Legal Aspects of Health Information
Question Bank
Course Introduction
This course examines the legal principles and regulations governing the management, use, and disclosure of health information. Students will explore topics such as patient privacy, confidentiality, informed consent, health data security, compliance with federal and state regulations (including HIPAA), and the legal responsibilities of healthcare providers and organizations. Through case studies and analysis of current issues, the course prepares students to navigate the complex legal landscape affecting electronic health records, data sharing, and the ethical considerations in health information management.
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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Page 2
Chapter 1: Workings of the American Legal System
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Sample Questions
Q1) Laws passed at the local level are called:
A)felonies
B)misdemeanors
C)ordinances
D)regulations
Answer: C
Q2) Consideration is an element of contract law that refers to _____.
A)business etiquette
B)exchange from one party in return for performing contractual obligations
C)one party's agreement to a promise
D)an entity's decision to enter into a contract
Answer: B
Q3) The plaintiff is always the state or federal government in _____ law.
A)contract
B)civil
C)criminal
D)private
Answer: C
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Chapter 1: Workings of the American Legal System: Part A
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Sample Questions
Q1) Zoning, building, or public safety ordinances are examples of laws passed at:
A)a local level
B)an executive level
C)congressional hearings
D)the state legislature
Answer: A
Q2) The phrase conflict of laws originated from situations where:
A)a competent authority, such as a legislature, establishes legal rules.
B)differing jurisdictions were inconsistent about the same legal issue.
C)excessive fines and excessive bail were imposed by judges.
D)judgements passed by some judges became another significant source of law.
Answer: B
Q3) 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
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4
Chapter 2: Court Systems and Legal Procedures
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Sample Questions
Q1) The person who initiates a lawsuit is the _____.
A)Attorney
B)Defendant
C)Plaintiff
D)Surrogate
Answer: C
Q2) Which is associated with satisfying the judgment?
A)Alternative dispute resolution
B)Authority by which courts decide a case
C)Diversity jurisdiction
D)When the winning party is paid
Answer: D
Q3) 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
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Chapter 2: Court Systems and Legal Procedures: Part A
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Sample Questions
Q1) The written document that describes the grounds of jurisdiction, plaintiff's claim, and demand for relief is called the _____.
A)appeal
B)complaint
C)decision
D)interrogatory
Q2) The person being sued is called the _____.
A)court clerk
B)defendant
C)judge
D)plaintiff
Q3) What term refers to the actions of a party who processes data to make efforts to prevent routine destructions and preserve electronically stored data?
A)court order
B)litigation hold
C)restraining order
D)subpoena duces tecum
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Chapter 3: Judicial Process of Health Information
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Sample Questions
Q1) 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
Q2) 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
Q3) Who owns the health care record?
A)Governments
B)Owner of storage medium
C)Patients
D)Third-party payers
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Chapter 3: Judicial Process of Health Information: Part A
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Sample Questions
Q1) A subpoena ad testificandum _____.
A)authorizes disclosure of information otherwise prohibited by law
B)commands the appearance of a witness to provide testimony
C)is issued by a court to appear and present certain documents
D)seeks information stored electronically in any medium
Q2) When information concerning HIV/AIDS, mental health, and substance abuse is released to a third party, a _____ prohibits sharing the information with yet another third party unless the patient signs an authorization to release the information.
A)motion to quash
B)prevention of spoliation
C)redisclosure statement
D)subpoena duces tecum
Q3) Authorization forms signed by the patient for the release of _____ information must specifically authorize the release of this category of information.
A)HIV and AIDS
B)mental health
C)substance abuse
D)all of these
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Chapter 4: Principles of Liability
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Sample Questions
Q1) Respondeat superior is associated with _____.
A)comparative negligence
B)corporate liability
C)professional negligence
D)vicarious liability
Q2) Res ipsa loquitur is translated as _____.
