Health Law Final

What is the meaning of the phrase "respondeat superior"?

"Let the master answer" or the practice of holding the employer liable in certain cases for employee acts

Death is legally defined as:

A & B A. The irreversible cessation of circulatory and respiratory functions B. The irreversible cessation of function of the entire brain, including the brain stem

What is the End of Life Option law?

A California law that allows a terminally ill patient to request Aid in Dying drugs

Some states have instituted a work requirement for people who receive Medicaid. How did a federal court rule as to the constitutionality of such a requirement?

A U.S. District court judge ruled that the work requirements could not stand because they interfered with Medicaid's goal of providing medical coverage to the needy

How is the standard of proof different for a criminal case as opposed to a civil case?

A criminal case has a higher burden of proof, beyond a reasonable doubt, while civil cases require either a preponderance of the evidence or clear and convincing evidence

What is a "conscience clause"?

A law permitting health care providers to refuse to provide certain medical services, such as abortion, for religious reasons

A medical home is:

A model of primary care that is patient-centered, comprehensive, coordinated and accessible

An intentional tort means:

A person committed an intentional act that caused harm to another

Why must a consent for surgery be signed BEFORE pre-operative medication is given?

A person under the influence of pre-operative medication loses capacity to consent

Wrongful life is a legal cause of action when:

A person who has been born with disabilities due to medical error sues, attesting that they would have been better off not having been born

What accommodation does California law provide when a patient has been determined to be brain dead?

A reasonably brief period for the family to gather before removing the patient from life support

The American legal system is known as an:

Adversarial system

What is required for a valid contract?

Agreement between two parties and consideration

Which of the following is a "designated health service" covered by the Stark Law?

All of the above are designated health services: Physical therapy Radiology/imaging Lab

The Americans with Disabilities Act prohibits discrimination based on disability if:

All of the above are true: The employee is qualified to perform the essential functions of the job Reasonable accommodations can be made Reasonable accommodations will not impose an undue hardship on the employer

In which of the following situations can minors generally make their own decisions?

All of the above: Contraception, STDs, and mental health Mature minors involving abortions Care for their own children

You want to execute an Advance Directive. Where can you find the form?

All of the above: Online At a hospital On Canvas, under this course

Which of the following contracts are unenforceable?

All of the above: Oral contracts that are of the type required to be written Contracts requiring illegal actions Unconscionable contracts

If the FDA becomes aware of a pharmaceutical company violating the Food, Drug, and Cosmetic Act, it can:

All of the above: Send a warning letter Work with the Department of Justice to impose fines Work with the Department of Justice to seize the pharmaceutical product

Jurisdiction is the power to make legal decisions. Which of these is a type of jurisdiction?

All of the above: Subject matter jurisdiction Personal jurisdiction Jurisdiction over property

All of the following are considered unfair labor practices by the National Labor Relations Board (NRLB) EXCEPT:

Allowing employees to hold an election to organize a union

Which of the following statements is true?

An individual has the right to reject medical treatment, even if that treatment is life-sustaining or life-saving

In California, unlicensed practitioners of complementary and alternative medicine

Are exempt from the Medical Practice Act if they follow certain guidelines

How are privacy protections generally defined?

As family, marriage, motherhood, procreation, and child rearing

Under what principle does a Jehovah's Witness have the right to refuse life-saving blood transfusions?

Autonomy

Which of the following is an example of an intentional tort?

Battery

When the case of the Affordable Care Act came before the U.S. Supreme Court, one issue for the Court was severability, or whether finding one part of the Act unconstitutional would invalidate the entire Act. Why is this issue being raised again?

Because a group of attorneys general have brought a case against the Act, claiming that removing the tax penalties for not purchasing health insurance renders the entire law invalid

Scope of practice laws

Can facilitate or hinder patients' ability to see a particular type of provider

What is a formal document issued to a healthcare provider giving permission for construction and modification of health facilities, major equipment expenditures, or the addition of health services?

