Healthcare Policy and Law Solved
Exam Questions
Course Introduction
This course provides an in-depth exploration of the complex legal and policy frameworks that shape the healthcare system in the United States. Students will examine major healthcare regulations, legislative processes, and the role of government agencies in health policy formulation and enforcement. Key topics include healthcare access and equity, patient rights, the impact of the Affordable Care Act, healthcare financing, professional liability, and ethical considerations within the healthcare environment. Through case studies and policy analysis, students will develop critical insight into current issues, legal challenges, and the future direction of healthcare policy and law.
Recommended Textbook
Legal and Ethical Aspects of Health Information Management 3rd Edition by Dana C. McWay
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30 Chapters
838 Verified Questions
838 Flashcards
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Chapter 1: Workings of the American Legal System
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Sample Questions
Q1) Which source of law is considered the fundamental law of a nation or state?
A)administrative regulations
B)constitution
C)judicial decisions
D)statutes
Answer: B
Q2) The American Reinvestment and Recovery Act (ARRA) is a:
A)common law intended to establish law by default.
B)fair pay requirement for paralegals' because they conduct research for lawyers.
C)state law that originated in Illinois, from which President Barrack Obama hails.
D)statute that both complements and overrides HIPAA.
Answer: D
Q3) Stare decisis is Latin for:
A)a matter [already] judged.
B)let the master answer.
C)to let the decision stand.
D)utmost good faith.
Answer: C
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3
Chapter 1: Workings of the American Legal System: Part A
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Sample Questions
Q1) The judicial branch of the federal government:
A)determines the need for new laws and changes to existing laws
B)functions to enforce and administer laws
C)functions to interpret the law through the adjudication and resolution of disputes
D)is known as Congress
Answer: C
Q2) CMS certification of accreditation standards (e.g, The Joint Commission) and state regulations (e.g., NYS Department of Health) as a substitute for compliance with Medicare Conditions of Participation is part of the "_____ authority" approval process.
A)deeming
B)essential
C)sapiential
D)structural
Answer: A
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Chapter 2: Court Systems and Legal Procedures
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Sample Questions
Q1) The three main types of jurisdiction involves _____ authority.
A)alternative dispute resolution, arbitration, and mediation
B)dualism, monolism, pluralism
C)global, international, and universal
D)personal, subject matter and territorial
Answer: D
Q2) The admissibility of the health record into evidence is guided by Federal:
A)Bill of Rights
B)CFR 21.
C)Civil Procedure Rules of Evidence.
D)HIPAA statutes and regulations.
Answer: C
Q3) A deposition is a:
A)Formal request for information from another entity.
B)Request for specific documents from a health care facility.
C)Testimony provided under oath outside of the courtroom.
D)Written questions presented to a party to obtain admissions of certain fact(s).
Answer: C
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5
Chapter 2: Court Systems and Legal Procedures: Part A
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Sample Questions
Q1) Spoliation of evidence occurs as a result of _____.
A)claims that had been injured by a defective product, which was discarded or lost
B)negative evidentiary inference that is irrelevant to an ongoing legal proceeding
C)unconsciousness of guilt or lack of motivation to prevent evidence from being used
D)wrongful destruction or alteration of evidence and/or failure to preserve data
Q2) The three main types of jurisdiction involves _____ authority.
A)alternative dispute resolution, arbitration, and mediation
B)dualism, monolism, pluralism
C)global, international, and universal
D)personal, subject matter and territorial
Q3) Which is a formal request to produce a record as part of the discovery process?
A)court order
B)deposition
C)interrogatory
D)subpoena duces tecum
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Chapter 3: Judicial Process of Health Information
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Sample Questions
Q1) A notice of preservation _____.
A)notifies the opposing party of the need to preserve relevant electronic evidence
B)requires the opposing party to preserve electronic evidence and paper-based records
C)serves to facilitate the production of automated and paper-based health records
D)treats paper-based health records as more important than automated health records
Q2) A court order _____.
