Legal and ethical issues in elderly care

March 17, By Science Care Legal Issues in Elder Care Growing older will force people to make life care decisions that affect medical and end of life concerns. These decisions about health and medical care are highly sensitive, and they deserve the strongest protection under the law.

Legal and ethical issues in elderly care

Hutcherson, MS, RN Abstract During the last century the world has become increasingly reliant on a variety of technologies to manage information needs.

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Escalation in deployment of remote technology to enhance health care, accompanied by expanded public and private reimbursement for distant care, indicates increasing acceptance of these technologies.

Yet many legal and regulatory questions regarding the provision of health care using these technologies remain. This article will discuss the foundations of telehealth nursing and address legal and regulatory issues emerging from this new practice modality. Online Journal of Issues in Nursing.

Health websites proliferated, ranging from those offering a wide array of health information to sites dedicated to specific disease entities. Health-related information emerged as among the most frequently sought material on the Internet.

Concurrently, more sophisticated electronic monitoring and assessment tools were developed, facilitating innovative approaches to remote monitoring of health status. This remote monitoring capability resulted in creative approaches to disease management.

Technology that gathers and electronically transmits patient data to the physician for evaluation holds promise for saving both patient and providers substantial dollars.

Escalation in deployment of remote technology to enhance health care, accompanied by expanded public and private reimbursement for distance care, indicates that the U. This article will discuss the foundations of telehealth nursing and addresses legal and regulatory issues emerging from this new practice modality.

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As is often the case, adoption of innovative new approaches to care has occurred at a much more rapid pace than legal and regulatory questions have been answered. Constitution, each state is empowered to establish laws to protect the citizens of the respective state. Thus the century old, state-based licensure structure is now being challenged by an exploding world of technology and entrepreneurial care delivery services which are completely impervious to the confines of invisible state borders.

A component of this "public protection" mandate is the state responsibility for establishing standards for health care professionals who provide services for citizens of that state. For almost a hundred years, America has had a firmly established system for issuing state-based licenses to health care providers, including authorization to practice within the boundaries of the state that issued the license.

However, no state is empowered to grant authority for professional practice in another state. Until recent years, licensure was not seen as an impediment to providing health care because the health facility, the health care provider, and the patient were almost always in the same location; and providers were licensed where the care was given.

With the advent of multistate delivery systems and nursing call centers, however, the nurse and the patient are often in different geographical locations.

Federal Involvement The Balanced Budget Act BBA of provided an impetus to the development of telehealth when it authorized Medicare telemedicine reimbursement under certain circumstances. Additionally, substantial federal dollars were earmarked for telemedicine grants to determine the viability of telemedicine to increase access to quality health care services for the underserved through use of advanced telecommunications and information technologies by rural health providers.

Medicare currently pays for teleconsultation using two-way interactive video encounters as a substitute for "face to face" visits, but only if the patient is a part of the interactive video session.

To assist with evaluation of the overall telemedicine environment, Congress mandated preparation of a comprehensive report analyzing the obstacles to the advancement of telemedicine.

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The section of this report on legal and regulatory issue primarily addressed licensure with some discussion of liability. This article will address major barriers related to legal and regulatory issues of telehealth.

Other articles in the Online Journal of Issues in Nursing Topic of Teleheath address issues relating to payment, privacy, security and confidentiality issues. Telehealth Practice The term telemedicine was originated by early international relief endeavors and fueled by technological advances of the space program.

The incorporation of distance care into health care practice produces terms, such as: The multiplicity of telemedicine applications ranges from POTS plain old telephone system to such high technology practices as remote surgery.

The role of nursing is an integral component of telehealth practice. Some telehealth programs are based almost entirely on provision of nursing care while others focus on enhancing the ability of physicians to provide diagnostic services.

The three areas of greatest interest to nurses are: In discussing legal and regulatory issues, the terms telemedicine and telehealth may be used interchangeably, depending on the context - yet always referring to the practice of using electronic technology to provide patient care over distance.

In the Department of Health and Human Service Report to Congress, "telemedicine" referred to "the use of electronic communication and information technologies to provide or support clinical care at a distance.Efforts to Increase Research and to Translate Findings; End of Life References ; This research Web page resource focuses on end-of-life care.

In discussing legal and regulatory issues, the terms telemedicine and telehealth may be used interchangeably, depending on the context - yet always referring to the practice of using electronic technology to provide patient care over distance. In-home care includes a wide range of services provided in the home, rather than in a hospital or care torosgazete.com can allow a person with Alzheimer's or other dementia to stay in his or her own home.

In conclusion this case study illuminates the ethical and legal issues faced by healthcare professionals in healthcare facilities weather it is a hospital or a nursing home when adverse events happen.

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C. Share of Cost. The State sets a "maintenance need standard". Since January 1, the maintenance need standard for a single elderly/disabled person in the community has been $ monthly; the Long Term Care maintenance need level (i.e., personal needs allowance when someone is in a nursing home) remains at $35 monthly for each person.

Legal and ethical issues in elderly care
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