Certificate of Need or CON

Which of the following actions is NOT considered Medicare Fraud and Abuse?

Charging more than the usual and customary fee

Criminal law differs from civil law in the burden of proof required to convict in that:

Civil law requires a preponderance of evidence (more likely than not) while criminal law requires proof beyond a reasonable doubt

Drug manufacturers should be aware that marketing messages are considered:

Commercial speech

What did the U.S. Supreme Court decide in the Hobby Lobby case?

Corporations could refuse contraceptive coverage on religious grounds

Which is NOT an area of civil law?

Criminal law

The principle of nonmaleficence means:

Do no harm

What must a licensing board provide to a licensed professional before imposing disciplinary sanctions?

Due process and/or notice of wrongful conduct and an opportunity to present information

What is the term for the system designed for the stocking and selection of drugs in a hospital?

Formulary

Where do the separate branches of government get their powers?

From the U.S. Constitution

What does GINA stand for?

Genetic Information Nondiscrimination Act

Which of the following is NOT approved by the FDA prior to marketing?

Herbal remedies

With regard to federal regulations such as the Anti-kickback law, Stark law, Sherman Act, and False Claims Act, what is recommended to ensure compliance?

Hire compliance professionals and provide written policies and procedures as well as effective training for the staff

Two general types of torts are:

Intentional torts and negligence

What is meant by the term medical futility?

Interventions that are not likely to help the patient

Direct-to-consumer prescription drug advertising:

Is regulated by the FDA

If a health care provider is negligent, and that negligence is the actual cause of a patient's injury, is the health care provider legally liable for malpractice?

It depends. The resulting injury may have been too unforeseeable to hold the health care provider legally liable

Is recreational marijuana legal in California?

It is legal under state law but not under federal law

Where is the Right to Privacy found in the U.S. Constitution?

It is not mentioned in the Constitution but is most often inferred from the 14th Amendment Due Process Clause

In health care facilities, which of these has to be separately licensed?

Laboratories

Which of the following cases dealt with the privacy rights of gay men?

Lawrence v. Texas, 2003

What does the Equal Protection Clause mean?

Like persons must be dealt with in a like fashion by the state

The provision of the Affordable Care Act that requires all citizens to purchase health insurance was ruled constitutional by the U.S. Supreme Court. Is this provision still in place?

No, part of the tax reform bill repealed it as of 2019

Several states have passed "heartbeat laws" making abortion illegal after six weeks into a pregnancy. Are these laws constitutional?

No, so long as Roe v. Wade remains settled law, these laws are unconstitutional.

Your patient speaks only Spanish and you speak no Spanish. She must sign a consent form this morning for a test. What is the proper course of action?

Obtain a qualified interpreter to translate and document that fact

What does the Patient Self-Determination Act protect?

Patients' rights to accept or refuse treatment and to make an advance directive

What is meant by the term "standing"?

Persons bringing suit must have a stake in the issues

Title VII of the Civil Rights Act

Prohibits employment discrimination based on race, color, sex, religion, national origin, or pregnancy

The primary responsibility of state licensing boards is to:

Protect the public

What effect does exclusion have on health care professionals?

Providers may not employ or contract with excluded parties

The Affordable Care Act required all citizens do what?

Purchase health insurance

What is the term for whistleblower suits under the False Claims Act?

Qui tam

What accommodations must an employer make for religious observances?

Reasonable accommodations for religious observances

The Ethics in Patient Referrals Act prohibits:

Referrals by physicians of Medicare or Medicaid patients to facilities in which the physician has a financial interest

Which of the following is a key element of the space rental safe harbor?

Rental rate is consistent with the fair market value of comparable space and does not consider volume of referrals

To prove negligence, all four elements must be proven EXCEPT when:

Res ipsa loquitur ("it speaks for itself") applies

If a health care provider is reimbursed twice by Medicare for the same service, the provider should:

Return the overpayment within 60 days or be in violation of the False Claims Act

Which of the following is NOT true about the Patient Protection and Affordable Care Act of 2010?

