Legal Aspects of Healthcare Exam Answer
Key
Course Introduction
This course provides an in-depth exploration of the legal principles and regulations governing the healthcare industry. Students will examine topics such as patient rights, confidentiality, informed consent, healthcare provider liability, and the legal responsibilities of healthcare organizations. The course also covers federal and state laws impacting healthcare delivery, including HIPAA, malpractice issues, and risk management. Through case studies and real-world examples, students will gain a comprehensive understanding of how legal considerations shape healthcare policies, professional conduct, and ethical decision-making within clinical and administrative settings.
Recommended Textbook
Legal and Ethical Aspects of Health Information Management 4th Edition by Dana C. McWay
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15 Chapters
625 Verified Questions
625 Flashcards
Source URL: https://quizplus.com/study-set/2583 Page 2
Chapter 1: Workings of the American Legal System
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58 Verified Questions
58 Flashcards
Source URL: https://quizplus.com/quiz/51422
Sample Questions
Q1) Laws passed at the local level are called _____.
A) bills
B) ordinances
C) precedence
D) statutes
Answer: B
Q2) Which describes the necessity for a hospital to follow its own medical staff by-laws of policy?
A) Joint Commission standards
B) mandates from the federal government
C) quasi-legal requirement
D) state board legislation
Answer: C
Q3) A misdemeanor is a crime of less serious nature punishable by fine or a term of imprisonment of less than one year.
A)True
B)False
Answer: True
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Chapter 2: Court Systems and Legal Procedures
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42 Verified Questions
42 Flashcards
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Sample Questions
Q1) Methods of dispute resolution to resolve conflicts and disagreements are called alternative dispute resolution.
A)True
B)False
Answer: True
Q2) 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
Answer: B
Q3) Cases that have subject matter jurisdiction and that are limited by the U.S.Constitution and statute have _____ jurisdiction.
A) Diversity
B) federal question
C) general
D) supreme
Answer: B
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Page 4
Chapter 3: Judicial Process of Health Information
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40 Verified Questions
40 Flashcards
Source URL: https://quizplus.com/quiz/51424
Sample Questions
Q1) Which is associated with a deposition?
A) inspection of business documents and health records.
B) production of business documents and health records.
C) testimony given under oath outside the courtroom.
D) written questions presented to a party or parties.
Answer: C
Q2) Which may issue a subpoena?
A) attorney secretaries
B) federal court clerks
C) hospital risk managers
D) witnesses
Answer: B
Q3) Spoliation is _____.
A) accidental damage to a health record
B) litigation holds that impact health records
C) lying under oath during a court proceeding
D) wrongful destruction or alteration of evidence
Answer: D
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Chapter 4: Principles of Liability
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40 Verified Questions
40 Flashcards
Source URL: https://quizplus.com/quiz/51425
Sample Questions
Q1) A statute of limitations is _____.
A) a fixed time period in which a lawsuit must be brought
B) designed to protect the provider from lengthy legal actions
C) established to expire upon the patient's age of majority
D) prevention of a parent from suing for a birth injury
Q2) A patient might have a valid claim for false imprisonment in which of the following?
A) Appropriate restraint use for psychotic and aggressive behavior.
B) Hospital security refusing to allow a patient to leave without a family member.
C) Physician refusing to sign discharge papers because he feels the patient isn't ready.
D) Refusal of hospital staff to allow a baby to go home before medically stable.
Q3) Good Samaritan statutes protect _____.
A) healthcare providers who work in hospital emergency departments
B) hospital and other healthcare workers from being sued for negligence
C) reckless emergency care treatment if delivered with the best of intentions
D) rescuers from claims related to the administration of unauthorized treatment
Q4) List the 4 elements that must be proven in a negligence claim.
Q5) List the 3 types of damages mentioned in the textbook.
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Page 6
Chapter 5: Ethical Standards
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40 Verified Questions
40 Flashcards
Source URL: https://quizplus.com/quiz/51426
Sample Questions
Q1) Immanuel Kant founded the theory of _____.
A) Deontology
B) Medical research
C) Utilitarianism
D) Veracity
Q2) Autonomy is viewed as a freedom unless it _____.
A) Annoys health providers
B) Causes financial stress
C) Interferes with another's rights
D) Disputes religious beliefs
Q3) Which of the following is an example of applying the best interest standard to impaired 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.
