CDP Legal & Regulatory Frameworks Flashcards

Which federal law establishes residents' rights in US nursing facilities, including the right to refuse treatment?

Answer: Nursing Home Reform Act (OBRA 1987)

OBRA 1987 codified nursing facility residents' rights, including the right to participate in care decisions and refuse treatment.

What legal document allows a person with dementia's previously designated agent to make healthcare decisions when they lose capacity?

Answer: Durable Power of Attorney for Healthcare

A Durable Power of Attorney for Healthcare (DPAHC) authorizes a named agent to make medical decisions when the principal loses decision-making capacity.

Under HIPAA, which individuals may access a cognitively impaired patient's health information without their direct consent?

Answer: Their legally designated healthcare proxy or personal representative

HIPAA permits disclosure to a legally designated personal representative who has authority under state law to make healthcare decisions.

What is the purpose of a POLST (Physician Orders for Life-Sustaining Treatment) form?

Answer: To translate advance care preferences into actionable medical orders

POLST converts a person's treatment wishes into portable medical orders that are immediately actionable across care settings.

Which standard is used to make medical decisions for a person with dementia who has lost capacity but previously expressed clear wishes?

Answer: Substituted judgment standard

Substituted judgment asks what the person would have chosen based on known values and prior statements, preserving autonomy.

Mandatory reporting laws in the US require dementia care staff to report suspected abuse to:

Answer: Adult Protective Services or the state long-term care ombudsman

State mandatory reporting laws require suspected elder abuse or neglect in care settings to be reported to APS or the ombudsman program.