A)authorizes disclosure that would otherwise be prohibited by statute and regulation
B)establishes trustworthiness for the purpose of providing valid testimony
C)is governed by rules of evidence
D)refers to discoverable data such as electronically stored information (ESI)
Q3) Which legal use of health care information directly impacts patient care?
A)billing for care provided to a patient
B)confirmation of blood alcohol level
C)establishing standards of care
D)evidence in civil actions
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Chapter 3: Judicial Process of Health Information: Part A
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Sample Questions
Q1) The legal right to keep certain information private and confidential and protect it from subpoena, discovery, or admission into evidence is called the _____.
A)foundation requirement
B)privilege doctrine
C)release of information process
D)trustworthiness requirement
Q2) A command issued by a court or other authorized official to appear and/or present certain documents and other things is called a(n) _____.
A)court order
B)litigation hold
C)order of preservation
D)subpoena
Q3) Which was created by statute and used to prevent the forced disclosure of, or testimony about, information obtained by the health care provider during the course of treatment?
A)certification process
B)evidence
C)litigation hold
D)physician-patient privilege
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Page 8
Chapter 4: Principles of Liability
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Sample Questions
Q1) Battery involves the ____ of a person that results in an injury or offense.
A)assault
B)defamation
C)libel or slander
D)physical contact
Q2) Malpractice refers to _____.
A)assault and battery
B)breach of duty
C)negligence
D)professional misconduct
Q3) Vicarious liability applies when the _____.
A)health care facility becomes responsible for a nurse's negligent actions
B)patient suffers an injury for failing to keep surgical follow-up appointments
C)physician with privileges at a facility is named in a malpractice claim
D)vendor provides a defective implantable device that was used for surgery
Q4) Damages awarded to make the plaintiff whole are referred to as _____.
A)actual
B)exemplary
C)nominal
D)punitive
Page 9
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Chapter 4: Principles of Liability: Part A
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Sample Questions
Q1) A physician-patient relationship:
A)applies only to physicians.
B)begins with a patient requesting treatment.
C)commences when the physician undergoes credentialing.
D)starts when the patient becomes ill or injured.
Q2) When a patient is voluntarily admitted to a hospital:
A)a relationship is established between the patient and the hospital.
B)and the patient signs admission forms, an implied contract is created.
C)EMTALA applies to hospitals and physicians who participate in Medicaid.
D)the hospital is required to treat the patient, regardless of diagnosis.
Q3) Contributory negligence is:
A)an admission of mistakes that caused injury to the plaintiff (patient).
B)conduct on the part of the plaintiff that contributed to his or her injury.
C)in place to protect physicians from civil liability during emergency care.
D)the plaintiff's voluntary exposure to known danger.
Q4) Assault is an intentional tort that is defined as a(n):
A)nonintentional tort as well as a nonintentional tort.
B)physical contact involving injury or offense.
C)physician exceeding consent given by the patient.
D)threat that does not involve physical contact.
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Chapter 5: Ethical Standards
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Sample Questions
Q1) The double-effect principle refers to _____.
A)faithfulness, loyalty, and devotion to one's duties in an incompetent person
B)obligations to be fair to all people and includes fairness, honesty, impartiality
C)mentally challenged individuals or those who were once competent
D)recognizing that ethical choices may result in adverse outcomes
Q2) Values are based based upon _____.
A)Legislation
B)Personal choices
C)Philosophy
D)Society
Q3) Which is sometimes considered as an issue related to the financial controls imposed by prospective payment systems and health maintenance organizations?
A)best-interest standard
B)categorical imperative
C)distributive justice
D)nonmaleficence
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11
Chapter 5: Ethical Standards: Part A
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Sample Questions
Q1) The right to be left alone and to control personal information is called _____.
A)breach
B)confidentiality
C)HIPAA
D)privacy
Q2) Nonmalficence is defined as _____.
