healthlawfinalcombined
_____ is a harder determination than biological death.
"Brain death"
What does respondeat superior translate to?
"Let the master answer"
Examples of ___________ ? extreme offenses such as HIPAA violations and embezzlement
"grounds for immediate dismissal"
Res ipsa loquitur?
"the thing speaks for itself"; clear evidence of negligence
What is the financial penalty for category 2 HIPAA violations?
$1,000 - $50,000 per violation
What is the financial penalty for category 3 HIPAA violations?
$10,000 - $50,000 per violation
What is the financial penalty for category 1 HIPAA violations?
$100 - $50,000 per violation
What are the two most common services involved with the conscience clause?
- Abortion - Euthanasia
Two examples of felonies?
- Assault - Battery
What does CHEDDAR stand for?
- Chief complaint - History - Examination - Details - Drugs and doses - Assessment - Return to office
Two sources of medical codes of ethics?
- Hippocratic Oath - American Medical Association (AMA)
Types of jurisdiction? (2)
- In personam - In rem
What are the two types of consent in healthcare?
- Informed - General
What are the two types of defamation?
- Libel (written) - Slander (spoken)
Criminal law includes which two types of crime?
- Misdemeanors - Felonies
What are the two states that require all persons to report child abuse?
- New Jersey - Wyoming
What does SOAP stand for?
- Subjective - Objective - Assessment - Plan
Most healthcare cases involve which two aspects of civil law?
-Negligence -Malpractice
What is the most common length of time medical records are stored?
10 years from final entry
which patient could probably receive a blood transfusion without consent if the physician obtains a court order
17 yr. old female whose parents refuse a transfusion
In 2015, how much did the United States spend of its Gross Domestic Product on healthcare? 10% 18% 25% 40%
18%
When was the American Medical Association enacted? Updated?
1847, updated in 2001
CLIA was implemented in?
1988
When was the Americans with Disabilities Act enacted?
1990
Under which of the following circumstances should a postmortem be requested? A 90-year old man's family requests a postmortem to be done. A 54-year old woman is found dead in a nursing home after being diagnosed with pneumonia 2 week earlier. A 75-year old man has chest pains and dies of a heart attack at the emergency department. A 32-year old man dies of a gunshot wound at the emergency room.
A 90-year old man's family requests a postmortem to be done. A postmortem, or an autopsy, will be requested if an individual die under suspicious circumstances. Or, in the absence of suspicious circumstances, a postmortem may be performed with the consent or request of the surviving next of kin.
Which of the following is an example of an Electronic Health Record (EHR)? A medical assistant taking vital signs of a new patient A physician reviewing a nurse's notes in a medical chart All of the options A family physician sending lab results to an endocrinologist
A family physician sending lab results to an endocrinologist An Electronic Health Record (EHR) is a clinical documentation that is electronic but collected beyond one healthcare provider. EHR are designed to be shared with other healthcare providers for other authorized users to instantly access a patient's medical records through the EHR system.
Why is it wise for physicians and never destroy a record?
A lawsuit may occur after the record is destroyed.
_____ specifies what types of medical treatments are desired. Can be general or very specific.
A living will
HIPAA
A patients right to confidentiality is covered by this.
Fraud is committed when
A physician bills and insurance company for services not rendered
Which is true regarding employment-at-will? A written contract will automatically invalidate the state's employment-at-will law. It allows the employer to terminate the employee at any time. Most states have employment-at-will laws. It allows the employee to discontinue employment at any time.
A written contract will automatically invalidate the state's employment-at-will law. An employment-at-will is designed so that either party may discontinue the employment agreement at any time. Almost every state recognizes employment-at-will employment, although many states place limitations on it. These may be found and even presented as a contract, especially for per diem or temporary employee.
_________ = reckless disregard or conduct that goes against acceptable business and/or medical practices resulting in greater reimbursement
Abuse (criminal) in healthcare
Is a physician receives rewards from a drug manufacturer to prescribe their drugs, it's considered
Abusive privileges, kick back, and a violation of the stark laws
_________ and ________ Healthcare Among high-income countries: - United States ranks last in health outcomes and performance - Lowest life expectancy and birth and highest infant mortality - Highest prevalence of chronic diseases Why? - Many reasons, but the key one is ____________.