Soon after it was passed, this act became very popular with the majority of Americans

Medical practice acts are passed by:

States

Product liability cases are based on:

Strict liability

Which staff are exempt in terms of the National Labor Relations Board?

Supervisors and managers

What does the Religious Freedom Restoration Act say?

That laws may not substantially burden a person's exercise of religion unless that burden is the least restrictive means of advancing a compelling government interest

What did Roe v. Wade establish?

That states could not prohibit abortion in the first trimeter

What limits the powers of the government?

The Bill of Rights

President Trump has appointed two U.S. Supreme Court justices. What has been the effect on the Court?

The Court has moved ideologically to the right, to a more conservative view

The religious freedom clause of the First Amendment contains two parts that sometimes are in conflict. They are:

The Establishment Clause and the Free Exercise Clause

Which of the following laws is the oldest?

The False Claims Act

The Ethics in Patient Referrals Act is also known as:

The Stark Law

The 1962 Kefauver-Harris Amendments to the Food, Drug, and Cosmetic Act were, in part, a response to:

The Thalidomide disaster

What is true about the Medicaid expansion ordered under the Affordable Care Act?

The U.S. Supreme Court failed to uphold the requirement that all states expand Medicaid, ruling that the expansion is optional

In the case of gestational surrogacy in California, who is considered the mother of the resulting child?

The intended mother, if the proper documents are filed with the court

Last year, the jury in the two sections of HLTH 308 arrived at different verdicts in the Goldilocks trial, and yet, the fact pattern was the same. Why?

The jury could only consider the arguments presented, and they differed by section

Which standard of informed consent requires that patients be given all the material facts they need to make a decision?

The patient standard

Regarding the responsibility to provide information for an informed consent, which of the following is true?

The practitioner providing the service is generally responsible

In an emergency, who can make decisions for unaccompanied adults without decision-making capacity?

The provider

When individual licensing is permissive rather than mandatory, what is regulated?The use of a professional title

The use of a professional title

What is the legal duty of an off-duty clinician to come to the rescue of a person in imminent danger?

There is no legal duty to rescue a stranger

Grandma is getting older and occasionally forgets things. What assumption should be made about her decision-making capacity?

There should be a strong presumption of her continued capacity

In the U.S. Supreme Court case regarding California's Proposition 8, what did the Court say about the defendants' lack of standing?

They suffered no personal injury from the law being overturned to allow same-sex couples to marry

How many branches are there in the federal government?

Three

What is the purpose of federal anti-trust laws?

To protect competition in the marketplace

Which of at the following was NOT a goal of health care reform leading to the Affordable Care Act?

To support the health insurance industry

Which governmental body said in 1981, that "no right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law."

U.S. Supreme Court

Which is the first of three testing phases for new drugs?

Use on normal volunteers

In order for a physician to use a drug off label (for other than its approved use), the physician must:

Use only his or her own professional judgment

In general, when is involuntary sterilization permitted?

When a severely mentally disabled person is sexually active, unable to use contraception, and unable to care for offspring, and then generally only with a court order

When is there a breach of contract?

When one party does not fulfill their contractual promise

In the case of Terri Schiavo, a young woman in a persistent vegetative state, what was the issue for the court?

Who could speak for her in making the decision to remove a feeding tube

Which of the following is NOT a necessary element to prove negligence?

Written standards

A man having a heart attack is made to walk down three flights of stairs by the responding EMTs. He dies upon reaching the hospital. Is there evidence to support a malpractice case against the EMTs?

Yes, if they failed to meet the standard of care in such circumstances

Which type(s) of regulation governs where buildings may be located?

Zoning

What is the term for a set of rules and principles created by court decisions rather than through legislation?

common law