HITT 1253 Legal and Ethics Final Test study guide ( Mcway, Chapters:1-15)

Battery

- Battery involves the physical contact of a person that results in an injury or offense - it is both a crime and tort - intentional

Authentication of a medical record

- Confirms the content and accuracy of an entry into the medical record by written signature, initials, or computer generated signature code.

conflict of interest

- The clash between an individual's self interests and his or her obligation to an organization or group.

Substituted consent

- The legal doctrine that allows an authorized person to consent to or forgo treatment on the patient's behalf when the patient is not legally competent to provide consent.

Autonomy

- it refers to independence, self-determination, or freedom

Stare decisis is Latin for: A.a matter [already] judged. B.to let the decision stand. C.let the master answer. D.utmost good faith.

B.to let the decision stand.

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

C. OSHA ( Occupational safety and Health Act)

Ethical theories

Ethical theories refer to systematic statements or plans of principles used to deal with ethical dilemmas.

HIPAA security safeguards include Administrative, Technical and Physical. TRUE or FALSE

TRUE

Legal counsel, senior management/ health care providers/ governing board, HIM professional and IT professional are considered the litigation response team. True False

True

Name, address information, date, phone number, etc. are all considered individual identifiers under HIPAA. True False

True

Health records are considered _____ when the business record exception rule applies. a. admissible as evidence b. circumstantial evidence c. excluded as evidence d. not admissible as evidence

a. admissible as evidence

An intentional tort may include a(n) _____. a. assault b. failure to warn c. negligence d. vicarious liability

a. assault

What is the action of a party who possesses data to make efforts to prevent routine destruction of electronically stored information? a. litigation hold b. notice of preservation c. order of preservation d. production of things

a. litigation hold

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

a. notifies the opposing party of the need to preserve relevant electronic evidence

The use of the patient's own body part for tissue transplant is called _____. a. Allograft b. Autograft c. Heterograft d. Xenograft

b. Autograft

Records held by a state agency correspond with principles of FOIA and fall into the _____ category of confidentiality protection? a. Common law b. Open record c. Physician-patient privilege d. Privacy

b. Open record

Which is an example of a sentinel event? a. Expected reaction to administered medications. b. Patient who reports being aware during surgery. c. Recovery following elective open heart surgery. d. Transfer of a patient to a tertiary care facility.

b.Patient who reports being aware during surgery.

Which involved a combination of planned functions directed toward prudent allocation of medical resources and the administration of appropriate treatment? a. managed care b. physician credentialing c. root-cause analysis d. utilization management

d. utilization management

If an incident report is inadvertently released during the discovery process along with the medical record, _____ applies. a.attorney work product privilege b.Behringer Estate v. Medical Center at Princeton c.business record exceptions d.Federal Rule of Evidence 502

d.Federal Rule of Evidence 502

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

d.Providers refer patients to a facility in which the provider holds a financial interest

Living will

- It is a document, exercised when a patient is competent, that provides direction as to medical care in the event the patient becomes incapacitated or unable to make personal decisions.

Incident report

- It is the documentation of the adverse incident, whether done on a paper form or through a computerized database with access highly controlled.

separation of powers

- The division of powers between the three distinct branches of government- legislative, executive, and judicial- and the system of checks and balances that supports the division.

Assault

- an act of force or threat of force intended to inflict harm upon a person or to put the person in fear that such harm is imminent. - intentional tort

Stare Decisis

- common law court decision establishes a precedent that may be relied on in future court cases involving similar issues. - this reliance on precedent referred as stare decisis, latin term meaning " to let the decision stand" - it applies to all courts within the same geographical area and within same jurisdiction. - operates in a pyramid fashion. Top court issues decision on a particular topic and all the lower courts follow the decision. - pyramidal structure of federal court system u.s supreme court-->u.s courts of appeal-->trial courts (u.s district courts)

confidentiality

- is the obligation of the health care provider to maintain patient information in a manner that will not permit dissemination beyond the health care provider.

Spoliation

-issue related to e-discovery -wrongful destruction or material alternation of evidence or the failure to preserve property or data for another's use as evidence in pending

Res judicata

-means a thing or matter settled by judgement -comes into play after all appeals exhausted -Once a court renders a final decision, the parties cannot bring another action on the same claim - It differs from stare decisis that res judicata applies only to the parties and issues in a lawsuit, stare decisis applies to future decisions involving different parties with similar issues.