A)let the patient beware
B)let the physician decide
C)the patient is always right
D)the thing speaks for itself
Q3) Under the theory of failure to warn the psychotherapist _____.
A)can warn an intended victim if the patient expresses the intent to do harm
B)has an ethical obligation only, not a legal one, which means a warning is optional
C)may not reveal a patient's intentions to harm a third party due to confidentiality issues
D)should alert the authorities only to the possibility that the patient may harm another
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9
Chapter 4: Principles of Liability: Part A
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Sample Questions
Q1) EMTALA legislation applies to:
A)any hospital-patient relationship that is established by the hospital or the patient.
B)emergency cases that require patient stabilization prior to discharge or transfer.
C)patients who request treatment, and physicians who agree to treat patients.
D)physicians who are undergoing the initial hospital credentialing process.
Q2) 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.
Q3) Which is an obligation to behave in a certain way, such as the expectation by the medical profession that physicians will act or practice medicine in a reasonably prudent manner?
A)Duty to care
B)EMTALA
C)Expressed contract
D)Vicarious liability
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Chapter 5: Ethical Standards
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Sample Questions
Q1) Which of the following is an example of applying the best interest standard to inpaired persons?
A)Advanced directive signed by the patient
B)Family members who provide guidance
C)Implied consent communicated by the patient
D)Informed consent that is signed by the patient
Q2) 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
Q3) Justice refers to the obligation to be fair to all people. Comparative justice refers to:
A)Balancing the competing interests of individuals and groups against one another
B)Determining how HMOs should be reimbursed
C)Creating a staffing formula or acuity scale to determine the nurse-patient ratio
D)Selecting how Medicaid benefits should be provided
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11
Chapter 5: Ethical Standards: Part A
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Sample Questions
Q1) How human beings relate under certain circumstances is called _____.
A)autonomy
B)ethics
C)etiquette
D)morals
Q2) The just claim or entitlement that may be based on law, ethics or morality that others are obliged to respect is associated with a(n) _____.
A)consequentialism
B)justice
C)right
D)utilitarianism
Q3) Which describes a persons's independence, self-determination, or freedom?
A)autonomy
B)etiquette
C)morals
D)values
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Chapter 6: Ethical Decisions and Challenges
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Sample Questions
Q1) A written list of a profession's values and standards of conduct would best be described as the _____.
A)Bylaws
B)Code of ethics
C)Rules and regulations
D)Statutes
Q2) 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
Q3) Which is an ethical healthcare model wherein the healthcare professional acted in the role a "father to his children?"
A)Fraternalism
B)Paternalism
C)Res ipsa loquitur
D)Respondeat superior
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Page 13
Chapter 6: Ethical Decisions and Challenges: Part A
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Sample Questions
Q1) 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
Q2) Paternalism is a concept that _____.
A)belittles and devalues another healthcare professional
B)describes a situation in which there are no clear-cut answers
C)guides and encourages staff members to engage in ethical behavior.
D)results in a patient being subordinate to a fatherly physician
Q3) When peoples serve as a role models, they set a good example for others to follow and accept responsibility for mistakes; the behavior is considered _____ because the manager does not have to interact with staff to be a role model.
A)actual
B)disparaging
C)passive
D)statutory
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14
Chapter 7: Bioethical Issues
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Sample Questions
Q1) An advanced directive is best described as a document that _____.
A)Advises heirs as to a patient's desires regarding making endowments to hospitals
B)Describes treatment a patient wishes to have or not have in case of incapacitation
C)Orders the disbursement of an estate after death, similar to a power of attorney
D)Results in a requirement that the patient's last will and testament be probated
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) GINA stands for:
A)Genetics in Native Americans
B)Genetic Information Nondiscrimination Act
C)Government in Nursing Association
D)Government Information Nondisclosure Agreement
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Chapter 7: Bioethical Issues: Part A
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Sample Questions
Q1) Two forms of eugenics include breeding and _____.