A)including the qualities of kindness, mercy, and charity
B)needing someone to decide for an individual who cannot decide for himself
C)recognizing that ethical choices may result in adverse outcomes
D)the prohibition against doing harm and an obligation to maximize the good
Q3) Consequentialism is also known as _____.
A)deontology
B)justice
C)privacy
D)utilitarianism
Q4) The obligation to maintain patient privacy is called _____.
A)confidentiality
B)consequentialism
C)privacy
D)principle of double-effect
Page 12
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Chapter 6: Ethical Decisions and Challenges
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Sample Questions
Q1) Which provides the most accurate sequence in the ethical decision-making process?
A)Determine available options, determine the facts, evaluate the outcome of the decision
B)Determine the facts of the situation, decide what should be done, define the issue
C)Define the issue, determine available options, implement the decision
D)Determine stakeholders, determine facts of the situation, define the issue
Q2) Which requires healthcare providers to inform patients about the law and their right to make advance decisions concerning health care?
A)AHA
B)ARRA
C)HIPAA
D)PSDA
Q3) Which is an ethical challenges related to coding?
A)Assigning multiple codes to increase DRG payments.
B)Bundling codes and charges where appropriate
C)Coding at lower levels in accordance with guidelines.
D)Focusing on accuracy to improve reimbursement.
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13
Chapter 6: Ethical Decisions and Challenges: Part A
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Sample Questions
Q1) Which is an internal ethical challenge for the health information department of a health care facilities?
A)Discharging patients too soon
B)Information privacy and security
C)Life-support issues
D)Substance abuse
Q2) When monitoring of employee conduct is performed as a role of ethics in supervision, the supervisor is _____.
A)accepting responsibility for mistakes made by employees and setting a good example for others to follow
B)establishing a system of checks and balances to determine nonconformity with standards of performance
C)regularly communicating policies and procedures, which include ethical guidelines, to the employees.
D)using rewards for ethical behavior demonstrated by employees and punishment for unethical behavior.
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14
Chapter 7: Bioethical Issues
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Sample Questions
Q1) Euthanasia is the act or practice of causing death painlessly, with the aim to end suffering.Which act is associated with passive euthanasia?
A)DNR order
B)Initiating the dying process
C)Withdrawing treatment
D)Withholding treatment
Q2) In 2008, the U.S.Congress passed _____ legislation that protects the confidentiality of genetic information?
A)ARRA
B)EMTALA
C)GINA
D)PSDA
Q3) The effort to improve the human species through control of hereditary factors is called _____.
A)Eugenics
B)Euthanasia
C)Genetics
D)Surrogacy
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Chapter 7: Bioethical Issues: Part A
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Sample Questions
Q1) The Human Genome Project _____.
A)addresses the concern over confidentiality of genetic information
B)genetically alters organisms treat or prevent disease and conditions
C)maps the genes in human DNA, which consists of 46 human chromosomes
D)notifies employers of the genetic predisposition of a potential employee
Q2) A provider's duty to treat could be an issue with _____.
A)allografts
B)HIV/AIDS
C)organ transplantation
D)xenografts
Q3) Two forms of eugenics include breeding and _____.
A)genetic testing
B)prenatal testing
C)prenatal surgery
D)sterilization
Q4) What refers to the termination of a pregnancy before the viability of the fetus?
A)abortion
B)eugenics
C)genetic screening
D)perinatal testing
Page 16
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Chapter 8: Patient Record Requirements
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Sample Questions
Q1) Which is a major concern regarding the destruction of records?
A)Information that identifies patients must be maintained as confidential
B)Prohibitive costs impact the quality of care provided to patients
C)Regulatory agencies might not have been informed about the destruction
D)Third parties must never be used for destruction of sensitive information
Q2) The health record is defined as the _____ record generated at or by the health care provider or organization, which documents treatments and services delivered during the patient's episode of care by the provider or organization.
A)Business
B)Legal
C)Medical
D)Valid
Q3) Authorship of a health record entry may be complicated by _____.