Q4) Ethical theories refer to systematic statements or plans of principles used to deal with ethical dilemmas.
A)True
B)False
Page 7
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Chapter 6: Ethical Decisions and Challenges
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37 Verified Questions
37 Flashcards
Source URL: https://quizplus.com/quiz/51427
Sample Questions
Q1) Insurance companies may cause an ethical dilemma by requiring _____.
A) adherence with Medicare coding practices
B) limitations of inpatient hospitalization stays
C) primary care referrals to a healthcare specialist
D) use and distribution of just formulary medications
Q2) 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
Q3) Ethical challenges involve situations in which _____.
A) Differences in opinion have no effect
B) Just one perfect solution exists
C) Many or few provisions are included
D) There are no clear cut right answers
Q4) Ethics has been a cornerstone of the HIM profession since its beginning.
A)True
B)False
Q5) List the 9 steps in ethical decision making
Page 8
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Chapter 7: Bioethical Issues
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40 Verified Questions
40 Flashcards
Source URL: https://quizplus.com/quiz/51428
Sample Questions
Q1) GINA stands for:
A) Genetics in Native Americans
B) Genetic Information Nondiscrimination Act
C) Government in Nursing Association
D) Government Information Nondisclosure Agreement
Q2) Which is true of DNA mapping?
A) Cannot provide information to develop new treatments.
B) Definitely leads to practices incompatible with free will.
C) Is cost-prohibitive,regardless of methods used.
D) Will have an impact on disease prevention.
Q3) Stem cells are special kinds of cells that are not committed to conducting a specific function;they have the capability to renew themselves and _____.
A) differentiate into specialized cells
B) are only harvested from embryos
C) replace tissues of similar types alone
D) dissolve other cells
Q4) Describe the difference between living will and durable power of attorney.
Q5) Sterilization is actions taken to make an individual incapable of reproducing.
A)True
B)False
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Chapter 8: Patient Record Requirements
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39 Verified Questions
39 Flashcards
Source URL: https://quizplus.com/quiz/51429
Sample Questions
Q1) Institutional standards of care _____.
A) Are enforceable by federal and state law
B) Can be lower than state and federal regulations
C) Do not carry the force of law
D) Have no bearing on establishing negligence
Q2) Record retention policies address _____,
A) The length of time a record is maintained
B) When the record can be released to the patient
C) Whether a patient's record warrants storage
D) Which records can be provided pursuant to court order
Q3) 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
Q4) 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
Page 10
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Chapter 9: Confidentiality and Informed Consent
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41 Verified Questions
41 Flashcards
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Sample Questions
Q1) The focus of the passage of the Patient Self-Determination Act (PSDA)is to _____.
A) Acknowledge that patients have the right to choose the provider from which they receive healthcare services
B) Communicate to patients how a provider receives Medicare and Medicaid reimbursement
C) Ensure that a patient's right to make health-care decisions is communicated and protected
D) Guarantee that Medicare and Medicaid reimbursement to healthcare providers is handled appropriately
Q2) In which situation is implied consent appropriate for treatment of a child?
A) Parent or guardian refuses to allow a blood transfusion following a child's accident.
B) Providers determine that a child requires closed reduction of closed fracture.
C) Surgery to repair a ruptured spleen is performed in the absence of parent/guardian.
D) Sutures are needed for treatment of a laceration that resulted from a sporting event.
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Chapter 10: Access to Health Information
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42 Verified Questions
42 Flashcards
Source URL: https://quizplus.com/quiz/51431
Sample Questions
Q1) The release of information _____.
A) is enforceable past the expiration date
B) may be denied by the provider for any reason
C) permits removal of records from the provider's control
D) requires the express consent of the patient
Q2) HIPAA regulations establish a "floor" of patient rights,which means _____.
A) Facilities of multi-state hospital systems abide by state laws granting the least access
B) Multi-state hospital systems are bound by the federal HIPAA requirements only
C) States may enact legislation that provides for additional patient access to records
D) States must restrict patient access to records according to minimum HIPAA
Q3) Third parties are required to obtain the patient's permission when _____ wish to access the patient's protected health information.
A) Children of elderly parents
B) Accrediting and licensing agents
C) Health care facility's legal attorneys
D) Medicare and Medicaid payers
Q4) List three items that must be included on a valid release of information form.
Q5) What is the role of the IRB?