Utilization management

A combination of planned functions directed to patients in a health care facility or setting that includes prudent use of resources, appropriate treatment management, and early comprehensive discharge planning for continuation of care

order of preservation

A court order requiring a party to preserve electronic and other evidence, regardless of the party's need to engage in routine deletion or destruction practices and procedures

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

A. True

Quality Management

An improvement technique that examines patterns of activity to define optimum performance and determine how to achieve that performance.

Sentinel Event

An unexpected occurrence involving death or serious physical or psychological injury. A sentinel event is an unexpected occurrence involving death or serious physical or psychological injury. Example: amputating the wrong leg, significant medical errors, adverse drug reactions, confirmed transfusion reactions, surgery on the wrong patient or body part, infant abduction or discharge of infant to the wrong family.

Under stare decisis, _____. A.U.S. Courts of Appeal are bound by trial court decisions of U.S. district courts in other jurisdictions B.U.S. district courts are bound by decisions of both the U.S. Courts of Appeal and U.S. Supreme Court within the same geographic area C.U.S. Supreme Court is bound by decisions of all U.S. courts of appeal within different jurisdictions D.U.S. Supreme Court is obligated to follow precedent, regardless of decisions in Courts of Appeal or district courts

B. U.S. district courts are bound by decisions of both the U.S. Courts of Appeal and U.S. Supreme Court within the same geographic area

Which describes the doctrine of res judicata? A.Appeals to a court decision are prohibited, and a plaintiff would be required to stand before the Supreme Court. B.Final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action. C.Parties of a lawsuit have the option of bringing a subsequent action raising the same claim or demand. D.Plaintiff can re-prosecute the defendant if a valid final judgment was administered by the court

B.Final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.

Separation of powers as it pertains to the branches of federal government is in place: A.as a way to increase the number of jobs created in the country. B.if the president is unable to fulfill his duties and responsibilities. C.so that no one particular branch overpowers the other branches. D.to prevent any interaction between factions of political parties.

C.so that no one particular branch overpowers the other branches.

When records are modified or destroyed, it is referred to as: A.Destruction. B.Non-native format. C.Non-preservation. D.Spoliation

D.Spoliation

In deciding a dispute, the court or judicial branch _____. A.applies laws that were enacted by a majority vote only B.considers irrelevant statutes and unconstitutional provisions C.does not have the authority to settle disputes D.may apply the doctrines of stare decisis and res judicata

D.may apply the doctrines of stare decisis and res judicata

The HIPAA privacy rule has been around since the 1950's. True False

False HIPAA was enacted in 1996.

A court order is signed by the plantiff's attorney True False

False signed by judge

Restricting copy functions is a risk prevention technique for an EHR TRUE or FALSE

TRUE

Rights

The concept of a just claim or entitlement, whether based on law, ethics, or morality, that others are obliged to respect

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

a. Actively serving in the US armed forces

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.

a. Adherence to conditions of participation for documentation.

Health information becomes confidential _____. a. After it is made available to the healthcare provider b. Only when it contains particularly sensitive information c. Until the patient no longer receives provider services d. When the patient expressly indicates it is not to released

a. After it is made available to the healthcare provider

The use of an organ or body part from another human (donor) is called an _____. a. Allograft b. Autograft c. Heterograft d. Xenograft

a. Allograft

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

a. An obligation to monitor the business associate's compliance with HIPAA

That part of the health record used for continuity of care is the _____ information. a. Clinical b. Demographic c. Financial d. Legal

a. Clinical

The right to bring a lawsuit for damages related to breach of confidentiality is protected under _____. a. Common law b. Constitutional law c. Privacy law d. Statutory law

a. Common law

The legal health record is defined as that containing the _____. a. Complete and accurate description of the patient's history, condition, and care provided b. Electronic and legal signatures of health care providers and ancillary staff members c. Format or method by which information documented in the health record is stored d. Type of testing performed, including data from the chargemaster or encounter form

a. Complete and accurate description of the patient's history, condition, and care provided

Which patient right is associated with the issue of HIV/AIDS? a. Confidentiality b. Duty to treat c. Genetic testing d. Prenatal surgery

a. Confidentiality

Which is an agreement constructed to authorize a business associate's access to protected health information (PHI) under the HIPAA Privacy Rule? a. Description of the permitted uses of released patient information. b. Government agencies that will be impacted by release of PHI. c. Methods for notifying the provider whenever the information is accessed. d. Name of primary business associate who will view the patient record.

a. Description of the permitted uses of released patient information.