A)Allowing the user to copy and paste, possibly into the wrong record
B)Authenticating the identification of the person making the entry
C)Taking care not to repeat entries that are no longer acceptable
D)The patient's right to alter or delete unsatisfactory entries
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Chapter 8: Patient Record Requirements: Part A
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Sample Questions
Q1) Which is an example of personal information associated with the health record?
A)Alcohol, tobacco, and work history
B)Demographic data, such as address
C)Test results and operative reports
D)Third-party payer information
Q2) Which is an institutional source that governs the content requirements for health records?
A)American Osteopathic Association standards
B)Medical staff bylaws, rules and regulations
C)Medicare Conditions of Participation
D)State codes, rules and regulations
Q3) Which permits patients to request that an amendment be made to their own health record?
A)ARRA
B)CMS CoP
C)EMTALA
D)HIPAA
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18
Chapter 9: Confidentiality and Informed Consent
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Sample Questions
Q1) The Freedom of Information Act applies to _____,
A)Governmental record-keeping only
B)HIPAA-legislated P.H.I.
C)Private sector records
D)State and federal records
Q2) The elements of informed consent include _____.
A)Consent must be received from a competent adult for it to be valid
B)Explanations must be outlined in appropriate medical terms to be complete
C)Just benefits of intended treatment are necessary so as not to frighten the patient
D)Numerous clauses that relieve the provider of any liability for battery
Q3) Informed consent is a _____.
A)Document attesting to the patient's agreement to treatment permitted or provided
B)Legal theory of permission that was denied prior to a physician performing treatment
C)Process of discussion that occurs between the patient and the patient representative
D)Result of the patient having verbally stated that she is willing to undergo treatment
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Chapter 9: Confidentiality and Informed Consent: Part A
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Q1) Confidentiality and privacy are sometimes used interchangeably, and they have _____ meanings.
A)common law
B)identical
C)separate
D)similar
Q2) Which is permitted to sign a document that grants informed consent to treatment?
A)competent patient
B)legally incompetent adult
C)minor under the age of majority
D)minor who is not pregnant
Q3) Which provides instruction about the medical care to be administered or removed in the event of the patient's incapacitation?
A)living will
B)notice of privacy practice
C)power of attorney
D)redisclosure statement
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Page 20
Chapter 10: Access to Health Information
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Sample Questions
Q1) The Declaration of Helsinki applies to _____.
A)Freedom of patient access to medical records relative to research
B)Guidelines followed when conducting research involving human subjects
C)Protection of human and non-human subjects involved in medical research
D)Legal consequences of ethical violations occurring during research
Q2) The Federal Privacy Act _____.
A)Allows a patient greater access to records than is provided for by HIPAA
B)Allows a patient less access to records than is provided for by HIPAA
C)Applies to all facilities that receive Medicare and Medicare reimbursement only
D)Applies to facilities operated by state governments, but not federal governments
Q3) A healthcare provider's obligation regarding a business associate's compliance with the HIPAA Privacy Rule includes _____.
A)An obligation to monitor the business associate's compliance with HIPAA
B)Maintaining documentation of compliance with the HIPAA privacy rule
C)Provider responsibility when the business associate complies with the rule
D)Treatment, payment, and other operations (TPO) mandates and requirements
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21
Chapter 10: Access to Health Information: Part A
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Sample Questions
Q1) American Recovery and Reinvestment Act of 2009 (ARRA) provisions include the notification of individuals when a breach of confidential occurs.When a state law has a similar provision, _____.
A)ARRA always preempts this provision in state laws
B)ARRA preempts state laws when ARRA is more stringent
C)state laws never preempt this provision of ARRA
D)state laws always preempt this ARRA provision
Q2) Which is a repository of personal health records (PHRs) maintained in an electronic format and operated by governmental or commercial entities, which serve as trusted custodians of the data?
A)electronic health record
B)health record bank
C)national health information network
D)personal health information
Q3) Which invalidates an authorization to release healthcare information?
