Fundamentals of Law Chapter 9, Chapter 10, Fundamentals of Law Chapter 8, Chapter 9 Review Questions, 250 Final

What are the 2 types of causation necessary to meet the "causation" element of negligence?

Actual and proximate

Whether or not information may be introduced formally into evidence at a trial depends on what evidentiary concept?

Admissibility

Pat Clark, a plaintiff in a legal case has been subpoenaed for a deposition. The plaintiff's attorney wishes to use his client's health record as evidence to prove his client's case. In this situation, although the record constitutes hearsay, it may be used as evidence based on the __________.

Business records exception

A pt sued Dr. Smith for negligent care. Dr. Smith produced evidence showing that the pt's poor medical outcome was due to the pt's failure to follow his treatment plan and take his prescribed medications. If the court ALLOWS the plaintiff to only recover damages to the extent he or she was not responsible for the harm, what defense has the court applied to it's final judgement?

Comparative negligence

Actual damages, which compensate a plaintiff for losses incurred, are ______.

Compensatory

What a patient discovers that a sponge has been left in his abdomen following surgery, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon in a legal document called a ______.

Complaint

When a patient discovers that a sponge has been left in his abdomen following surgery, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon in a legal document called a

Complaint

What is the legal term used to define the protection of health information in a patient-provider relationship?

Confidentiality

Privacy protection related to health information has been established in all but which one of the following ways?

Constitutional right

Auto-authentication __________.

Contradicts basic authentication standards

Record maintenance and content requirements are established in part by

Department of Health and Human Services, Joint Commission, Centers for Medicare and Medicaid Services

Which of the following statements about the "legal health record" or the "designated record set" is incorrect?

Designated record set is determined by the medical staff.

Use of EHR metadata __________.

Determine when and how a document in the EHR may have been modified

During a trial to determine whether Dr. Smith was liable for medical malpractice, Dr. Smith testified in his own defense. Legally, Dr. Smith's testimony was __________.

Direct evidence

Court orders for the production of records:

Do not require patient authorization

Which example of unethical behavior is most likely to result in severe punishment such as termination?

Falsification of employee time sheet

Susan is completing her required high school community service hours by serving as a volunteer at the local hospital. Relative to the hospital she is

workforce member

Deeming authority has been granted by the US Department of Health and Human Services to the __________.

Healthcare Facilities Accreditation Program

One of the medical staff committees at St. Vincent Hospital is responsible for reviewing cases of patients readmitted within 14 days after discharge. This review of the patients' medical records is __________.

Healthcare operations

During hospitalization, Mrs. Jones went into shock. Hot water bags and other restoratives were ordered by the attending physician. Because the temperature of the hot water bags was too high, and not checked by the nurse, Mrs. Jones suffered painful and permanent injuries. In this instance who may be sued under the doctrine of respondeat superior?

Hospital

Blake Hospital retains Barry and Associates to handle its audit functions. Some of its functions include access to PHI. Which is true about Barry and Associates?

It is a business associate because it uses or discloses individually identifiable health information on behalf of the hospital

Gwen Stone files a medical malpractice lawsuit against Dr. Hudson, alleging that he committed negligence in the treatment of her diabetes. Ms. Stone's attorney insists that Dr. Hudson cannot speak about her medical diagnoses because of physician-patient privilege. Ms. Stone's attorney __________.

Is incorrect because she placed her medical condition at issue

A legal hold __________.

Is issued by a court if there is concern about destruction of information during litigation

Under HIPAA, which of the following is not named as a covered entity?

Outsourced transcription company

When a patient's wishes are superseded by the opinion of the medical professionals responsible for their care, it could result in __

Paternalism

Which of the following exemplifies an acceptable patient record entry

Patient articulated pain level as a 6

Excusal of a juror without a stated reason is a _____.

Peremptory challenge

The best evidence rule __________.

Permits copies to be substituted in certain circumstances

A lawsuit has been filed against Pineview Hospital for bodily injuries allegedly suffered by a patient during his inpatient hospital stay. Legal counsel for the hospital believes the injuries reported in the plaintiff's complaint are exaggerated. He uses which of the following discovery methods to determine the true extent of the injuries.