Accessible and Affordable; cost of care
____, also known as "smoothing" or "giving in," is the opposite of competing.
Accommodating
____ is conscious use of lethal substances or forces.
Active euthanasia
What does constitutional law do?
Addresses the relationship between individual and the government
____ are written documents that detail the treatment preferences and designation of an alternate decision maker if that becomes necessary.
Advance directives
_____ allow competent patients to guide healthcare decisions in the event they cannot participate in medical decision making.
Advance medical directives
(Defenses for Malpractice) ____________ = Outcome caused by other factors beyond alleged negligence. Denial of negligence.
Affirmative defense?
_______________: - First major healthcare reform to address affordability since the creation of Medicare and Medicaid in 1965 - Prohibited insurers from denying coverage for pre-existing conditions - Subsidized premiums - Provided incentives to businesses to provide benefits - Encouraged states to create health insurance exchanges - Extended coverage for children up to age 26 - Extended Medicaid coverage for low-income individuals - Provided subsidies to health insurance exchanges that cover individuals with incomes below a certain level - Insurance companies now must manage costs for people with pre-existing conditions and cover entirety of preventative care - Has led to an increase in insurance premiums - Some politicians have fought to repeal and replace the ______ especially Congressional Republicans - Repeal and replace was a campaign pledge of Donald Trump in the 2016 Presidential election.
Affordable Care Act (ACA); ACA
This health care provider is bound to protect the confidentiality of the medical record:
All healthcare personnel.
According to the Healthcare Information and Management Systems Society (HIMSS), the benefit of EHR interoperability is data exchange can be received without having to interpret. data is preserved and is unaltered when exchanged. EHR systems can interface so patient information can be easily exchanged. All of the options
All of the options
Which of the following insurance plan may use a "gatekeeper" to control costs? HMO MCO PPO All of the options
All of the options
Which of the following provides guidance for the healthcare organization and staff to ensure compliance and that policies are followed? Compliance plan Employee handbook Office of Inspector General All of the options
All of the options An employee handbook and compliance plan provide written sets of policies and procedures for organizations and employees to follow. Additionally, the Office of the Inspector General offers guidelines on how to create and implement a compliance program for individual and small group physician practices and larger healthcare organizations.
A patient files a lawsuit against a physician for malpractice after the patient suffered complications from a procedure. To determine that there was a breach of standard of care, which of the following must be met? All of the options The patient suffered damage or harm as a direct result of the procedure. The physician was not adequately trained to perform the procedure. The physician did not perform the procedure as standard practice.
All of the options Malpractice requires proof of a breach of a standard of care, and the breach must cause damage or harm. The standard of care in a medical malpractice case is: the type and level of care an ordinary, prudent, healthcare professional, with the same training and experience, would provide under similar circumstances in the same community.
Which of the following healthcare professional is authorized to sign a Certificate of Live Birth? All of the options The nurse in the delivery room The patient's obstetrician A midwife who assisted in the birth
All of the options The reporting and documentation of births for a Certificate of Live Birth is the responsibility of the healthcare provider assisting with the birth. It may be signed by the physician, healthcare provider, or any other person in attendance at the birth, including a midwife, who can certify that the infant was born alive at the place and time on the record.
Define professionalism
All the behaviors of the individual.
________________________ Shortage: - May be even greater than shortage of physicians and nurses - Employment in the healthcare industry expected to grow to 19.8 million by 2020 with many jobs in ___________ - Innovative healthcare deliver models tend to depend on ___________ to coordinate care.
Allied Health Professional; allied health; allied healthcare staff
____________ operate as paid employees or outside contractors.
Allied health professionals
Induced pluripotent stem cells? (iPSCs)
Altered specialized stem cells in adults that create a new type of stem cell
(Defenses for Malpractice) __________ = Mediation or arbitration
Alternative dispute resolution
______ is settling disputes by means other than litigation. It is less costly and quicker than litigation. It is focused on problem solving.