A)covered entity cancellation
B)data elements are completed
C)expired revocation date
D)material information is true
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22
Chapter 11: Specialized Patient Records
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Sample Questions
Q1) HIV testing can be mandated by which of the following?
A)Court order
B)Hospital legal counsel
C)Subpoena duces tecum
D)Third-party payers
Q2) Which statement about the substance abuse treatment is true?
A)Depending on their age, minors are permitted to sign a consent to treatment.
B)In certain circumstances, parental consent is required to authorize treatment.
C)Minors are not permitted to authorize the release of substance abuse information.
D)Substance abuse facilities allow either the minor or parent to authorize treatment.
Q3) Specialized patient records are especially characterized as _____.
A)Being voluminous, creating storage issues
B)Containing entries from different specialties
C)Including medication administration records
D)Requiring specialized health information staff
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Chapter 11: Specialized Patient Records: Part A
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Q1) If a drug or alcohol abuse patient is being treated for trauma that is not related to the abuse, the patient is not typically located in the _____ area of the health care facility.
A)drug or alcohol treatment
B)emergency department
C)intensive care unit
D)nursing station
Q2) Facilities that house specialized patient records generally require _____ confidentiality requirements as compared with acute care settings.
A)equal
B)less
C)stricter
D)the same
Q3) The individuals authorized to document entries in specialized patient records include _____.
A)health information technicians
B)licensed health care professionals
C)medical assistants
D)unit clerks
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Page 24
Chapter 12: Risk Management, Quality Management, and Utilization Management
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Q1) The Joint Commission's role in sentinel events includes _____.
A)Performing onsite reviews as the result of all sentinel events
B)Possibility of placing the organization on accreditation watch status
C)Requiring sentinel events to be reported within 45 days of an event
D)Withdrawing accreditation for reporting of sentinel events
Q2) Which data mining technique associated with the electronic health record enhances security and reduces patient risk?
A)Education of employees and providers about searches
B)Identification of inconsistent patient record entries
C)Prevention of unauthorized access of sensitive information
D)Use of tracking software to locate breaches of confidentiality
Q3) Peer Review Organizations (PROs) _____.
A)determine the amount of reimbursement for facilities
B)enact policies relative to risk management processes
C)monitor the appropriateness and quality of outcomes
D)take disciplinary actions against providers for malpractice
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Chapter 12:
Risk Management, Quality Management, and Utilization Management: Part A
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Q1) Which is an issue associated with HIPAA security?
A)Record destruction is not permitted during the ordinary course of business.
B)Requests for access to the patient record must be processed within one day.
C)The retention of records must be according to federal or state statutes and regulations.
D)The record must be unavailable to health care professionals treating the patient.
Q2) Information about disciplinary actions is reported to the _____ by hospitals, medical societies, licensing boards, prepaid medical practices, and other health care entities.
A)Healthcare Integrity and Protection Data Bank
B)Medical Information Bureau
C)National Practitioner Data Bank
D)Quality Improvement Organizations
Q3) Which is an important area of quality control that uses both patient records and non-patient records?
A)quality management
B)risk management
C)security management
D)utilization management
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Chapter 13: Information Systems
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Q1) Permissions granted in an electronic health record system involve _____.
A)Authenticating individual entries made in the EHR
B)Ensuring that people are who they say that they are
C)Levels of access granted to an operating system
D)Preventing malicious attempts to destroy health data
Q2) Under HIPAA, administrative safeguards _____.
A)Assist entities protect information from physical intrusions
B)Define the framework of an excellent security program
C)Help develop security measures, which protect PHI
D)Include optional risk assessments that can be implemented
Q3) Which is considered a human resources security issue that impacts health care records?
A)Backing up healthcare data
B)Documenting care provided
C)Court-ordered release of records
D)Hiring appropriate personnel
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Chapter 13: Information Systems: Part A
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Q1) Providers are authorized to operate and practice medicine _____.
