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| Preface | |
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| About the Author | |
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| About Legal Citations | |
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| About Legal Research | |
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| Workings of the American Legal System | |
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| Public and Private Law | |
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| Private Law | |
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| Public Law | |
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| Sources of Law | |
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| Constitutions | |
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| Statutes | |
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| Administrative Decisions and Regulations | |
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| Judicial Decisions | |
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| Branches of Government | |
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| Legislative Branch | |
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| Executive Branch | |
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| Judicial Branch | |
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| Quasi-Legal Requirements | |
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| Court Systems and Legal Procedures | |
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| Court Systems | |
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| Jurisdiction | |
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| Court Structure | |
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| Legal Process | |
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| Beginning the Lawsuit | |
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| Discovery | |
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| Pretrial Conference | |
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| Trial | |
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| Appeal | |
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| Satisfying the Judgment | |
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| Alternative Dispute Resolution | |
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| Principles of Liability | |
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| Health-Care Relationships | |
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| Physician-Patient Relationships | |
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| Hospital-Patient Relationships | |
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| Hospital-Physician Relationships | |
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| Theories of Liability | |
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| Nonintentional Torts | |
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| Intentional Torts | |
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| Breach of Contract | |
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| Defenses and Limitations on Liability | |
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| Statutes of Limitations | |
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| Charitable Immunity | |
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| Governmental Immunity | |
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| Good Samaritan Statutes | |
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| Contributory and Comparative Negligence | |
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| Assumption of Risk | |
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| Patient Record Requirements | |
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| Function and Use of the Medical Record | |
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| Legal Requirements for Medical Record Content | |
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| Content of the Medical Record | |
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| Timely and Complete Medical Records | |
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| Retention Requirements | |
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| Statutes and Regulations | |
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| Other External Forces | |
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| Bases for Decision | |
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| Record Destruction | |
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| Destruction in Ordinary Course | |
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| Destruction Due to Closure | |
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| Access to Health Information | |
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| Ownership of Health Information | |
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| Notice of Use and Disclosure | |
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| Access by or on Behalf of the Patient | |
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| General Principles of Disclosure Information | |
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| By the Patient | |
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| To Third Parties | |
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| Reasonable Fees | |
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| Access by the Researcher | |
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| Access by the Business Associate | |
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| Access Pursuant to Reporting Laws | |
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| Access to Adoption Records | |
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| Confidentiality and Informed Consent | |
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| Confidentiality | |
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| Constitutional Basis | |
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| Statutory Basis | |
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| Common Law Basis | |
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| Informed Consent | |
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| Historical Development | |
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| Scope of Informed Consent Doctrine | |
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| Judicial Process of Health Information | |
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| Medical Records as Evidence | |
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| Hearsay | |
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| Privilege | |
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| Responses to Legal Process | |
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| Subpoenas | |
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| Court Orders | |
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| Response Methods | |
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| Specialized Patient Records | |
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| Drug and Alcohol Abuse | |
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| Confidentiality | |
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| Release of Information | |
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| Miscellaneous Issues | |
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| Mental Health and Developmental Disability Care | |
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| Content Requirements | |
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| Privacy Restrictions | |
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| Home Health Care | |
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| Genetic Information | |
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| Risk Management and Quality Management | |
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| Risk Management | |
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| General Principles | |
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| Patient Record Requirements | |
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| Incident Reports | |
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| Quality Management | |
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| Peer Review Privileges | |
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| National Practitioner Data Bank | |
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| HIV Information | |
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| Testing | |
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| Background Information about HIV/AIDS | |
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| Voluntary Testing | |
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| Mandatory Testing | |
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| Anonymous Testing | |
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| Patient Confidentiality | |
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| Legal Challenges | |
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| Employment Challenges | |
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| Improper Disclosure Challenges | |
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| Computerized Patient Records | |
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| Accreditation and Licensure Issues | |
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| Creation and Storage | |
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| Authentication | |
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| Liability Issues | |
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| Admissible Evidence | |
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| Security Issues | |
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| Electronic Health Issues | |
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| Internet | |
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| Electronic Mail | |
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| Digital Imaging | |
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| Telemedicine | |
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| Health-Care Fraud and Abuse | |
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| Fraud and Abuse | |
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| Major Laws Addressing Fraud and Abuse | |
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| Law Enforcement Agencies | |
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| Compliance Programs | |
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| Appendix | |
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| Case Studies: Things to Consider | |
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| Table of Cases | |
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| List of Common Acronyms | |
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| A Patient's Bill of Rights | |
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| Principles of Medical Record Documentation | |
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| Durable Power of Attorney for Health Care and Health Care Directive (Sample Form) | |
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| Sample Living Will | |
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| Patient Self-Determination Act | |
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| Health Care Quality Improvement Act | |
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| Glossary | |
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| Index | |