A)genetic testing
B)prenatal testing
C)prenatal surgery
D)sterilization
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) Which is a document executed by the patient before health care is anticipated and which provides direction as to the type of medical treatment the patient does and does not want if s/he cannot make the decisions?
A)enduring power of attorney
B)equal dignity rule
C)living will
D)power of attorney
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Chapter 8: Patient Record Requirements
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Sample Questions
Q1) The destruction of records _____.
A)Can be done when requests for the production of documents legally endangers an organization
B)Is performed at the discretion of the health information manager due to storage concerns
C)May be performed in the regular course of business following a specified retention period
D)Should never be performed so that the integrity of patient care is consistently maintained
Q2) The phrase deeming authority means to substitute compliance with _____.
A)Accreditation standards for compliance with CMS regulations
B)CMS regulations for compliance with state standards
C)Federal or state statutes (laws) with accreditation standards
D)Quality review organization requirements with federal regulations
Q3) The release of health records from drug and alcohol abuse programs is governed by _____ regulations.
A)County
B)Federal
C)Municipal
D)State
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Chapter 8: Patient Record Requirements: Part A
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Sample Questions
Q1) Which is a regulatory 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
Q2) Which is an example of medical 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
Q3) Which is an accreditation 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
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18
Chapter 9: Confidentiality and Informed Consent
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Sample Questions
Q1) Good Samaritan laws provide legal protection for _____ treatment.
A)elective
B)healthcare
C)negligent
D)unauthorized
Q2) The Privacy Act of 1974 _____.
A)Does not apply to government records
B)Focuses on private sector records
C)Mandates disclosure of information
D)Presumes that information be kept confidential
Q3) To determine if the information provided was sufficient to obtain informed consent, the element of _____ is required.
A)Costs associated with the procedure
B)Description of possible complications
C)Possible alternative payment plans
D)Treatment, payment, operations
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Chapter 9: Confidentiality and Informed Consent: Part A
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Sample Questions
Q1) Which is a requirement of the HIPAA privacy rule?
A)breach of contract
B)disclosure mandate
C)notice of privacy practice
D)redisclosure statement
Q2) Which recognizes the patient's right to bring a lawsuit for damages or relief against someone who obtains, releases, or uses protected health information (PHI) inappropriately?
A)AMA ethical guidelines
B)common law basis
C)Freedom of Information Act
D)informed consent
Q3) The confidentiality of HIV and AIDS information about patients is usually _____.
A)disclosed to a patient's sexual partners
B)not applicable upon the patient's death
C)protected by state statutes
D)released according to HIPAA laws
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Chapter 10: Access to Health Information
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Sample Questions
Q1) A parent will not be granted access to the health care record of his or her child who has not yet reached the age of majority when the minor child _____.
A)Can lawfully obtain health care without parental consent
B)Is pursuing her GED online and living with her parents
C)Seeks treatment for an injury sustained in an auto accident
D)Violates terms of her court-assigned probation and runs away
Q2) An authorization for use or disclosure of patient-specific health information that has been combined with any other document is called a(n) _____ authorization.
A)Admissibility
B)Beneficence
C)Certiorari
D)Compound
Q3) An emancipated minor is one who is _____.
A)Actively serving in the US armed forces
B)Engaged to be married
C)Not living with his or her parents
D)Quitting high school
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Chapter 10: Access to Health Information: Part A
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Sample Questions
Q1) ARRA confines the release of personal health information to a(n) _____ data set or to the minimum necessary to accomplish the purpose of use, disclosure, or request.
A)broad
B)extensive
C)limited
D)varied
Q2) ARRA, HIPAA, Privacy Act of 1974, and applicable state legislation facilitate patient access to personal health information for the purpose of obtaining a copy of all or part of their medical record and to correct or amend the record.Which of the circumstances would likely result in the patient being denied access to their personal health information (PHI)?
