Medical Law and Ethics Chapter 9

31. Explain the physician-patient privilege.

A physician may not reveal in court confidential information obtained during treatment unless the patient voluntarily waives his or her privilege against disclosure.

34. List the three kinds of information protected under HIPAA.

ANSWER: (1) Electronic media; (2) written documents; (3) the spoken word

37. List two conditions that allow patient information to be disclosed.

ANSWER: (1) When a patient voluntarily waives (gives up) his or her privilege against disclosure, and (2) when a patient files a medical malpractice cause of action

39. Discuss the challenges that media face on maintaining confidentiality.

ANSWER: Answer should include the following: printing of nonfactual information, libel, lawsuits, slander, etc.

35. Define the three major purposes of HIPAA.

ANSWER: Answers should include the following: (1) To protect and enhance the rights of consumers by providing them access to their health information and controlling the inappropriate use of that information; (2) to improve the quality of health care in the U.S. by restoring trust in the health care system among consumers, health care professionals, and the multitude of organizations and individuals committed to the delivery of care; (3) to improve the efficiency and effectiveness of health care delivery by creating a national framework for health privacy protection that builds on efforts by states, health systems, and individual organizations and individuals.

38. Privileged communication is a label placed on information passing between people that cannot be submitted into evidence in a court of law because of the legal relationship between the individuals. Give two examples of individuals with whom communication is legally recognized as privileged.

ANSWER: Any two of the following: (1) Physician and patient; (2) husband and wife; (3) priest and penitent; (4) social worker and patient (in some states); (5) psychotherapist and patient (in some states)

40. Discuss and provide at least two examples of a situation in which privacy could be violated.

ANSWER: Examples could include: the simple clerical matter of sending a "checkup reminder," loudly projecting why a patient is coming for an office visit, making copies of patients' records, providing information to nonrelated individuals without consent. Other examples are possible.

2. Included in matters of privacy is the right to be left alone and to make personal choices for others. a. True b. False

ANSWER: False RATIONALE: Included in matters of privacy is the right to be left alone. An individual can only make personal choices for himself or herself.

9. Celebrities and politicians do not have rights to privacy because they are public figures. a. True b. False

ANSWER: False RATIONALE: All people in the U.S. have the right to privacy, regardless if they are public figures or not.

5. Under HIPAA regulations, consent is required only for patients under the age of 18 in order to carry out basic treatment.

ANSWER: False RATIONALE: Under HIPAA regulations, consent is required for all patients, regardless of age.

32. Who can discipline a health care professional or facility for HIPAA violations?

ANSWER: Only the government can discipline a health care professional or facility for HIPAA violations.

36. What is the well-known abortion decision of the U.S. Supreme Court that protects a woman's right to privacy in a first-trimester abortion?

ANSWER: Roe v. Wade

16. From whose philosophy was the idea of confidentiality, and thus HIPAA, derived? a. Hippocrates b. Socrates c. Plato d. Cleveland Clinic

ANSWER: a RATIONALE: Contemporary physicians' promise to honor a patient's confidentiality originated with Hippocrates.

23. What is Public Law 104-191 more commonly known as? a. HIPAA b. Confidentiality Law c. Privileged Communication Law d. Federal Privacy Acts

ANSWER: a RATIONALE: Public Law 104-191 is more commonly known as HIPAA.

19. To surrender a claim, privilege, or right is known as: a. waiving. b. giving. c. protecting. d. privacy.

ANSWER: a RATIONALE: To surrender a claim, privilege, or right is known as waiving.

20. Under HIPAA, consent is required from a patient in order to carry out _____ treatment. a. basic b. diagnostic c. complex d. specialist

ANSWER: a RATIONALE: Under HIPAA, consent is required from a patient in order to carry out basic treatment.

26. The expectation of privacy between physician and patient was first documented in 1134 B.C., when what nationality of physicians recorded case histories on columns in their temples? These primitive recordings included patient names, medical histories, and treatments. a. America n b. Greek c. French d. Italian

ANSWER: b RATIONALE : The expectation of privacy between physician and patient was first documented in 1134 B.C., when Greek physicians recorded case histories on columns in their temples.

22. In what year was HIPAA signed into law? a. 1995 b. 1996 c. 1997 d. 1998

ANSWER: b RATIONALE: HIPAA was signed into law in 1996.

14. In what year was HIPAA signed into law? a. 1993 b. 1996 c. 1997 d. 2003

ANSWER: b RATIONALE: HIPAA was signed into law on October 21, 1996.