Physical examination

The burden of proof in which a plaintiff must prove that it was "more likely than not" that each element of a case was met is called this.

Preponderance of the evidence

A statement made to an attorney, psychologist or clergy that is protected from being revealed, even in court, is what type of communication?

Privileged

Jeff Hill has gone to this doctor to discuss possible treatment for lung cancer, which he does not want anyone to know he has. Jeff is reasonably assured his information will be confidential based on which of the following legal concepts?

Privileged communication

A court's rules that guide a lawsuit from its beginning through it's completion.

Procedural law

Many laws address patient privacy and confidentiality. What other resources address the provider's responsibility for keeping health information private?

Professional code of ethics

Who owns the health record?

Provider who generated the information

Criminal law is a type of __________.

Public law

A scalpel was left in a pt during an exploratory laparotomy. Additional surgery was required to remove the scalpel. Based on these facts, which one of the following rules applies?

Res Ipsa Loquitur

This legal doctrine limits excessive litigation by prohibiting subsequent lawsuits about the same matters and involving the same parties once a decision has been made and all appeals have been exhausted __________.

Res Judicata

Privacy as a legal term is best described by which definition?

Right of an individual to limit disclosure of personal information

Sally Mitchell was treated for kidney stones at Graham Hospital last year. She now wishes to review her medical record in person. She has requested to review them by herself in a closed room.

Sally's request does not have to be granted because the hospital is responsible for the integrity of the medical record

What is the legal term used to describe the physical and electronic protection of health information?

Security

1. The HIPAA privacy rule __________.

Sets a minimum (floor) of privacy requirements

Which offers both civil and criminal penalties?

Sherman Act

Abbreviations in the health record_________.

Should have only one meaning

From an evidentiary standpoint, incident reports __________.

Should not be placed in a patient's health record

You are a member of the hospital's health information management committee. The committee has created a HIPAA-complaint authorization form. Which of the following items would you advise the committee to remove, as the privacy rule not require it?

Signature of the patient's attending physician

A countersignature__________.

Signifies review and evaluation of the first provider's entry

A hospital employee destroyed a health record so that its contents, which would be damaging to the employee, could not be used at trial. In legal terms, the employee's action constitutes __________.

Spoliation

When determining whether or not health records are privileged, the HIM professional should refer to which of the following?

State statutes

Legally, which of the following is the most important in determining the length of time that a hospital must retain medical records?

Statute of limitations

Period of time within which a lawsuit must be brought

Statute of limitations generally refers to:

The United States Code is __________.

Statutory law

Primarily seeks an individual's testimony

Subpoena ad testificandum

This instructs the recipient to personally appear at a deposition or in court, with documents in hand.

Subpoena duces tecum

Relevant evidence __________.

Tends to make the existence of a fact more or less probable

Augusta Clinic has requested the Furr Hospital send its health records from Helena Smith's most recent admission to the clinic for her follow-up appointment. What is true

The privacy rules minimum necessary requirement does not apply

Legal Health Record

This is the record that is disclosed upon request

Which of the following terms denotes the suspension of the start of a statue of limitations clock?

Tolling

Appellate courts hear appeals on final judgments of __________.

Trial court decisions

Verbal orders by telephone or in person are discouraged. In cases where verbal orders are necessary, which of the following is the most effective method by which the risk of miscommunication can be lessened?

The person receiving the order should read it back to ensure that the order is correct

What Act served to make electronic transactions as enforceable as paper transactions?

Uniform Electronic Transactions Act

Which Act served to make electronic transactions as enforceable as paper transactions?

Uniform Electronic Transactions Act

The HIPAA-recognized consent is a patient's agreement to

Use or disclosure for TPO purposes

When it is up to a jury to determine if a record contains errors and is untrustworthy for use in their deliberations, what concept of law are they relying on?