Alternative dispute resolution
______________ = More encompassing, contemporary code of medical ethics vs the Hippocratic oath.
American Medical Association
What does the ____________ do? prevents discrimination because of disability in pursuit of emplacement, education, or access to public places; individuals must receive reasonable accommodations if necessary
Americans with Disabilities Act (ADA)
If a coder consistently put the wrong code on a claim, it's considered
An infraction
Example of a ___________ violation? encouraging Medicare patient to take a drug because the physician gets a benefit from the manufacturer
Anti-Kickback Statute
Four penalties for violating the _________? - Up to $25,000 fine - Felony conviction - Up to 5 years in jail - Exclusion from participation in federal programs
Anti-Kickback Statute
__________ = Federal law that prohibits exchange or offer to exchange anything of value in an effort to induce or reward business referral in federal healthcare program
Anti-Kickback Statute
___________ = a set of routines, protocols, and tools for building software applications and specifies how software components should interact.
Application Program Interface (API)
________________ = Ethical policies applied to a specific issue or circumstance. Usually categorized by organization or profession.
Applied eithics
If a physician and patient need a controlled, structured setting, they may wish to try which of the following? Mediation Negotiation Arbitration Communication
Arbitration
_____ is the process of resolving issues in a conflict in a more structured setting, similar to formal litigation. Can result in damages being awarded, interest, attorney's fees, and punitive damages. May be binding or nonbinding.
Arbitration
What usually precedes battery?
Assault
_____________ = Placing someone in immediate fear of a harmful touching without consent. Person must be aware or fearful.
Assault
___________ = two or more providers share office staff, space, and overhead expenses (not profits).
Associate practice
(Defenses for Malpractice) __________ = Plaintiff was aware of the risks and accepted them. Medical record is the best defense. Does not prevent liability in the case of reckless or intentional actions.
Assumption of risk
In this type of defense, the medical record plays the largest part of the defense.
Assumption of risk
______, or withdrawing, is a colon response to the negative perception of conflict.
Avoiding
__________ = Harmful or offensive touching without consent or justifiable reason.
Battery
___________ = Type of applied ethics. Studies ethical dilemmas related to medicine, medical research, and science.
Bioethics
________ must be approved by? - FDA - AMA - Department of Health and Human Resources
Blind studies
____________ = Patients do not know whether they are receiving the placebo or the new agents
Blind study
__________________: - Legislative - Executive - Judicial
Branches of government
________ = Public revelation of confidential or privileged information without consent
Breach of confidentiality
At the federal level, who mandates that communicable diseases are reported? OSHA CMS DHHS CDC
CDC
______ = covered entity; any healthcare plans, healthcare clearinghouses, and healthcare providers who electronically transmit any health information
CE
What is the __________? More detailed way of organizing documentation/notes than SOAP format
CHEDDAR format
Which law can be waived under certain circumstances?
CLIA
Which law can be waived under certain circumstances? Patient's Bill of Rights EMTLA OSHA CLIA
CLIA
_______ regulates: - All laboratory facilities for safety and specimen handling - Accuracy and timeliness of testing
CLIA
A medical biller copies and then sells patient's medical information. What would be the HIPAA violation category and the penalty for each violation? Category 1, $50,000 each violation Category 2, $10,000 to $50,000 each violation Category 3, $10,000 to $50,000 each violation Category 4, $50,000 each violation
Category 4, $50,000 each violation This is a case of willful neglect, where no attempt was made to correct the violation, or a HIPAA Category 4. The penalty would be a minimum of $50,000 for each violation.
How does the ________________ affect healthcare - two ways? - Protects patients from discrimination in healthcare - Healthcare providers are also prohibited from denying services based on ability to pay
Civil Rights Act and Equal Employment Opportunity Act
___________________________ = Landmark legislation that required that all persons be treated equally and be given the same opportunities for employment and advancement
Civil Rights Act and Equal Employment Opportunity Act?