The effort to improve the human species through control of hereditary factors is called _____. a. Eugenics b. Euthanasia c. Genetics d. Surrogacy

a. Eugenics

An elderly woman designated a durable power of attorney while still competent. She is now in a coma and on a ventilator following surgery. The designee feels she is suffering and wishes to withdraw life support. Other family members disagree and wish to have life support continued. The other family members also indicate that the designee is beneficiary to half of the patient's estate and is having financial problems. What action should be taken? a. Follow the instructions of the designee because the durable power of attorney for healthcare is a legal document. b. Instruct the family members that they have to sort it out themselves because the hospital cannot be involved in any action. c. Permit all parties involved to request that the attending physician order a consultation with a medical specialist. d. Seek consultation with the local district attorney regarding this conflict of interest so as to resolve it appropriately.

a. Follow the instructions of the designee because the durable power of attorney for healthcare is a legal document.

Res judicata is a doctrine that courts are subject to, and it means: a. a matter [already] judged. b. let the master answer. c. to let the decision stand. d. utmost good faith.

a. a matter [already] judged

Rules of evidence cover what is considered both pertinent and proper for use by a jury and a judge in reaching a decision, and such evidence is considered _____. a. admissible b. hearsay c. spoliation d. worthy

a. admissible

The chief executive branch of government issues executive orders that interprets _____. a. and implements and/or gives administrative effect to provisions of the constitution or laws b. individual rules or regulations, which were written by administrative agencies c. laws (statutes) through the adjudication and resolution of disputes d. relevant constitutional provisions, federal/state statutes, regulations, and court decisions

a. and implements and/or gives administrative effect to provisions of the constitution or laws

What is a court order? a. authorization for disclosure that would otherwise be prohibited by statute or regulation. b. command by the court to appear in person and produce all health and business records. c. request for production of documents, which also has to be signed by the patient. d. subpoena duces tecum, which is signed by the court clerk to produce health records.

a. authorization for disclosure that would otherwise be prohibited by statute or regulation.

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)

a. authorizes disclosure that would otherwise be prohibited by statute and regulation

Which allows a healthcare record to be admitted into evidence? a. business record exception b. deposition exception c. evidentiary exception d. expert witness exception

a. business record exception

Healthcare records are considered hearsay evidence because _____. a. entries are not made under oath at the time they were documented b. providers who documented in the record cannot be called as witnesses c. there is a potential for tampering of healthcare records by the provider d. they are business records and, therefore, not admissible into a court of law

a. entries are not made under oath at the time they were documented

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

a. health care facility becomes responsible for a nurse's negligent actions

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

a.Conduct audits of patient information to compare against established guidelines

Which changed the nature of compliance programs for some institutions from voluntary to mandatory and provided a financial incentive for states to adopt laws similar to federal laws regarding fraud and abuse? a.Deficit Reduction Act b.False Claims Act c.HIPAA d.Stark I and Stark II

a.Deficit Reduction Act

Which is characteristic of an incident report? a.Documents circumstances to assess for the possibility of impending litigation. b.Guarantees that facility malpractice insurance premiums will be reasonable. c.Provides a method of defense against liability for actions of facility employees. d.Serves as a way to discipline the health care provider who perpetrated an error.

a.Documents circumstances to assess for the possibility of impending litigation.

Safeguards established by HIPAA security rules _____. a.Ensure data integrity by protecting it from unauthorized deletion b.Limit the availability of healthcare and other data to authorized users c.Operate within the confines of stricter state legislation and rules d.Protect confidentiality by allowing all providers to access information

a.Ensure data integrity by protecting it from unauthorized deletion

Which is the false misrepresentation of fact that is relied on by another to that person's detriment and a departure from reasonable use? a.Fraud and abuse b.Insurance evasion c.Legal malpractice d.Malfeasance

a.Fraud and abuse

Quality management is described as a _____. a.clinical function that seeks to define optimum performance b.method of assessing individual patients at organizations c.process of identifying sentinel and other events d.way of increasing risk to a healthcare organization

a.clinical function that seeks to define optimum performance

Which is an example of emancipation of a minor? a. 14-year-old female who has an STD. b. 17-year-old who enters the armed forces. c. Mentally competent 10-year old child. d. Minor who no longer lives with parents.

b. 17-year-old who enters the armed forces.