Weight of evidence

Jenny is completing an unpaid summer internship in the corporate compliance office of a CareNet, a for-profit organization that purchases and oversees physician practices. Jenny is a:

Workforce member

Consent that is conveyed through a person's conduct is________. a. Express b. Informed c. Unilateral d. Implied

d. Implied

Advance directives________. a. Are prohibited by federal law b. Are not legal documents, so they can be disregarded by providers and judges c. Provide a way for physicians to ensure that life-saving treatment is given, regardless of an individual's wishes d. Provide a way for individuals to communicate their healthcare wishes before they become incapacitated

d. Provide a way for individuals to communicate their healthcare wishes before they become incapacitated

Which of the following is not a required element of the Notice of Privacy Practices?

d. Statement that treatment can be refused if the notice is not signed

Under the Common Rule, informed consent for human subjects in research studies may be waived if__________.

d. The IRB approves a waiver

Which of the following statements about the "legal health record" or the "designated record set" is incorrect?

designated record set is defined by HIPAA legislation

Fiduciary duty includes

duty of loyalty and duty of responsibility

Ultra vires acts are those that

exceed a corporation's powers

Which actions related to the medical staff might raise antitrust issues

excluding entire classes of practitioners from medical staff membership

You are a member of the hospitals Health Information Management Committee. The committee has created a HIPAA complaint authorization form. Which of the following items does the privacy rule not require?

expiration date or event

Which of the following disclosures provides an individual with the opportunity to agree or object?

facility directory

Although HIPAA is not the first piece of federal privacy legislation, it is more expansive than the Federal Privacy Act of 1974, which applied privacy rules to

federal agencies

The legal health record must meet standards as defined by the following

federal regulations, state laws, accreditation body standards

Which of the following is not a HIPAA identifier

gender

A publicly held corporation

generally has thousands of shareholders

A goal of E-SIGN legislation was to

give electronic signatures in all business meetings

Authentication methods include:

handwritten signature, rubber signature stamp, electronic signature

One of the medical staff committees at St. Vincent Hospital is responsible for reviewing cases of patients readmitted within 14 days after discharge. This review of the patient's medical records is

healthcare operations

Piercing the corporate veil refers to

holding corporation owners liable for bad acts

Of the following options, a sign-in sheet at a physician's office is best described as

incidental disclosure

The legal health record

is the record that is disclosed upon request

What characterizes a corporation

it is separate from its owners or incorporators, it can sue or be sued, it can continue to exist despite an owner's death

Destruction of health records

may be a prudent business practice

Economic credentialing

may be associated with physicians who have an ownership in competing hospitals, may be based on perceived loss of loyalty by a physician, may be associated with a review of a physician's volume of cases

A personal health record

may be housed in a system that a provider owns and controls

A HIPAA authorization

may be revoked as long as its in writing

If Sheri requests a copy of her health record from a provider, per HIPAA the provider

may charge for the cost of copying

General Hospital is a 1,000 bed facility. Mercy Hospital is a 100 bed hospital. They join to form one corporation which is named General Hospital. The restructuring that has most likely occurred is a

merger

Noncompete agreements

might violate antitrust laws

Contracts

must contain an offer and acceptance

A not-for-profit corporation that is formed for a charitable purpose

must meet IRS established criteria to be tax-exempt

Today, Janet Kim visited her new dentist for an appointment. She was not presented with a Notice of Privacy Practices, is this acceptable?

no it is a violation of the HIPAA privacy rule

The HIPAA privacy rule

sets a minimum floor of privacy requirements

Abbreviations in the health record

should have only one meaning

A countersignature

signifies review and evaluation of the first provider's entry

Which is not a required element of the Notice of Privacy Practices?

statement that treatment can be refused if the notice is not signed

Legally, which of the following is the most important in determining the length of time that a hospital must retain medical records?

statute of limitations

The original goal of HIPAA Administrative Simplification was to standardize

the electronic transmission of health data

When two or more entities at different levels in a distribution chain act together to restrain trade, this is

vertical restraint of trade

A term used to describe standard contract terms is

warranty

Formal, written objections to subpoenas are often made in this.

Motion to quash

Changes to health record entries

are acceptable in certain circumstances

Bylaws

are the internal rules of an organization

The HIPAA privacy rule __________.

Both a and b are incorrect

Record maintenance and content requirements are established in part by_______.

*Department of Health and Human Services *Joint Commission *Centers for Medicare and Medicaid Services

May be issued by a party's attorney

A subpoena

Which of the following associations maintains a Code of Ethics specific to physicians?