A)Behavioral health patients whose PHI might be detrimental to the patient
B)Child custody judge restricts the patient's access to his children's PHI
C)Patient who underwent sterilization procedure following delivery of a live infant
D)Treating physician was found by the courts to have abandoned the patient
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Chapter 11: Specialized Patient Records
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Sample Questions
Q1) A notice regarding redisclosure of information of substance abuse treatment records
A)applies only to litigation
B)is needed for minor patients only
C)must accompany any disclosure
D)varies among states
Q2) Which is required of psychiatric facilities that receive Medicare funds?
A)Adherence to conditions of participation for documentation
B)Compliance with state mental health codes and regulations
C)Provision for signed disclosure with each billing submission
D)Requirement that patients are informed about record audits
Q3) Release of information may be made without patient consent in the event that
A)An emergency situation exists, requiring patient records
B)HIV-infected patients present a community health risk
C)Minor patients who undergo medical care sign a waiver
D)Treating facilities establish a policy prohibiting patient consent
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Chapter 11: Specialized Patient Records: Part A
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Sample Questions
Q1) Breaches of drug and alcohol patient confidentiality are reported to the:
A)Centers for Medicare and Medicaid Services (CMS).
B)Food and Drug Administration (FDA) if a narcotic is involved.
C)State department of health in which the breaches occurred.
D)US attorney for the district in which the infraction occurred.
Q2) Federal laws that address the release of drug and alcohol abuse records apply to:
A)all programs and facilities in the United States.
B)just those programs that receive Medicaid funding.
C)only the programs that receive Medicare funding.
D)programs that receive federal assistance.
Q3) Which release of information method requires compliance with HIPAA regulations?
A)court orders
B)medical emergencies
C)research activities
D)written patient authorization
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Chapter 12: Risk Management, Quality Management, and Utilization Management
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Q1) Peer review committees serve to _____ as part of the quality management process?
A)Conduct audits of patient information to compare against established guidelines
B)Evaluate, maintain, and monitor risk management functions of health care services
C)Manage the organization's employees and providers credentialing process
D)Prescribe disciplinary action against employees who violate policies and procedures
Q2) How does risk management differ from quality management?
A)Quality management lessens effects of unavoidable risks.
B)Quality management processes are outcome oriented.
C)Risk management's primary focus is on improving clinical care.
D)Risk management identifies areas of operational and financial loss.
Q3) Automated databases in the context of risk management _____.
A)Decrease reliability of statistical analysis by making information less searchable
B)May be used to compile information in an effort to increase prevention of loss
C)Operate in the confines of health information management functions alone
D)Reduce risk of loss due to the large amount of stored sensitive information
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Chapter
12: Risk Management, Quality Management, and Utilization Management: Part A
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Q1) The development, implementation, and enforcement of facility-wide patient confidentiality policies are significant in _____.
A)decreasing risk of breach of confidentiality
B)managing adverse risk management incidents
C)retaining health records according to statutes
D)the opportunity for providing nontechnical sources
Q2) Which is the term for an unexpected occurrence involving death or serious physical or psychological injury?
A)data mining
B)patient outcomes
C)root-cause analysis
D)sentinel event
Q3) Which is the general term for any event or circumstance not consistent with the normal routine operations of the hospital, its staff, or the routine care of a patient?
A)accident
B)error
C)incident
D)situation
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Chapter 13: Information Systems
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Q1) Under HIPAA's security rules, addressable specifications _____.
A)Are mandatory and must be implemented in health care facilities and covered entities
B)Do not bind the entity to implementation but require documentation of alternatives
C)Permit the health care facilities and the covered entities to ignore unreasonable rules
D)Impact only the hybrid medical records that are maintained by covered entities
Q2) In meeting the accuracy requirement, the health information manager must _____.
A)Be familiar with the hardware and software used in the system
B)Determine which providers made entries in the patient record
C)Know whether entries made were telephone orders or not
D)State which data entry procedures made in the record are routine
Q3) The patient's legal electronic health record is _____
A)Clearly defined by federal statues and written regulations
B)Defined by each institution with input from its legal counsel
C)Healthcare documentation imported from an R.H.I.O.