A)accreditation organizations
B)county health departments
C)professional associations
D)state licensing agencies
Q2) Which legislation applies to the use of electronic signatures in e-commerce, nationally and globally.
A)ARRA
B)E-SIGN
C)HIPAA
D)TEFRA
Q3) An electronic signature (or computer-generated signature code) is used to _____ entries in an electronic health record (EHR).
A)authenticate
B)invalidate
C)nullify
D)rescind
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Chapter 14: Health-Care Fraud and Abuse
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Q1) When employees have password access to medical records, _____.
A)Employee have a responsibility to allow the truth to be shared with the public
B)It is acceptable to review a celebrity's chart because of their implied consent
C)Released information is limited to that which has been authorized by the patient
D)The employer has implied that employees have control over release of records
Q2) Kickback violations occur when a(n) _____.
A)Physician refers patients to a facility in which he holds a financial interest
B)Provider receives compensation for patient referrals to a specific facility
C)Third-party payers reimburse facilities and physicians for overbilled services
D)Surgical procedure is coded at a higher level to increase financial compensation
Q3) An ethics-based compliance program conforms to applicable laws through _____ because it is the right thing to do or because a cost-benefit analysis reveals it would be a sound business practice.
A)Efforts to avoid punishment if found guilty of violating standards
B)Law enforcement and prosecution of those suspected of wrongdoing
C)Mandatorily imposed accreditation standards and policies/procedures
D)Voluntary compliance with local, state and federal laws and regulations
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Chapter 14: Health-Care Fraud and Abuse: Part A
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Q1) Which allows private plaintiffs to sue on behalf of the U.S government and, as a result, receive a portion of the recovered funds if the case is successful?
A)qui tam actions
B)res gestae
C)respondeat superior
D)subpoena duces tecum
Q2) Match the description with the appropriate Federal legislation. Provided added strength to combat fraud and abuse in the Medicaid program and changed some compliance programs from voluntary to mandatory.
A)American Recovery and Reinvestment Act
B)Deficit Reduction Act
C)False Claims Act
D)Health Insurance Portability and Accountability Act
E)Stark I and Stark II
Q3) Which is the penalty for felony violation of mail and wire fraud statutes?
A)$1,000 fine and/or 5-year prison term
B)$5,000 fine and/or 1-year prison term
C)$10,000 fine and/or 5-year prison term
D)$50,000 fine and/or 10-year prison term
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Page 30
Chapter 15: Law and Ethics in the Workplace
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Q1) Once a president has signed an executive order, it goes into effect as law when it has been _____.
A)Adopted by the individual states
B)Marked up by conference committee
C)Published in the Federal Register
D)Ratified by Congress
Q2) A 55 year-old male who has been laid off from work at a faculty has applied for a position with a healthcare facility.Which is a consideration that should be made in the decision to hire him or not to hire him?
A)Are healthcare insurance costs going to be higher due to his age?
B)Can he physically perform the job for which he is being considered?
C)Is his gender going to require that he be remunerated more than others?
D)What is the minimum retirement age for this and other candidates?
Q3) A business or organization has the least control over the work product prepared by
A)Independent contractors
B)Leased employees
C)Permanent employees
D)Temporary employees
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27 Verified Questions
27 Flashcards
Source URL: https://quizplus.com/quiz/46510
Sample Questions
Q1) Match the appropriate term with its characteristic or definition. Process of providing work, engaging services or labor, and paying for work performed.
A)Employment
B)Employers
C)Employees
Q2) Match the Federal legislation with its definition. Prohibits the misuse of genetic information in the workplace and insurance industry.
A)Consumer Credit Protection Act
B)Employee Retirement Income Security Act
C)Federal Labor Standards Act
D)Genetic Information Nondiscrimination Act
E)Occupational Safety and Health Act
Q3) Match the appropriate term with its characteristic or definition. Persons, business or organizations that provide work, engage services or labor, and pay for work performed.
A)Employment
B)Employers
C)Employees
To view all questions and flashcards with answers, click on the resource link above.