can change over time. According to Morris Massey, a sociologist and producer of training videos, values are formed during three significant periods:



Significant emotional events in our lives and other life experiences may change our values. For example, losing a loved one may cause one to treasure family and to value life in a way one had not before. Life experiences can change what we view as most important and can also help us gain empathy for others. Our values can have a major impact on how we relate to others and on the choices and decisions that we make. Diann B. Uustal, EdD, a well-known nurse and ethicist, describes values as being “a basis for what a person thinks about, chooses, feels, and acts on” (Uustal: Orthoped Nurs 11(3):11-15, 1992). The HUC position requires communication that is provided in a nonjudgmental way. Personal values may cause problems in certain interactions. Examining one’s value system is important in preparing to work in the health care setting.





Influence of Personal Values in the Health Care Setting


A patient’s values can also influence a health care professional’s behavior when those values conflict with the health professional’s values.



Conversation and statements made at the nursing station or anywhere in the hospital may be overheard. Health care professionals must be aware of what they say and judgments that they make.




Values Clarification


Values clarification is an important tool for HUCs to use in preparing to become competent professionals. Either consciously or unconsciously, values guide personal and professional thinking. It is essential for HUCs to understand and be aware of their values and to remain nonjudgmental of the values others hold that differ from their own. Value conflicts include cultural, spiritual, social, and ethnic differences. There are times when it is difficult to remain nonjudgmental, especially when a child or elderly patient is admitted because of abuse and it is necessary to communicate with the probable abuser. One is entitled to one’s feelings, but it is important to remain professional and allow the doctors, nurses, and protective services personnel to do their jobs.




Work Ethic


One’s work ethic refers to a person’s moral values regarding work. It is essential that the HUC demonstrate the work ethic traits discussed in the following sections.



Behavioral Traits that Make Up a Person’s Work Ethic


Behavioral Traits for “You” as a Health Unit Coordinator




Dependability: Patients and members of the health care team rely on you to report to work when scheduled and to be on time. You are also depended on to perform duties and tasks as assigned and to keep obligations and promises. Adequate sleep and abstinence from drugs are essential to maintain your dependability. Lack of sleep, use of illegal drugs, or misuse of prescription drugs would clearly endanger patients.


Accountability: Part of being dependable is being accountable. Accountability is taking responsibility for your own actions (i.e., being answerable to someone for something you have done). HUCs must be aware of and never exceed their scope of practice. If you are unable to report to work or to do your job, it is your responsibility to communicate this to the staffing office at least 2 hours before the scheduled shift.


Consideration: Be considerate of the physical condition and emotional state of the patients and your co-workers.


Cheerfulness: Greet and converse with patients and others in a pleasant manner. HUCs cannot bring personal problems to work. Sarcasm, moodiness, and bad tempers are inappropriate in the workplace.


Empathy: Make every attempt to see things from the viewpoint of patients, families, and co-workers. Keep in mind that stress and worry can affect people’s behavior, so refrain from treating a display of anger or frustration as a personal attack.


Trustworthiness: Your employer, patients, and co-workers have placed their confidence in you to keep patient information confidential. HUCs have access to a lot of information and must not engage in gossip regarding patients, co-workers, physicians, or the hospital.


Respectfulness: Respect is a primary value in health care and can be shown in many ways, including tone of voice, body language, attitude toward others, and attitude about work. All life is worthy of respect. We all have a right to our own value system and must respect that others have a right to theirs. Make every attempt to understand the values and beliefs of the patients and your co-workers that may differ from your own.


Courtesy: Be polite and courteous to patients, families, visitors, co-workers, and supervisors. Address people by name (e.g., Mrs. Johnson, Dr. Smith). Other courteous acts include saying “please” and “thank you” and not interrupting when others are speaking.


Tactfulness: Be sensitive to the problems and needs of others. Be aware of what you say and how you say it.


Conscientiousness: Be careful, alert, and accurate in following orders and instructions. Never attempt to perform a procedure or a task that you have not been trained or licensed to perform.


Honesty: Be sincere, truthful, and genuine, and show a true interest in your relationships with patients, families, visitors, and co-workers. If you make an error, bring it to the attention of the appropriate person(s). Never attempt to cover up an error!


Cooperation: Be willing to work with others, especially in the team-oriented climate of health care. When co-workers work as a team, everyone involved benefits.


Attitude: Attitude is a manner of thought or feeling that can be seen by others when they are observing your behavior. The tone of your voice and your body language can change the message you are trying to send. Your attitude will be reflected in your work. Be positive about your job and the contribution that you are making.



Overview of the Health Insurance Portability and Accountability Act


HIPAA is an acronym for the Health Insurance Portability and Accountability Act of 1996. Health providers and health plans are legally required to follow this act.


The act is composed of five sections. Components of HIPAA and changes to the original HIPAA legislation have gone into effect several times since 1996, including in 2003, 2005, 2006, and 2007. Additional changes to HIPAA included in the American Recovery and Reinvestment Act (ARRA) of 2009 significantly expand HIPAA’s privacy and security regulations.


Title I of HIPAA protects health insurance coverage for workers and their families when they change or lose their jobs. It establishes rules on how a group plan handles a preexisting condition.


Title II includes the Privacy Rule and the Security Rule—both enacted in 2003. The Privacy Rule establishes regulations for the use and disclosure of protected health information (PHI). The rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records and to request corrections (Box 6-1, Patient Rights as Outlined in the Health Insurance Portability and Accountability Act). The Security Rule applies to electronic protected health information (EPHI) or individually identifiable health information (IIHI) in electronic form. IIHI relates to (1) an individual’s past, present, or future physical or mental health or condition, (2) an individual’s provision of health care, and (3) past, present, or future payments provided for provision of health care to an individual; IIHI is information that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual.



BOX 6-1   PATIENT RIGHTS AS OUTLINED IN THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT




1. Right to receive Notice of Privacy Practices and notice of the uses and disclosures of protected health information (PHI) that may be made by the covered entity.


2. Right to request restrictions on use and disclosure of PHI—The health care provider is not required to agree to a restriction.


3. Right to receive confidential communication—The health care provider must accommodate reasonable requests from individuals to receive communications of PHI by alternative means or at alternative locations and cannot require a reason for the request.


4. Right to not be listed in hospital directory when admitted to hospital.


5. Right to access, inspect, and copy PHI—The health care provider can deny a request under certain conditions, and the requesting individual may appeal a denial of his or her right to access PHI.


6. Right to amend PHI—The health care provider can deny a request and must provide a timely denial in plain language and include the basis for the denial.


7. Right to receive an accounting of disclosures of PHI—Required by law.

Stay updated, free articles. Join our Telegram channel

Apr 8, 2017 | Posted by in MEDICAL ASSISSTANT | Comments Off on Workplace Behavior: Ethics and Legal Concepts

Full access? Get Clinical Tree

Get Clinical Tree app for offline access