AMA

Which of the following would be an example of a bioethical issue?

Abortion

Alex Smith is a patient of Robert Parker, a physician's assistant at Norris Clinic. A question has surfaced that regarding physician-patient privilege and who in this case has the right to waive the confidentiality of Mr. Smith's patient information. The person who can waive confidentiality is __________.

Alex Smith, patient

The concept of confidentiality applies to which of the following?

All data and information systems Automated, paper and verbal communications Clinical, financial and business records

When determining whether or not evidence should be admissible in a court proceeding, the judge may base his or her decision on applying which of the following concepts?

All of the above

In general, the Uniform Photographic Copies of Business and Public Records as Evidence Act (UPA) does which of the following?

Allows record reproductions to be admitted as evidence

In In re Quinlan, the court held that_______. a. An incompetent individual has no right of privacy to terminate treatment b. An incompetent individual has a right of privacy to terminate treatment (pg158) c. An incompetent individual's guardian cannot decide if that individual would refuse treatment d. None of the options are correct

An incompetent individual has a right of privacy to terminate treatment

A jury rendered a judgement against the defendant in a lawsuit. The defendant decided to appeal the decision. In his capacity as the appealing party, the defendant is the ______.

Appellant

A medical malpractice case is submitted to a third party rather than being resolved in the court system. The third party makes a final decision regarding the case. This process is __________.

Arbitration

Marci, a health information professional, is speaking to a high school class of potential future HIMS professionals about documentation in a health record. The students are surprised to learn from Marci that changes to health record entries __________.

Are indicative of negligent care

Conduct that places a person in reasonable apprehension of being touched in a manner that is insulting, provoking or physically injurious is called _________?

Assault

Mary has been deposed via a subpoena duces tecum. as the HIM director of General Hospital, she will bring the health record of a patient. Of the following options, what will Mary's role be?

Authenticate the record's validity

A person's right to make his or her own decision is known as __

Autonomy

Staff disagreements within the health record should be __________.

Avoided

Dr. Smith performed surgery on a pt. The planned surgery was an appendectomy, but Dr. Smith performed a second procedure as well, which the pt had not consented to. The most likely successful cause of action resulting from the second procedure is__________.

Battery

Frances, a nurse at a long-term care facility, has had a very busy day.She has not been able to write some of her entries into the paper-based records until the end of her shift. Frances knows that late entries should _________.

Be identified as a late entry

Compassion and kindness are at the center of this ethical principle.

Beneficence

This term represents the ethical issues that arise as a result of advancements in healthcare disease detection, medication intervention and enhanced treatments.

Bioethics

A health record is representative of what type of evidence?

Demonstrative evidence

A patient is treated in the emergency room for severe laceration of the foot. The pt is given written instruction by the physician to have the sutures removed in three days, which the pt fails to do. A severe infection ensues, resulting in permanent damage to the patient's foot. The pt sues the surgeon for negligence and the surgeon uses the ER record to prove what type of defense?

Contributory negligence

A pt sued Dr. Smith for negligent care. Dr. Smith produced evidence showing that the pt's poor medical outcome was due to the pt's failure to follow his treatment plan and to take his prescribed medications. If a court REFUSES to grant the pt any monetary damges because the pt's action contributed to the harm, what defense has the court applied to its final judgement?

Contributory negligence 2

A lawsuit is brought against a government in a(n) __________.

Court of claims

What is the term used most often to describe the individual within an organization who is responsible for protecting health information in conjunction with the court system?

Custodian of record

The integrity of EHR documentation is more susceptible than the paper health record to which of the following functions?

Cut and paste

Which ethical theory is based on an individual's obligation to perform tasks or take action?

Deontology

Mrs. Black's filed a lawsuit against Mr. Brown. Mr. Brown ignored the summons and complaint. Under what legal theory did Mrs. Black win the case?

Default judgment

The party that presents evidence to disprove or disprove wrongdoing is the __________.

Defendant

An environmental service employee of the hospital was called to the vascular surgery floor to clean the floor where a bag of KCl (potassium chloride) had spilled. After cleaning the floor, the employee failed to place any signs advising others of a wet floor. Mrs. Jones, a hospital visitor, fell on the wet floor and injured her back. She incurred medical expenses of $560 and lost wages in the amount of $1,000. She brought suit and the jury awarded her $1,560, representing reimbursement of the medical expenses and lost wages. What is this amount considered?