The concept of rights _____. a. Always encompass ideas of fairness, honesty, and impartiality b. Derives from the concept of justice in that both involve obligations c. Includes dependency, which encompasses self-determination d. Undermines the affirmation or violation of basic human rights

b. Derives from the concept of justice in that both involve obligations

A living will provides _____, a. Clarification about who will make healthcare decisions in the event of the patient's recovery from illness b. Direction about what medical care is to be provided in the event of incapacitation or inability to make decisions c. Instructions regarding the executor of an estate and how assets will be distributed upon the patient's death d. Legal decisions that the family's wishes with regard to the patient's health care when the patient has expired

b. Direction about what medical care is to be provided in the event of incapacitation or inability to make decisions

HIPAA requires a covered entity to perform a risk analysis and implement standards to protect the institution's health information records. Which is one of those standards? a. Definition of security measures that should be implemented and revised. b. Documentation of the entity's actions, which are to be maintained for 6 years. c. Specification of a step-by-step approach outlined in the HIPAA regulations. d. Statutory requirements that health information professionals be credentialed.

b. Documentation of the entity's actions, which are to be maintained for 6 years.

Quality Management involves a combination of planned functions directed toward prudent allocation of medical resources and the administration of appropriate treatment. a. True b. False

b. False - it is called case mangement

Information concerning professional competence and conduct is reported to the National Practitioner Data Bank only if the physician agrees with the statements. a. True b. False

b. False. The information supplied to the National Practitioner Data Bank is not reviewed by the physician prior to publishing.

Which are subject to federal regulations regarding drug and alcohol treatment programs? a. Facilities that provide general health care and substance abuse diagnosis/treatment. b. General hospitals that operate a substance abuse unit that diagnoses and treats patients. c. Mental health care organizations that provide long term care for psychiatric patients. d. Physician offices that provide family medicine care, including treatment of anxiety.

b. General hospitals that operate a substance abuse unit that diagnoses and treats patients.

HIPAA provides for two exceptions in which approval for research does not require full IRB review. They include _____. a. Identified information and waiver or authorization b. Limited data set and de-identified information c. Minimum data set and UHDDS information d. Research that meets criteria for emergency review

b. Limited data set and de-identified information

Ethical guidelines have been established regarding patients with HIV and AIDS, which state that _____. a. Providers may release information regarding the diagnosis only after a patient's death b. Providers' obligation of confidentiality does not cease with the death of the patient c. The diagnosis of HIV/AIDS requires information to be released to family members d. The diagnosis of HIV/AIDS must be shared with healthcare providers

b. Providers' obligation of confidentiality does not cease with the death of the patient

Which is presented to a court or jury as proof of the facts in issue and that may include the testimony of witnesses, records, documents, or objects? a. court order b. evidence c. litigation response plan d. show cause order

b. evidence

According to HIPAA, the _____ has the right to access patient information in the complete medical record. a. government b. patient c. payer d. transferring facility

b. patient

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

b. privilege doctrine

Employees who are considered at-will employees are those who _____. a.Are protected by a contract from termination for no cause b.Can leave an employer or be terminated at any time c.Give a 30-day notice to vacate a position with the employer d.Must be provided an explanation of cause if terminated

b.Can leave an employer or be terminated at any time

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

b.Do not bind the entity to implementation but require documentation of alternatives

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

b.Establishes fair collective bargaining procedures and identifies unfair labor practices

Damage prevention in an electronic health record system refers to _____. a.Judiciously maintaining data in the EHR through authentication measures b.Keeping data or equipment from being brought down by malicious attempts c.Preventing third parties from gaining access to healthcare communications d.Resuming immediate computer operations in the event of a problem

b.Keeping data or equipment from being brought down by malicious attempts

Under HIPAA, a patient has the right to _____. a.Alter the original medical record in person b.Know how his information is being disclosed c.Receive copies of any records upon request d.Restrict all disclosures of information

b.Know how his information is being disclosed

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

b.May be used to compile information in an effort to increase prevention of loss

An incident report _____. a.Is always discover-able as part of the official malpractice litigation process b.May help determine patterns of healthcare activity that should be altered c.Requires discussion with the plaintiff's legal team of malpractice attorneys d.Should be included as a part of the patient's permanent medial record

