HIM 195 Glossary

A-C
Term Definition
A pattern of practices or customs that is unsound or
Abuse inconsistent with ethical business, fiscal or health care
practices or customs.
Executive branch agencies that operate to interpret law and
Administrative bodies to promulgate and enforce rules and regulations, found at
the federal, state, and local levels.
The decisions and regulations issued by government
Administrative law
agencies that are charged with interpreting statutory law.

Written instructions describing the kind of health care the

Advance directives patient wishes to have or not have in the event that she
becomes incapacitated.

The action of asking a higher court to review the activities in

Appeal
a trial court to determine whether an error occurred.
Assault A threat that does not involve physical contact.
An ethical concept referring to independence, self-
Autonomy
determination, or freedom.
Battery Physical contact that involves injury or offense.
An ethical concept referring to the qualities of kindness,
Beneficence
mercy and charity.
The failure of the parties to a contract to perform according
Breach of contract
to the contracts term.
Individuals/organizations doing business with entities that
Business Associates
are involved in the use or disclosure of PHI.
[developed by Immanuel Kant] is the fundamental principle
of deontology and carries a command derived from a
principle that does not allow exceptions. The categorical
imperative requires application of unconditional commands
in a similar manner in all situations, without exception. For
Categorical imperative
example, the deontologist who considers life to be sacred
could never justify killing, no matter what factual
circumstance might have led to a killing, such as self-
defense. The duty to protect life remains the universal
command.
Does not include criminal law; primarily focuses on private
Civil Law
rights and remedies.
Written lists of a profession’s values and standards of
conduct. Codes of ethics identify for a broader community
what the professional association defines as the basic
Codes of ethics ethical and moral standards to which its members must
adhere. These ethical and moral standards are to be used
by the profession’s membership as the guiding principles
governing their conduct.
Judicial decisions that interpret relevant constitutional
Common Law provisions, federal or state statutes, regulations, and
previous court decisions.
Balancing the competing interests of individuals and groups
Comparative Justice against one another, with no independent standard used to
make this comparison.

Written document that describes the jurisdiction of the court

 in which the lawsuit is filed, the grounds for the lawsuit, and
Complaint
the type of relief the plaintiff demands.
A program that ensures the use of effective internal controls
that promote adherence to applicable local, state and
Compliance Program
federal laws and regulations and the program requirements
of federal, state, and private health plans.
The obligation of the health care provider to maintain patient
Confidentiality information in a manner that will not permit dissemination
beyond the health care provider.
Provisions found in constitutions; considered superior or
Constitutional law
supreme above laws that arise from other sources.
A written agreement that specifies the rules of conduct to be
Corporate integrity agreement (CIA) followed to remedy the fraud and abuse found, plus any
monitoring and reporting requirements.
The failure of a hospital, entrusted with the task of providing
accommodations necessary to carry out its purpose, to
Corporate Negligence
follow the established standard of conduct with which it
should conform.
The systematic method of assessing the economic
desireability of alternatives based upon evaluating initial and
Cost/benefit analysis
ongoing expenses (costs) against an expected return
(benefits).
A ruling by a court that authorizes disclosure that would
Court Order
otherwise be prohibited by statute and regulation.
The judicial branch of government; that governmental
branch vested with the authority to adjudicate and resolve
Court System
disputes of parties who cannot resolve their disputes
themselves.
Health plans, clearinghouses (e.g., claims data processors),
Covered Entities
and health care providers engaged in HIPAA transactions.

Law that refers to conduct the government has declared

Criminal Law injurious to the public order, with specific punishments
identified for violations.

D-G
Term Definition
Compliance with the requirements and standards of
accrediting organizations may substitute for compliance with
Deeming Authority the federal government's Medicare Conditions of
Participation for Hospitals as published by the Centers for
Medicare and Medicaid Services.
Defamation The wrongful injuring of another person's reputation.
Defendant The person or organization that is sued by the plaintiff.