A woman is denied a job because she is pregnant. This would be a violation of which law? Family Medical Leave Act Civil Rights Act of 1964 Equal Employment Opportunity Act of 1972 Equal Pay Act of 1963
Civil Rights Act of 1964 The Pregnancy Discrimination Act of 1978 amended the Civil Rights Act and prohibited discrimination based on pregnancy and other related medical conditions.
Violations of the Stark law include?
Civil penalties: fines up to $15,000 per claim
________ = Written set of rules and regulations created by the legislature. Not case-by-case analysis and interpretation like common law is. Louisiana uses this.
Civl code
If you choose not to renew a policy as of June 30th, and a claim is made against you on July 30th for an incident that occurred on June 30th. According to your policy, you are not covered. This is what type of policy? Tail coverage Occurrence-basis Claims-made Prior acts
Claims-made
CLIA stands for?
Clinical Laboratory Improvement Act
An employee handbook does not outline:
Co worker responsibilities.
_______________/______________ = Policy by which all employees must abide. Core values of the organization or profession
Code of ethics/code of conduct
_____ is mandated by local and state health departments and the CDC.
Coding
The physician starts the morning yelling at the entire staff and then yells at a referring physician for not sending over a report. The nurse manager thinks the physician may be having issues at home. This is an example of which type of conflict response? Emotional Cognitive Physical All of the options
Cognitive Cognitive responses are our ideas and thoughts about a conflict, often present as our inner voice or internal observer during a situation.
____ are thought and ideas about a conflict. It is inner voice/internal observer.
Cognitive responses
____ is the pooling of individual needs and goals toward a common goal.
Collaborating
Other __________ Payers - Include self-insured models - Example: Employee Welfare Benefit Plan under the Employment Retirement Income Security Act (ERISA)
Commercial
__________ ethical model = Focuses solely on the facts, and does not speak with the patients. Decisions are based on logic and codes and standards.
Committee
Which of the following develops from decisions previously made by courts, or precedents, and is binding on all lower courts?
Common law
(Defenses for Malpractice) ____________ or __________ = Action or inaction of the plaintiff was a contributing factor in damages incurred.
Comparative negligence or contributory negligence
________ = financial loss
Compensatory damages
_____is a style in which an individual's own needs are advocated over the needs of others.
Competing
____________ ensure policies and procedures are being obeyed and violations are addressed appropriately.
Compliance officers
__________ = Written set of policies and procedures for how an organization will operate and conduct itself in an ethical and compliant manner
Compliance plans
______ is an approach to conflict in which people gain and give in based on a series of trade-offs.
Compromising
The store manager and the pharmacist disagree on which vendor they should choose. They both want their own chosen vendor but they end up choosing a third vendor. Which type of conflict style is this? Compromising Collaborating Competing Avoiding
Compromising Compromising is an approach to conflict in which people gain and give in based on a series of tradeoffs. Although seemingly satisfactory, compromise is generally not satisfying. Although there was a resolution, each party did not ultimately get what it wanted and did not necessarily make efforts to understand the other party.
If a hospital performs clinical testing and does not comply with CLIA, what policies might it be violating?
Conditions of Participation for Hospitals and Laboratory Services Clinical Laboratory Improvement Act Occupational Safety and Health Act **All of the options
____ can be valuable when managed properly.
Conflict
_____ is more than disagreement. It is an internal struggle resulting from incompatible or opposing needs, drives, wishes, or external or internal demands.
Conflict
______ is a perceived threat to an individual's needs, interests, or concerns because of a disagreement.
Conflict
_____ is long-term management of disputes and conflicts that may or may not lead to resolution.
Conflict management
______ is the process of resolving disagreement in a constructive manner.
Conflict resolution
________ = Refusal to perform a legal role or duty due to personal beliefs
Conscience clause
Disciplinary action
Consequence that is levied against a legal or ethical violations
_________ = requires providers to be upfront about fees and finance charges
Consumer Credit Protection Act (1968)?