b.May help determine patterns of healthcare activity that should be altered

Federal confidentiality requirements are provided to a patient when _____. a.Facilities receive a discovery request pursuant to a lawsuit b.Patients are admitted to a substance abuse treatment program c.They are discharged from a substance abuse treatment program d.Payers request records to verify treatment prior to approving payment

b.Patients are admitted to a substance abuse treatment program

The Joint Commission's role in sentinel events includes _____. a.Performing onsite reviews as the result of all sentinel events b.The 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

b.The possibility of placing the organization on accreditation watch status

How is substituted consent defined? a. The administrator of the healthcare facility is constitutionally permitted to sign the consent to treatment for a mentally incompetent patient. b. A healthcare provider continues with life-saving measures after a competent adult refuses to provide consent even when in his best interest. c. A healthcare provider can provide treatment to the patient when the patient cannot provide consent to treatment and an authorized individual provides consent. d. Another adult may provide consent that is in the best interest of another competent adult who is refusing a life-saving treatment.

c. A healthcare provider can provide treatment to the patient when the patient cannot provide consent to treatment and an authorized individual provides consent.

Federal legislation that specifically addresses the release of protected health information is called _____. a. COBRA b. EMTALA c. HIPAA d. HITECH

c. HIPAA

HIPAA is the abbreviation for the _____. a. Healthcare Information and Payer Accessibility Act b. Health Information Provider and Accessibility Act c. Health Insurance Portability and Accountability Act d. Healthcare Insurance and Payer Accountability Act

c. Health Insurance Portability and Accountability Act

The use of animal tissue for organ transplants is called a(n) _____. a. Allograft b. Autograft c. Heterograft d. Xylograft

c. Heterograft

Which concept provides the original basis for maintaining confidentiality between patient and healthcare provider? a. Bill of Rights b. HIPAA c. Hippocratic oath d. Informed consent

c. Hippocratic oath

Which is a HIPAA Privacy Rule exceptions to the requirement that consent to release protected health information (PHI) be obtained prior to disclosure? a. Adverse events involving provider negligence. b. Contained accidental chemical exposure. c. Instances concerning victims of abuse or neglect. d. Non-violent trauma that results in emergency care.

c. Instances concerning victims of abuse or neglect.

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

c. Interferes with another's rights

The confidentiality of HIV information _____. a. Does not require disclosure to the patient that re-release of such information was performed if in the best interest of the general public b. Is protected in the same manner as any other type of protected health information, including inpatient stays and outpatient encounters c. Means a positive test result can be disclosed without prior consent to protect the public if actions are taken to protect the patient's identity d. Restricts identification of the patient tested and the reason for testing, but not results of the test, whether positive or negative

c. Means a positive test result can be disclosed without prior consent to protect the public if actions are taken to protect the patient's identity

The proper disclosure of home health care records is regulated by _____. a. Family members of the patient b. Health care facility policies c. Medicare conditions of participation d. Patient legal representatives

c. Medicare conditions of participation

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

c. Must be implemented by all facilities

Privacy refers to the right to be left alone. Confidentiality is the _____. a. Authorization to release protected health information by incompetent patients b. Ethical principle that states protected health information must be disseminated c. Obligation of a healthcare provider to prevent dissemination of patient information d. Right to control personal information, regardless of competency or condition

c. Obligation of a healthcare provider to prevent dissemination of patient information

Stark I and Stark II laws were passed because _____. a.False misrepresentations of facts that were relied upon by another were a detriment to others and a departure from reasonable use b.Increased federal scrutiny caused healthcare organizations to change their methods of operation, such as submitting false claims c.Physicians were abusing the healthcare system by referring patients to services in which they (or family members) had a financial interest d.Relators were suing on behalf of the U.S. government expressly to receive a portion of the recovered funds if the lawsuit was successful

c. Physicians were abusing the healthcare system by referring patients to services in which they (or family members) had a financial interest

Which is an example of a utilization management function? a. Emergency room triage b. Gatekeeping c. Preadmission testing d. Research protocol screening

c. Preadmission testing

Which of the following is a difference between confidentiality and privacy? a. Confidentiality is the right that all patients have to completely control access to their health information. b. Confidentiality is patients' ability to prevent access to all forms of health information from all entities. c. Privacy is the right that patients have to be left alone and to control access to their health information. d. Privacy is an institution's obligation to prevent unauthorized access to patients' health information.

c. Privacy is the right that patients have to be left alone and to control access to their health information.