27. Hospitals and medical offices have strict HIPAA policies against doing what with patient information? a. Altering b. Disclosing c. Using d. Fabricating

ANSWER: b RATIONALE: Hospitals and medical offices have strict HIPAA policies against disclosing patient information.

24. What risks are associated with violating HIPAA? a. Losing your job b. Losing your job and being sued c. Losing your job and being exposed to peers d. Losing your job and being quoted in the media

ANSWER: b RATIONALE: The best answer is losing your job and being sued.

18. Communication between a physician and patient is legally recognized as _____, and in some states this extends to social workers and psychotherapists. a. protected b. private c. privileged d. waived

ANSWER: c RATIONALE : Communication between a physician and patient is legally recognized as privileged, and in some states this extends to social workers and psychotherapists.

21. What is a privileged communication? a. A conversation with your friend b. A communication your physician can share with others c. A confidential communication that is protected from disclosure in court d. A conversation with a medical office professional about the weather

ANSWER: c RATIONALE: A privileged communication means a confidential communication that is protected from disclosure in court

11. A false and malicious statement that damages a person's reputation is: a. libel. b. a tort. c. slander. d. an insult.

ANSWER: c RATIONALE: Slander is an oral communication of false statements that may cause injury to a person.

17. What legal agency is responsible for enforcing HIPAA? a. City/local government b. State government c. Federal government d. U.S. Military

ANSWER: c RATIONALE: The federal government enforces HIPAA.

15. What information does HIPAA protect? a. Information transferred by electronic media b. Information written on paper c. Information spoken verbally d. All of these answers apply.

ANSWER: d RATIONALE : Information protected under the act includes information transferred by electronic media, written on paper, and spoken verbally.

12. Under HIPAA requirements, those found guilty of wrongfully disclosing private health information face _____ years in jail and a _____ fine. a. 5; $100,000 b. 5; $250,000 c. 10; $100,000 d. 10; $250,000

ANSWER: d RATIONALE : Under HIPAA requirements, those found guilty of wrongfully disclosing private health information face ten years in jail and a $250,000 fine.

28. What is a patient's expectation of privacy known as in the doctor-patient relationship? a. Privilege b. Etiquette c. Ethics d. Confidentialit

ANSWER: d RATIONALE: A patient's expectation of privacy is known as confidentiality in the doctor-patient relationship.

25. Which of the following does protected health information (PHI) include? a. The provision of health care to the individual b. The individual's past, present, or future physical or mental health condition c. The past, present, or future payment for the provision of health care to the individual d. All of these answers apply.

ANSWER: d RATIONALE: All of these answers apply.

13. HIPAA is the abbreviation for: a. Health Information Portability and Accountability Act. b. Health Insurance Protection and Accountability Act. c. Health Information Protection and Accountability Act. d. Health Insurance Portability and Accountability Act.

ANSWER: d RATIONALE: HIPAA is the abbreviation for Health Insurance Portability and Accountability Act.

29. Which of the following is true about the confidentiality of medical information? a. People within the same family may view each other's medical information. b. As a medical office professional, you can view the health record of anyone who comes in to your office. c. It is permissible to discuss a patient's medical information at home provided your family knows it is confidential. d. The confidentiality of medical information is not specifically included within the constitutional right of privacy.

ANSWER: d RATIONALE: The confidentiality of medical information is not specifically included within the constitutional right of privacy.

33. Privacy conveys the right to be left alone to make ____________________ choices.

ANSWER: personal

6. When HIPAA was signed into law in 1956, there was no Federal Privacy Act for medical records.

False RATIONALE : It is true that at the time HIPAA was signed into law, there was no Federal Privacy Act for medical records. However, HIPAA was signed in to law in 1996.

30. Before HIPAA's enactment, what type of law was the privacy of patient records subject to?

State laws

1. HIPAA regulations affect all health care facilities and personnel. a. True b. False

True

10. It would be a violation of HIPAA for a health care professional to disclose any confidential information about the president. a. True b. False

True

3. HIPAA training is a requirement for all medical employees and providers. a. True b. False

True

4. A "HIPAA notification" is mandated once a year in order to update the patient file. a. True b. False

True

7. In the United States, the confidentiality of medical information is not included within constitutional rights of privacy. a. True b. False

True

8. Privacy and confidentiality in the medical setting touch upon both legal and ethical issues. a. True b. Fals

True