A man is killed by a gunshot wound. Who should sign his death certificate? Any of the above Forensic pathologist Coroner Physician
Coroner A coroner or a medical examiner would complete the death certificate in the following cases: a criminal act, such as a homicide; a lack of an attendance at death; a patient found dead at home; accidental deaths; suicides; the cause of death is unknown; and when a postmortem needs to be performed.
An example of disciplinary action for a minor infraction
Corrective action plan
___________ Sharing: - _______ of building, utilities, staff, benefits, insurance, equipment etc is benefit to working with multiple providers - Working in a group practice can reduce the financial risk and pressure on individual physicians
Cost; Costs
What is the controversy surrounding surrogate motherhood?
Could lead to a custody battle
Why are financial incentives for living organ donation illegal?
Could lead to coercion or misuse
A man is brought into the emergency department with a brain hemorrhage. He is unable to make medical decisions and does not have any type of advance directive. Who would be the first legally designated person to be contacted to represent him? Adult child Spouse or domestic partner Adult sibling Court-appointed guardian
Court-appointed guardian In the case of an individual who does not have any type of advance directive or is physically or mentally unable to communicate their wishes, the following people, in order of priority, are legally authorized to make healthcare decisions for the individual: court-appointed guardian or conservator; spouse or domestic partner; adult child; adult sibling; close friend; or nearest living relative.
The __________ also prohibits services to: - Defraud a healthcare benefit program - Obtain (by means of false or fraudulent pretenses, representations, or promises) any of the money or property owned by, or under the control of, any health care benefit program
Criminal Healthcare Fraud Statue
__________ = Violations against society based on criminal statues or code
Criminal law
All the following licensed healthcare providers may prescribe medication except DOs. psychiatrists. DCs. MDs.
DCs. Licensed medical doctors (MDs) and doctors of osteopathy (DOs) are authorized to prescribe medication. A psychiatrist is a medical doctor that specializes in mental health and able to prescribe medication to patients. Doctors of chiropractic (DCs) may provide patient care but are not authorized to prescribe medication.
Physician or staff member writes ___ based on advance directive or living will.
DNR
What are the only two treatments affected by ________? - Intubation - CPR
DNR orders
_____ is a permanent ending of all biological functions that sustain a living organism.
Death
_________ = wrongfully damaging a person's repuation
Defamation
_____________ = person or entity who is sued and defending against allegations
Defendant
(Defenses for Malpractice) __________ = Allegations are entirely false. Defendant asserts innocence.
Denial
What governmental body does the office of the inspector general operate under?
Department of Justice
A surgeon amputates the wrong leg. This would meet which of the following conditions for malpractice? Direct cause Damages Duty Dereliction or breach of duty
Dereliction or breach of duty The four legal conditions must be established in a case of malpractice: duty, dereliction of duty, direct cause, and damages. A dereliction of duty, or breach, occurs when one party or parties has a duty of care toward another party or parties, but fails to live up to that reasonable care or standard. The surgeon had a duty to amputate the correct leg but did not.
What does the legislative branch do?
Develop statutory law
What does the judicial branch do?
Develops and interprets statutory law
___________ must show damage or loss was directly related to the negligent act.
Direct cause
_________ of blind study? Placebo patients are not receiving medication for a significant period of time
Disadvantage
____________ = a law that states that the statute of limitations does not begin until the discovery of the injury
Discovery rule
Its a company treats to employees differently for the same infraction it's considered
Discrimination
_____ is personal conduct that affects or potentially may affect patient care in a negative way.
Disruptive behavior
____ is the patient's wishes to not undergo CPR or advanced cardiac life support (ACLS).
Do-not-resuscitate (DNR) order
_________ clinical model steps: -Gather information (patient condition, things that may complicate the case) -Clarify ethical issue (ramifications) -Resolve the dilemma, include patient if mentally competent
Dr. Bernard Lo
All are types of employment protection laws except Patient Protection and Affordable Act. Due Process Act. Occupational Safety and Health Act. Family Medical Leave Act.
Due Process Act. The US Department of Labor, in coordination with state labor departments, enforces over 180 employee protection laws. These include the Family Medical Leave Act, the Patient Protection and Affordable Care Act, the Occupational Safety and Health Act, and the Americans with Disabilities Act.