Information that is stripped of all identifiers such as name,

De-identified health information
all address information, dates including dates of birth,death,
admission,discharge and any data indicating age, telephone
numbers, fax numbers, e-mail addresses, social security
number, medical record number, health plan beneficiary
number, account numbers, certificate/license numbers,
vehicle identifiers, device identifiers, URLs, IP addresses,
Biometric identifiers, facial photographs, any other unique
identifying number, characteristic, or code plus any other
 information that could be used to identify ab individual.
Refers to the devices or tools used by one side to obtain
Discovery
facts about the case from the other side.
The belittling or criticizing of the skills, knowledge, or
Disparagement
qualifications of another professional.
An ethical concept that refers to the fair distribution of
Distributive Justice
burdens and benefits using an independent standard.
A principle that recognizes that ethical choices may result in
untoward outcomes; one may proceed with an ethical
Double-effect principle choice presenting a double effect if the untoward outcome is
not the intended outcome but a secondary outcome, and is
outweighed by the intended positive or neutral outcome.
A written document that allows a competent individual to
name someone else to exercise health-related decisions on
Durable power of attorney for health care
her behalf in the event that she becomes incapacitated or
unable to make decisions; a form of advance directive.
When discovery seeks information stored electronically in
E-discovery any medium, including business records such as the patient
health record.
is a committee dedicated to the rights and well-being of
Ethics Committees reseach subjects, also known as an Institutional Review
Board.
The principles of how human beings relate to one another
Etiquette
under certain circumstances.

The effort to improve the human species through control of

Eugenics hereditary factors in mating; a breeding practice aimed at
producing superior offspring.
The act or practice of causing death painlessly, with the aim
Euthanasia
to end suffering.
Order issued by the chief executive at either the federal or
Executive order state level; used to interpret or implement a provision of a
consitution or law
The doctrine describing a psychotherapists failure to take
Failure to warn steps to protect an innocent third party from a dangerous
patient; sometimes referred to as failure to protect
The unlawful restraint of an individual's personal liberty, or
False imprisonment
unlawful restraining or confining of an individual.
The intentional deception of another to that person's
Fraud
detriment.
Abstract ideas or thoughts dealing with ethics that help to
Ethical concepts
serve as part of the values that undergird decision making
Systematic statements or plans of principles used to deal
Ethical thoeries
with ethical dilemmas

H-L
Term Definition
The characteristics essential to constitute an adequate
Health record content
health record
An enterprise designed to map the genes found in human
Human Genome Project
DNA and determine the sequences of the chemical base
 pairs that make up human DNA.
The knowing transfer or use, without lawful authority, of the
identity of another person with the intent to commit, aid, or
Identity theft
abet any unlawful activity that constitutes a violation of
federal,state, or local law.
The communication of definite knowledge of an event or fact
Informed Consent to the patient so that she may voluntarily agree to or forgo
treatment.
Those civil wrongs committed by persons with the intent to
Intentional Torts
do something wrong.
the dissemination of information about another person's
Invasion of privacy
private and personal matters
admission to a health care facility that occur against a
Involuntary commitments -
patient's will
the authority of a court and its judicial officers to hear and
jurisdiction
decide a case
An ethical concept referring to the obligation to be fair to all
Justice
people.
a body of rules of action or conduct prescribed by a
law
controlling authority that has binding legal force
A document, executed while a patient is competent, that
provides direction as to medical care the patient should
Living will
receive in the event that he/she is incapacitated or unable to
make personal decisions; a form of advance directive.
Professional misconduct that can include both intentional
Malpractice
and non-intentional torts.
The unilateral severing, by the physician, of the physician-
patient relationship without giving the patient reasonable
Medical abandonment
notice at a time when there is a necessity for continuing
care.
Unseen information in common text files, which can indicate
Metadata when a document was created or revised and can contain
edits, notes, or other private data.