Economic Compnesatory damages

If a plaintiff incurs $30,000 in damages related to medical expenses and lost wages, what are these?

Economic compensatory damages

Authentication of a record refers to __________.

Establishment of its baseline trustworthiness

Dr. Howard is called to testify in a medical malpractice case against Dr. Dale. He testifies that, based on his expertise of the subject matter, Dr. Dale did not commit medical malpractice. In this case, Dr. Howard is an _______.

Expert witness

A goal of E-SIGN legislation was to __________.

Give electronic signatures increased legal standing

Of the following, who has ultimate legal responsibility for the quality of care rendered in a healthcare organization

Governing body

Class action lawsuits often involve _______.

Groups of consumers against large entities

Which of the following is not a federal antitrust law?

HIPAA

Because a plaintiff's objected to the defendant receiving and reviewing her medical records, the judge decided that the records would be produced directly to the court so that he could personally review them in his chambers to determine their discoverability. This process is called________.

In Camera Inspection

Which of the following is NOT a valid defense to a claim of defamation?

Information was spoken only; it was in writing

Which elements must be present in order for damages in a negligence action to be awarded?

Injury, duty of care, breach of duty annd causation

Assault and battery falls under the category of this...

Intentional tort

Dr. Huffman has been sued by a patient for a faulty hip replacement procedure. Dr. Huffman believes he did not commit an error, but that the artificial hip was defective. He brings in OrthoJoint, the manufacturer, as a defendant. The process Dr. Huffman has just completed is________.

Joinder

Mrs. Black sued Mr. Brown for failing to return the mechanics of a clock to her after he failed to build a clock case. Mr. Brown ignored Mrs. Black's lawsuit, and she won a judgement of $1,000. The court encumbered Mr. Brown's property so that, when he tried to sell it three years later, he was unable to take any profit from the sale until Mrs. Black was first paid. This collection is called _____.

Judgment lien

What is also known as case law?

Judicial law

Which of the following is issued by the court if there is concern that information may be destroyed in cases of current or potential litigation?

Legal hold

The legal proceedings that accompany a lawsuit are called________.

Litigation

Under the concept of stare decisis __________.

Lower courts look to higher courts

Destruction of health records __________.

May be a prudent business practice

A personal health record (PHR) __________.

May be housed in a system that a provider owns and controls

A subpoena ___________.

May be issued by a party's attourney

Which of the following reflects a type of Applied Ethics related to the healthcare field?

Medical ethics

What is the term used to denote a cause of action when a physician fails to perform with reasonable skill and care?

Negligence

One restriction involving diversity jurisdiction is __________.

No plaintiff can be from the same state as any of the defendants.

What type of damages have been primary targets of tort reform legislation?

Noneconomic compensatory damages

A medical malpractice appeal brought by Carol Dutt against Mercy Hospital has just concluded. The court reached a decision in favor of Mercy Hospital. The court's written determination that outlined the facts of the case and the legal theories followed to reach its outcome is a(n) __________.

Opinion

Which of the following is incorrect regarding a late entry?

The date and time referred to should not be entered as it will create confusion

An original goal of HIPAA Administrative Simplification was to standardize __________.

The electronic transmission of health data

Mrs. Lewis filed a medical malpractice negligence lawsuit against her physician. Mrs. Lewis maintains that the physician's actions caused her injuries. The physician had prescribed medication A to Mrs. Lewis, which negatively interacted with medication B, which Mrs. Lewis was already taking. The research that the physician reviewed indicated that medications A and B negatively interact with each other in approximately 25 percent of patients. Should the physician be found liable?

Yes, bc it was forseeable that the medications would interact negatively.