Following policies and procedures through every step before termination, and documenting that such steps were taken is called
Due process
What three categories of advance medical directives are there? - Living will - Healthcare proxy - ___________ of attorney
Durable power
_____ allows individual to execute legal documents. Different individuals can be designated for specific affairs.
Durable power of attorney (DPOA)
______ = Existence of a legal responsibility to provide care
Duty
_____________ = Obligation of the individual to fulfill his or her responsibilities
Duty-based ethics
Two __________ guidelines on Sexual Harassment? - Victim should make it clear that the actions are unwanted - If the harassment does not stop victim should inform management
EEOC
According to the HIPAA Security Rule, all the following must be included in an EHR system except EHR interoperability. antivirus software. firewalls. data breach software.
EHR interoperability. The HIPAA Security Rule requires appropriate administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and security of PHI. Security measures such as firewalls, antivirus software, and intrusion detection software must be included in all EHR systems. EHR interoperability allows for sharing of PHI with other EHR systems and is not a part of the HIPAA Security Rule.
______ Transition and Adoption: - HIPAA required transition of all records to ______ - As of 2016, 95%+ of hospitals have achieved meaningful used - Some primary care clinics and specialty practices still have not transitioned - Challenges to implementation include: cost, minimal clinical engagement and feedback
EHR; EHR
What are ________? Electronic Health Records; electronic clinical documentation; includes multiple providers; designed to be shared and allow instant access for authorized users
EHRs
What are __________? Electronic medical records; digital version of paper chart, contains all information from one healthcare provider
EMRs
_______ = requires emergency rooms to provide appropriate medical screening to patients seeking treatment
EMTALA
What does EMTALA stand for?
Emergency Medical Treatment and Active Labor Act
(Defenses for Malpractice) ___________ = No liability absent intentional or reckless misconduct. Emergency Medical Treatment and Active Labor Act (EMTALA): requires that patients in an emergency department be stabilized and treated regardless of ability to pay
Emergency care
__________ = Ability to perceive, understand, reason with, manage emotions. Applies to both the individual's emotions and other's.
Emotional intelligence (quotient)?
_____ are often misunderstood feelings we experience in conflict.
Emotional responses
What is provided by an individual's employer to provide resources to help a patient overcome addiction?
Employee Assistance Programs (EAP)
___________ may include what four things? - Performance improvement plan - Fines, possible imprisonment - Termination of employment - Loss of license
Employment consequences
A physician is looking for the most affordable way to continue her solo practice. Which of the following steps can she do? Ensure she has a professional corporation. Join a corporate group, such as a HMO. Join a group practice. Hire a nurse practitioner to increase the number of patients seen.
Ensure she has a professional corporation. Professional corporations are structured for physicians in solo practices. An advantage is the ability to run the practice based on the way one wants and without question from a partner or associate. However, the financial risk is higher since overhead costs are not being shared by other physicians.
_____________: -Seven-step -Dr. Bernard Lo's clinical model -Committee
Ethical models
____________ = values that influence human behavior. a sense of right and wrong
Ethics
____ can be voluntary, nonvoluntary, and involuntary.
Euthanasia
____ is extremely controversial and has been debated for decades.
Euthanasia
This branch of government establishes agencies to enact administrative law.
Executive
What does the ______________ do? - Enforces laws - Proposes legislative action - Vetoes or approves laws
Executive Branch
Who makes up the _____________: -President and his cabinet - Governor - Agencies that develop administrative law (OSHA)
Executive Branch
______ is the process by which a third party, a facilitator, assists in the resolution of the dispute. Every participant is equal and affects the process.
Facilitation
____________ = requires prompt written response to billing complaints and investigation of errors
Fair Credit Billing Act
__________ = prohibits inaccurate information on credit reports
Fair Credit Reporting Act
________ = prohibits deceptive or abusive practices in the collection of consumer debts
Fair Debt Collection Practices Act
________ = Federal law that criminalizes individual or organizations knowingly creating a false record or submitting a false claim to a federal government payer.