HIPAA addresses genetic testing by _____. a. Allowing pre-employment screening of prospective employees prior to hiring them b. Determining insurance premiums criteria (e.g., charging higher premiums) c. Prohibiting it from being considered a preexisting condition for health insurance d. Requiring it for government employees for the purpose of granting promotions

c. Prohibiting it from being considered a preexisting condition for health insurance

Federal regulations about the confidentiality of substance abuse records _____. a. Differentiate between methadone programs and other substance abuse programs in that methadone programs are not impacted by federal regulations b. Means that violations of confidentiality regarding substance abuse records are to be reported to the United States Federal Bureau of Investigations c. Protect substance abuse patients from being more vulnerable for seeking treatment compared with substance abuse patient who do not seek treatment d. Require a minimum fine of $10,000 for a first offense for breaching the confidentiality of patient substance abuse records plus one year of jail time

c. Protect substance abuse patients from being more vulnerable for seeking treatment compared with substance abuse patient who do not seek treatment

The HIPAA Privacy Rule _____. a. Authorizes the publication of protected health information (PHI) by having subjects sign informed consents, even when a subject voluntarily participates in research b. Mandates that HIPAA regulations apply to whatever extent protected health information (PHI) may be used during research, including publication of results c. Requires that an IRB review to determine whether PHI can be used as the researcher suggests in his protocol or whether a waiver of authorization is warranted d. States that maintaining the confidentiality of protected health information is not an issue during research because all publications include the results of blinded data only

c. Requires that an IRB review to determine whether PHI can be used as the researcher suggests in his protocol or whether a waiver of authorization is warranted

Prenatal testing can cause _____. a. Defective genes b. Genetic abnormalities c. Risk to the fetus d. The control of hereditary factors

c. Risk to the fetus

Medicare conditions of participation require that home health ____. a. Patients be informed of rights prior to billing b. Records be destroyed upon patient discharge c. Staff maintain certain professional qualifications d. Treatment be provided free of charge to patients

c. Staff maintain certain professional qualifications

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

c. States may enact legislation that provides for additional patient access to records

Out-of-court statements offered to prove the truth of the matter asserted is/are called _____, a. depositions b. electronic communications c. hearsay evidence d. testimony

c. hearsay evidence

Which is the inspection and/or copying of documents or other physical evidence upon written request? a. interrogatory b. deposition c. production of documents and things d. request for admission

c. production of documents and things

ERISA Employee retirement income security act) binds an employer to _____. a.Arrange for employee life insurance, with the organization named as beneficiary b.Create a pension plan for each employee in the organization, including management c.Establish minimum standards for employee participation in a company retirement plan d.Guarantee that all employees are eligible for the same healthcare and vacation benefits

c.Establish minimum standards for employee participation in a company retirement plan

The Deficit Reduction Act requires _____. a.The actions of employees to be protected under nolo contendre so that the government is not at risk of being sued in a court of law b.Compliance programs to shield hospitals from liability for unintentional fraud and abuse on the part of its employees c.Facilities that receive more than $5 million in Medicaid reimbursement to have in place written policies and handbooks to educate staff d.That only the entity may be prosecuted for fraud and abuse, exempting individual providers and other healthcare professionals

c.Facilities that receive more than $5 million in Medicaid reimbursement to have in place written policies and handbooks to educate staff

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

c.Help develop security measures, which protect PHI

HIPAA safeguards include _____. a.Administrative and insurance b.Informational and technical c.Physical and technical d.Physical and theoretical

c.Physical and technical

A risk prevention technique that is used to protect electronic health records is _____. a.Authenticating all entries b.Destroying sensitive data c.Restricting copy functions d.Using PDAs and iPads

c.Restricting copy functions

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

c.There must be an established attorney-client relationship

Before an incident report is admitted into evidence, the document must _____. a.be reviewed by the plaintiff's attorney b.comply with attorney work product privileges c.overcome the application of privileges d.produce desired results in a court of law

c.overcome the application of privileges

Information regarding the competence and conduct of health care practitioners and providers_____. a. does not include actions against a provider's license b. excludes information regarding malpractice payments c. Is maintained by individual states of the United States d. Is reported to the National Practitioner Data Bank

d. Is reported to the National Practitioner Data Bank

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

d. PSDA

The question of whether to withdraw life support may become more complex when dealing with _____. a. Anyone who has a living will b. Guardians of children c. Individuals with DNR orders d. Patients who are incompetent