M-Q
Term Definition
The principle requiring health care providers to make
reasonable efforts to limit the patient-specific health
Minimum necessary standard information disclosed to the lease amount necessary to
accomplish the intended purpose of the use, disclosure, or
request.
the principles or fundamental standards of "right" conduct
Morals
that an individual internalizes.

The failure to do something (or to refrain from doing

 something) that a reasonable, prudent person would do (or
Negligence
would refrain from doing) in a similar situation.
Those civil wrongs committed by persons who lack the
Non-intentional torts
intent to do something wrong.
Nonmaleficence The ethical concept to prevent evil or harm.
Laws that arise from the actions of municipal bodies such as
Ordinances
boards of alderman or city councils.
The practice in which no heroice measures are taken to
Passive euthanasia preserve life, thereby causing death; also called negative
euthanasia.
Recognition that the patient is entitled to determine for
Patient rights himself/herself the extent to which he/she will receive or
forgo care and treatment.

Protected Health Information; individually identifiable health

information that has been electronically maintained or
PHI
transmitted by a covered entity, as well as such information
when it takes any other form.
Plaintiff The person or organization that initiates a lawsuit.
A legal doctrine stating that certain matters are of such a
Preemption national, as opposed to local, nature that federal laws
preempt, or take precedence over, state or local laws.
A meeting between the parties and the trial judge to discuss
Pretrial Conference
the status and issues of a case.

Refers to the right to be left alone or the right to control

Privacy
personal information.

an individual in charge of developing and implementing an

Privacy Officer
organization's privacy policies and procedures.

implemented in April 14, 2003 in order to establish

Privacy Rule regulations for the use and disclosure of Protected Health
Information

set of rules and principles that defines the rights and duties
Privacy Law
or people and private businesses.

R-Z
Term Definition
The general principles that determine the length of time
Record retention policies medical records must be maintained by the health care
provider.
The prescribed courses of action that arise from law,
Regulations
principle, or custom.
The process of granting health care providers and
Release of information institutions the authority to disclose patient-specific health
information to persons not otherwise authorized by law.
 Those things considered necessary, obligatory, or
Requirements
demanded as a condition.
This is a situation in which the defendant had total control
Res ipsa loquitor over the thing that caused the harm to the patient and the
harm itself could only have occurred through negligence.
Refer to just a claim or entitlement, whether based on law,
Rights
ethics, or morality, that others are obliged to respect
Rules Are guidelines that explains how something should be done.
This person is accountable for the covered entity's security
Security officer
procedures
This is the division of power between the branches of
Separation of powers government and the system of checks and balances that
support that division.
Criteria established as a basis for comparing matters such
as quantity, quality, value or weight. Within a computer
context, the technical specifications or other precise criteria
Standards
to be used consistently as rules, guidelines or other
definitions of characters in order to ensure that materials,
products, processes, or services are fit for the purpose.
Laws created by the legislative branches of the federal and
Statutory law
state government
Command issued by a court or other authority to appear or
Subpoena
present certain documents and other things.
Subcategory of subpoena that commands one to produce
Subpoena duces tecum
books, documents, and other physical things.
A hearing or determination by a court of the issues existing
trial
between the parties to a lawsuit
Refers to the practice of submitting separate bills in a
Unbundling piecemeal or fragmented fashion as a way to maximize
reimbursement for various tests or procedures
Referred to as consequentialism, proposes that everyone,
including persons, organizations, and society in general,
Utilitarianism
should make choices that promote the greatest balance of
good over harm for everyone else.

Concepts that give meaning to an individual's life and

serve as the framework for decision making.
Values

An ethical concept involving habitual thruthfulness and

Veracity
honesty.

Waste
Refers to the squandering of resources or the use of
resources without gain or advantage
Typically current or former employees of a health care
Whistle-blowers provider or organization who have learned of fraud and
abuse and wish to expose the activity

Refers to the decision of the patient, family, or legal

Withdrawing treatment guardian to discontinue activities or remove forms of patient
care
Refers to the decision of the patient, family, or legal
Withholding treatment guardian to refrain from giving permission for treatment or
care.