Champion Hospital retains Hall, Hall, and Hall, a law firm, to perform all of its legal work, including representation during medical malpractice lawsuits. Which of the following statement(s) is (are) correct?

a and d

Which of the following disclosures provides an individual with the opportunity to agree or object?

a. Facility directory

A patient signs a consent form, authorizing hospital staff to perform interventions necessary for overall medical care. This consent is___________ . a. General b. Specific c. Implied d. Oral

a. General

Comparing HIPAA to the Federal Privacy Act of 1974, __________.

a. HIPAA applies more specifically to medical information

If it is not durable, a power of attorney (POA) is effective_________. a. Only when the principal has capacity b. Only when the principal is mentally incompetent c. Only when the principal is not in control of themselves d. Only when the principal has capacity and is mentally incompetent

a. Only when the principal has capacity

Which of the following describes a responsibility of corporation's governing board members

appointing medical staff members

Mercy Hospital personnel need to review the medical records of Katie Grace for utilization review purposes (#1). They will also be sending her records to her physician for continuity of care (#2). As they pertain to Mercy Hospital, these two functions are:

a. Use (#1) and disclosure (#2)

Integrity refers to the

accuracy and completeness of information

Challenges to tax-exempt corporations operating with charitable purpose include

aggressive billing practices, insufficient charity care provided, inflated billing practices toward the uninsured

The "custodian of health records" refers to the individual within an organization who is responsible for the following action(s): Authorized to certify records Supervises inspection and copying of records Testifies to authenticity of records

all of the above

When someone is identified as an information steward, the individual is responsible for what activities? Integrity of electronic health record Protecting loss or destruction of electronic health record Security of electronic health record

all of the above

In general, the Uniform Photographic Copies of Business and Public Records as Evidence Act does which of the following?

allows record reproductions to be admitted as evidence

The minimum necessary standard

applies to both uses and disclosures of PHI

Staff disagreements within the health record should be

avoided

A physician who performs a surgical procedure on a patient without obtaining the patient's consent may be liable for________. a. Assault b. Battery c. Nonfeasance d. Negligence

b. Battery

Which of the following the "Administrative Simplification" portion of Title II of HIPAA not address?

b. Computer memory requirements for health plans maintaining patient health information

Select the statement that best describes HIPAA's stance in regard to human subjects' research and informed consent? a. HIPAA does not addressed informed consent and human subjects research b. HIPAA allows an organization's IRB to combine informed consent with authorization for use and disclosure of a research subject's health information c. HIPAA requires only one informed consent to be used in human subjects research d. None of the options are correct

b. HIPAA allows an organization's IRB to combine informed consent with authorization for use and disclosure of a research subject's health information

If a proposed medical intervention is related to a research study _______. a. Consent is not required b. Institutional review board approval is required c. Consent is only required if the risk of death is significant d. Consent is only required if there is a risk the patient will bet drop out

b. Institutional review board approval is required

Which of the following statements is true? A HIPAA authorization __________.

b. May be revoked as long as it is in writing.

The Uniform Health-Care Decisions Act (UHCDA)__________. a. Provides no legal immunity to providers b. Provides an additional option to creating advance directives c. Negates the effect of advance directives, even if they comply with the UHCDA d. Does not allow a surrogate to be appointed in the absence of an advance directive e. Provides no legal immunity to providers

b. Provides an additional option to creating advance directives

Mr. Jones has been experiencing abdominal pain. Removal of his gallbladder has been recommended. Who is responsible to obtain Mr. Jones' informed consent? a. The surgical nurse who will assist during surgery b. The physician who will be performing the surgery c. The administrator in the surgery department d. The anesthesiologist who will be administering general anesthesia

b. The physician who will be performing the surgery

A late entry into a health record should

be identified as a late entry

The end-of-life controversy in the Terri Schiavo case included___________. a. Who in a family can determine to end life support b. A dispute about how much evidence was required to determine Ms. Schiavo's wishes c. A question about the authority of legislative bodies to intervene in judicial matters d. A dispute about removing a ventilator from a mentally incompetent patient

c. A question about the authority of legislative bodies to intervene in judicial matters

State laws most likely permit a minor to consent on their own behalf for which of the following conditions? a. Tonsillitis b. Carpal tunnel syndrome c. Alcohol addiction d. Fractured femur

c. Alcohol addiction

The minimum necessary standard __________.