d. Patients who are incompetent

Ethical questions involved in or occurring during the period closely surrounding birth are known as _____ ethics. a. Eugenics b. Genetics c. Prenatal d. Perinatal

d. Perinatal

Which statutes a category of confidentiality protection at the state level? a. Common law liability b. Mandated redisclosure c. Professional disclosure d. Physician-patient privilege

d. Physician-patient privilege

Which of the following are subject to strict legal requirements? a. Abstract record b. Electronic record c. Paper-based record d. Records, regardless of format

d. Records, regardless of format

Which is an example of acceptable authentication of a medical record entry? a. Nurse who authenticates notes documented by another nurse who went off shift. b. Nurse practitioner who authenticates notes documented by the physician. c. Physician who authenticates reports dictated by colleagues within his practice. d. Specialist who authenticates his own dictated report electronically using a password.

d. Specialist who authenticates his own dictated report electronically using a password.

Two forms of eugenics include breeding and _____. a. Genetic testing b. Prenatal testing c. Prenatal surgery d. Sterilization

d. Sterilization

The release of mental health information is _____. a. Not allowed to be revoked by the patient or any of her family members b. Required when the facility's representative signs the release authorization c. Strictly prohibited under any circumstance, regardless of court involvement d. Subject to strict rules regarding confidentiality, pursuant to individual state laws

d. Subject to strict rules regarding confidentiality, pursuant to individual state laws

Which is categorized as a business associate, as defined by HIPAA regulations? a. Government entities b. Health care providers c. Patients and family members d. Third-party payers

d. Third-party payers

Which question is asked to establish the trustworthiness requirement as related to the admissibility of the health record into evidence? a. Did the person recording events (e.g., patient care) have knowledge of the events? b. Were the health records available at or near time the event was recorded? c. Were the health records kept during the ordinary course of business? d. Which external procedures were followed concerning access to health records?

d. Which external procedures were followed concerning access to health records?

The government's separation of powers include _____. a. division of power that allows one branch to dominate another when deemed necessary b. judicial, legislative and congressional branches headed by Congress c. a provision that each branch may exercise powers involving other branches d. a system of checks and balances that is referred to as the separation of powers

d. a system of checks and balances that is referred to as the separation of powers

Which is the unseen information that is located in common text files, such as that which can indicate when the document was created? a. data dictionary b. data virtualization c. hypermapping d. metadata

d. metadata

Conflicts of interest that appear to be inappropriate but do no harm are described as _____. a. Actual b. Advancements c. paternal d. potential

d. potential

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, and impartiality c. mentally challenged individuals or those who were once competent d. recognizing that ethical choices may result in adverse outcomes

d. recognizing that ethical choices may result in adverse outcomes

A litigation response plan is a _____. a. motion to quash b. subpoena commanding the testimony of a witness c. subpoena duces tecum commanding the production of documents d. tool consisting of policies and procedures that address how to respond to the legal process requests

d. tool consisting of policies and procedures that address how to respond to the legal process requests

Respondeat superior is associated with _____. a. comparative negligence b. corporate liability c. professional negligence d. vicarious liability

d. vicarious liability

Admissibility refers to _____. a.data that may be uncovered during investigation of a possible incident by the risk manager b.information that is always entered into evidence by the plaintiff's attorney during a malpractice trial c.the right of the healthcare facility to keep certain healthcare information confidential and private d.whether information is pertinent and proper for a jury to consider when deciding legal issues

d. whether information is pertinent and proper for a jury to consider when deciding legal issues

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

d. wrongful destruction or alteration of evidence

HIPAA Security Rules and Privacy Rules are similar, yet different, in that both _____. a.Are different names for the same regulations b.Limit patient access and control of information c.Often oppose each rule's efforts and results d.Protect information from different aspects

d.Protect information from different aspects

Anti-kickback statutes were enacted to prevent _____. a.HMO control of health care b.Overbilling of laboratory services c.Plaintiffs from filing qui tam actions d.Remuneration for patient referrals

d.Remuneration for patient referrals

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.

d.Risk management identifies areas of operational and financial loss.

For which situation would an incident report be generated? a.Decrease in blood pressure following a surgical procedure. b.Loss of a provider's parking spot to a hospital employee. c.Routine repair and maintenance of medical equipment. d.Visitor who slips and falls, but that results in no injury.

d.Visitor who slips and falls, but that results in no injury.