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Chapter 11: Specialized Patient Records
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45 Verified Questions
45 Flashcards
Source URL: https://quizplus.com/quiz/51432
Sample Questions
Q1) State laws regarding substance abuse records _____.
A) are unnecessary as federal law extends to state jurisdiction
B) may be equal to,less restrictive than,or more restrictive than federal law
C) prevent the patient's access to his own health records
D) take precedence over federal laws in the event of a conflict
Q2) Disclosure without written patient authorization is fine in emergency situation.
A)True
B)False
Q3) Patient notice is when a patient must be given notice of federal confidentiality requirements upon admission to the program or soon after.
A)True
B)False
Q4) Release of information may be made without patient consent in the event that _____.
A) An emergency situation exists,requiring patient records
B) Patients infected with HIV present a community health risk
C) Minor patients who undergo medical care sign a waiver
D) Treating facilities establish a policy prohibiting patient consent
Q5) List the three components of a valid authorization.
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Chapter 12: Risk Management, Quality Management, and Utilization Management
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42 Verified Questions
42 Flashcards
Source URL: https://quizplus.com/quiz/51433
Sample Questions
Q1) To protect an incident report from discovery,_____.
A) It needs to be part of the patient's permanent medical record
B) Payers are required to have previously reviewed the incident report
C) There must be an established attorney-client relationship
D) Using the report during employee training and review is necessary
Q2) The Darling vs.Charleston Community Memorial Hospital case established the precedent that _____.
A) Abolished the doctrine of charitable immunity
B) Hospitals are not liable for provider malpractice
C) Medicaid patients cannot file negligence lawsuits
D) Profit hospitals only are liable for employee negligence
Q3) State statutes regarding peer review activities _____.
A) Are well defined to protect the activities of a peer review committee
B) Cover the medical staff credentialing process in health care facilities
C) Expressly protect peer review activities performed by HMOs in all states
D) Protect peer review participants from liability unless they act in malice
Q4) List the steps in the Utilization Review Process
Q5) Describe a sentinel event and give one example.
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Chapter 13: Information Systems
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40 Verified Questions
40 Flashcards
Source URL: https://quizplus.com/quiz/51434
Sample Questions
Q1) Under HIPAA security rules,required specifications _____.
A) Are optional for certain types of facilities
B) Help in detecting security violations
C) Must be implemented by all facilities
D) Provide opportunities to ignore certain rules
Q2) What constitutes a legal heath record?
A) Business record generated at or for a healthcare organization.
B) Dictation of a healthcare facility's physicians and other providers.
C) Results of quality management audits that impact patient care.
D) Statistical reports that contain data used for accreditation purposes.
Q3) Which is an Institute of Medicine core functionality that constitutes an electronic health record?
A) Clinical decision support
B) Dictation and transcription
C) Enforcement of collections
D) Gatekeeping for patients
Q4) Improved access to health care,such as obtaining second opinions,is a benefit of telemedicine.
A)True
B)False
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Chapter 14: Health-Care Fraud and Abuse
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40 Verified Questions
40 Flashcards
Source URL: https://quizplus.com/quiz/51435
Sample Questions
Q1) Compliance programs ensure the establishment of effective internal controls that promote adherence to the applicable local,state and federal laws and regulations.
A)True
B)False
Q2) Which usually involves a qui tam action?
A) FCA claim
B) HIPAA violation
C) Negligent action
D) Stark laws
Q3) A chief compliance officer's duties might include which of the following?
A) education and training
B) complaints evaluation and resolution
C) audits and monitoring of compliance
D) all of the above
Q4) The Center for Medicare and Medicaid Services PEPP program _____.
A) Automates audits to reduce intentional fraud
B) Clarifies DHHS OIG regulations
C) Promotes the national correct coding initiative
D) Reduces Medicare payment error rates
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Chapter 15: Law and Ethics in the Workplace
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39 Verified Questions
39 Flashcards
Source URL: https://quizplus.com/quiz/51436
Sample Questions
Q1) The National Labor Relations Act _____.
A) Discourages the employee formation of labor unions within employment organizations
B) Establishes fair collective bargaining procedures and identifies unfair labor practices
C) Guarantees that employers do not have to permit the formation of unions by employees
D) Prevents employees from engaging in strikes,even if they are entirely unionized
Q2) Sexual harassment is welcomed sexual advance.
A)True
B)False
Q3) 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
Q4) List two ethics elements in a performance appraisal.
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