c. Applies to both uses and disclosures of PHI

Consent that is conveyed through spoken or written words is______. a. Implied b. Informed c. Express d. Unilateral

c. Express

Although HIPAA is not the first piece of federal privacy legislation, it is more expansive than the Federal Privacy Act of 1974, which applied privacy rules to __________.

c. Federal agencies

Mr. Smith fell off his roof while cleaning the gutters on his home and is brought into the ER comatose. He does not have the capacity to communicate consent to his treatment, thus________________. a. The staff cannot treat him b. His consent is expressed so he can be treated by the ER staff c. His consent is implied by law, so ER staff can treat him d. None of the above

c. His consent is implied by law, so ER staff can treat him

Of the following options, a sign-in sheet at a physician's office is best described as __________.

c. Incidental disclosure

Informed consent requires informing the patient of all of the following except______.

d. Hospital charges versus amount covered by insurance

Blake Hospital retains Barry and Associates, an accounting firm, to handle its audit functions. Some of its functions include access to PHI. Which of the following statement(s) is (are) true about Barry and Associates?

c. It is a business associate because it uses or discloses individually identifiable health information on behalf of the hospital.

Today, Janet Kim visited her new dentist for an appointment. She was not presented with a Notice of Privacy Practices. Is this acceptable?

c. No. It is a violation of the HIPAA Privacy Rule.

Laws that require drivers to consent to blood alcohol tests, with penalties for refusal, exist to___________.

c. Protect the public

When a competent adult refuses to consent to lifesaving treatment, the two competing sets of interest that come into play are the individual's privacy interest and _____________

c. The government's interest in protecting and preserving human life

A physician has been found to have breached his contract with a patient through abandonment. As a remedy, the court may order

compensatory damages

Which of the following doesn't the "Administrative Simplification" portion of Title II of HIPAA address

computer memory requirements for health plans maintaining patient health information

Which of the following is not an element that makes information PHI under the HIPAA privacy rule?

contained within a personnel file

Auto-authentication

contradicts basic authentication standards

What is an artificial being created per state statutory authority

corporation

Which is not a required element for piercing the corporate veil?

corporation of a not-for-profit entity

Which of the following characterizes a join venture

created for a specific purpose and designed to have a limited lifespan

An error in a paper health record should be

crossed out so that it can be seen but not relied on

The integrity of EHR documentation is more susceptible than the paper health record to which of the following functions?

cut and paste

A do-not-resuscitate order________.

d. All of the options are correct

The Uniform Anatomical Gift Act__________. a. Promotes consistency among state laws b. Provides suggested standards for all aspects of organ donation c. Includes an opt-in system for organ donation d. All of the options are correct

d. All of the options are correct

Emancipated minors are defined as those who have____________. a. Reached age 17 b. Gotten married c. Disowned their parents d. Been afforded legal status as an adult

d. Been afforded legal status as an adult

In the Cruzan case, the Missouri Supreme Court held that no one can make end-of-life choices on behalf of an incompetent person without_________.

d. Clear and convincing evidence

A living will ________. a. Enables another to make healthcare decisions for an individual b. Is written when an individual is alive, but applies when the individual dies c. Always takes precedence over a durable power of attorney for healthcare if both exist d. Expresses an individual's healthcare wishes when specific health conditions exist

d. Expresses an individual's healthcare wishes when specific health conditions exist

Under HIPAA which of the following is not named as covered entity

outsourced transcription company

Which of the following exemplifies an acceptable patient record entry?

patient articulated pain level as a 6

A non-for-profit corporation may

pay reasonable salaries to its employees

Per the HIPAA privacy rule, a hybrid entity is defined as one that

performs both covered and non covered functions under the privacy rule

Verbal orders by telephone or in person are discouraged. In cases where verbal orders are necessary, which of the following is the most effective method by which the risk of miscommunication can be lessened?

person receiving the order should read it back to insure order is correct

In the "learned intermediary" defense used by HIT vendors, who is the learned intermediary

physician

Mercy Hospital personnel need to review the medical records of Katie Grace for utilization review purposes. They will also be sending her records to her physician for continuity of care. As they pertain to Mercy Hospital, these two functions are

use and disclosure

The HIPAA recognized consent is a patient's agreement to

use or disclose for TPO purposes