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What is a Contract? A voluntary agreement between two or more parties 3 Parts of the Contract “Can I get an appointment with this doctor?” ► Offer – competent individual enters into a relationship with health care providers and offers to be a patient 1. 3 Parts of the Contract ►2. Acceptance – health care provider gives an appointment or examines or treats a patient 3 Parts of the Contract ►Consideration payment made by the patient for services provided – 2 Types of Contracts ► 1. Implied – gives rise to contractual obligations by some action or inaction without verbally expressed terms 2 Types of Contracts Expressed – actual agreement between the parties, the terms are stated in distinct and explicit language, either orally or in writing ► 2. VERY IMPORTANT FACT! ►All parties in a contract must be free of Legal Disabilities. A person with legal disabilities DOES NOT have the legal capacity to form a contract! Types of Legal Disabilities ►1. Minors – anyone under age 18 or the age of the majority, is called an “infant” under the law. Types of Legal Disabilities ►2. Mentally incompetent persons Types of Legal Disabilities ► 3. Individuals under the influence of drugs that alter the mental state (Included prescription drugs and alcohol) Types of Legal Disabilities ►4. Semiconscious or unconscious people Law of the Agency - is a personal relationship created by the mutual consent of: ► The Agent (employee) and ► The Principal (employer) ► Agency Law of the Agency ► The employee acts on behalf of the principal while supervised by the principal. ► The principal is responsible for the actions of the agent and can be required to compensate or pay people who have been injured by the agent. Law of the Agency ► Health care workers must be aware of the role as agents and work to protect the interests of the employer ► Agency may be expressed or implied, but is usually implied in health care. Privileged Communication ► ► ► All information given to health personal by a patient is privileged communicaiton Info cannot be told to anyone without written consent of the patient. By law – must be kept confidential Written Consent ► Should state: ► 1. What information can be released ► 2. Who can get the information ► 3. Any time limits related to the release of information Medical Information Exempt by Law ► The following information is “exempt” for privileged communication. ► This means you must report it by law or you will be fined or sent to jail Exempt Information ► 1. Births and Deaths ► 2.Injuries caused by violence (abuse, etc.) ► 3. Drug Abuse ► 4. Communicable Diseases ► 5. Sexually transmitted diseases The End