D)Information captured from one health care setting to another
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Chapter 13: Information Systems: Part A
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Q1) When the electronic health record (EHR) is admitted into evidence during a medical malpractice lawsuit means the health record will _____.
A)be used by plaintiff's attorney only in court
B)facilitate credentialing of medical staff physicians
C)improve computerized processes using the EHR
D)serve as proof of the quality of patient care
Q2) A facility employee who has gained unauthorized access to information in the electronic health record (EHR) about a celebrity's health information is usually _____.
A)counseled about privacy issues
B)fined for gaining illegal access
C)immediately terminated
D)suspended without pay
Q3) Providers are authorized to operate and practice medicine _____.
A)accreditation organizations
B)county health departments
C)professional associations
D)state licensing agencies
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28
Chapter 14: Health-Care Fraud and Abuse
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Q1) According to the AMA, it is ethical for a physician to hold a financial interest in a health care facility when the physician's _____.
A)Arrangement with payers results in payment to patients
B)Facility is the only one available in the immediate region
C)Financial interest is disclosed to those referred for services
D)Patients are insured so payment for services is guaranteed
Q2) A Stark violation occurs when _____.
A)Billers submit insurance claims twice for the same service to the patients
B)Financial payment for patient referrals is requested from healthcare facilities
C)Insurance payments for patient services that were not provided are processed
D)Providers refer patients to a facility in which the provider holds a financial interest
Q3) Which bars a provider from receiving Medicare reimbursement either permanently or for a prescribed period of time?
A)Civil monetary penalty process
B)Fraud and abuse violations
C)Permissive and mandatory exclusion
D)Stark I and Stark II legislation
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Chapter 14: Health-Care Fraud and Abuse: Part A
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Q1) Match the law enforcement agency that fights fraud and abuse with its purpose Federal agency whose authority extends beyond the jurisdiction of government programs.
A)Federal Bureau of Investigation
B)Office of Inspector General
C)State Attorney General
Q2) Match the description with the appropriate Federal legislation. Clarifies who can be held accountable for wrongful disclosure of protected information, which means an individual who discloses the information, as well as the health care organization or entity, may be prosecuted.
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) Match the examples of fraud and abuse with the appropriate type.
Upcoding and unbundling codes
A)Abuse
B)Fraud
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Page 30
Chapter 15: Law and Ethics in the Workplace
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Q1) Which legislation requires an employer to operate a place of employment free from recognized hazards that are likely to cause serious injury or fatality?
A)ADA
B)ERISA
C)OSHA
D)USERRA
Q2) An obviously pregnant woman has applied for a job as a secretary with your company.Her qualifications are equivalent to a male applicant.Given these circumstances, you might be at risk of being accused of _____ discrimination when making a hiring decision?
A)Childbirth leave
B)FMLA
C)Sexual
D)Unequal pay
Q3) Under Title VII, an employer may refuse employment to a person due to _____,
A)An inability to speak English
B)Ancestry and heritage issues
C)Citizenship status
D)Linguistic characteristics
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Chapter 15: Law and Ethics in the Workplace: Part A
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Q1) Match the type of employee with its definition. Employed by a service firm (job agency) and assigned to work at a business or an organization.
A)Independent contractor
B)Leased employee
C)Regular employee
D)Statutory employee
Q2) Match the Federal legislation with its description. Allows employers to seek medical certification concerning the need for an employee's leave when it is for a serious health condition.
A)American Disabilities Act
B)Equal Pay Act
C)Family and Medical Leave Act
D)National Labor Relations Act
E)Title VII of the Civil Rights Act of 1964
Q3) Regardless of organizational setting, all employees are covered by HIPAA privacy rules.
A)True
B)False
To view all questions and flashcards with answers, click on the resource link above.
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