False Claims Act?
_______ = allows a private citizen to sue and individual or business who is committing fraud against the government
False claims act
________ = must be what two things? - Within a specific area by means of physical barrier, force or threat of force - Person must be aware of confinement
False imprisonment
___________ = Unlawful detention of a person
False imprisonment
_________ = requires employers with 50+ employees to allow 12 weeks of unpaid leave for certain circumstances
Family Medical Leave Act
Why are statutory reports required in the healthcare field? So the government can keep track of individuals For statistical data For the welfare of the general public All of the options
For the welfare of the general public
Using the SOAP format, this is an assessment:
Foreign object in left eye.
Serious violence is ____ times more likely in a healthcare setting than any other place of employement (according to OSHA)
Four
Down coating can be considered
Fraud
__________ = Intentional act to misrepresent facts or mislead in order to gain financially
Fraud (criminal)
__________ = intentional misrepresentation, deception, or intentional act of deceit for the purpose of receiving greater reimbursement
Fraud (criminal) in healthcare
Do employers have liability when it comes to independent contractors?
Generally, no
(Defenses for Malpractice) __________ = Provide protection to those who assist someone who is injured or in danger. Medical professionals who respond in good faith in an emergency. Developed to protect against litigation in emergencies. Healthcare professionals are not required to provide assistance if they have no prior relationship.
Good Samaritan laws
Types of ___________: - Medicaid - Medicare - TRICARE
Government Carriers
_______ = natural response to any significant loss
Grief
Benefits of __________: - Limits liability - Protects assets - Shares risks - Coverage for illness or vacation
Group Practice
___________ = Corporate structure - many different varieties. Share benefits and profits.
Group practice
________ for healthcare workers - Exacerbates the shortage - Population continues to grow - "Baby boomer" generation aging and living longer
Growing demand
As a result of increased use of computers in the health care setting, the following was established to decrease the potential for breach of confidentiality:
HIPAA
Laws pertaining to medical records security:
HIPAA
as a result of increase use of computers in the healthcare setting; following was established to decease breach conf.
HIPAA
What are the four categories of _____________? - CE unaware of violation and could not have avoided - CE should have been aware of violation but could not have avoided it - Violation is a result of "willful neglect" but an attempt has been made to correct the violation - Violation constituting "willful neglect" with no attempt to correct the violation
HIPAA violations
_______ Compliance: - Safeguarding Protected Health Information (PHI) is a key standard within _____ - EHR systems must be designed to share PHI while protecting confidentiality and the patient's right to privacy - EHR systems must include firewalls, antivirus software, and intrusion detection software - Growing concern that preservation of privacy will lose ground to convenience - As of October 2016 - more than 25 million records breached
HIPAA; HIPAA
Adoption and Innovation in _________________: Benefits: - Increased accessibility of treatment - New tools and innovations for healthcare professionals - Reduced administrative burdens - More transparency and patient autonomy Challenges: - Changes come slowly - High financial and labor costs
Health Information Technology
______________ was designed to do what four things? - Protect privacy of sensitive patient information - Combat fraud in the healthcare industry - Simplify administration of health insurance - Promote use of medical savings plans for employees
Health Insurance Portability and Accountability Act of 1996
_________________: - Common type of Managed Care Organization (MCO) - Healthcare services offered by a network of providers - Members covered if they visit participating providers in that plan - Requires a Primary Care Physician (PCP) who authorizes all referrals, hospitalizations, tests, etc. - Usually have lower premiums and fewer overall costs to insured (but less control and less choice)
Health Maintenance Organizations (HMOs)
Which of the following plan does not require a coinsurance? Fee-for-service plan Preferred provider organization (PPO) Health maintenance organization (HMO) Indemnity plan
Health maintenance organization (HMO) All the above plans require a copay, health maintenance organizations (HMOs) do not require coinsurance.
_____ is a surrogate decision maker in regards to advance medical directives.
Healthcare proxy
______ designates another person to make healthcare decisions.
Healthcare proxy
____________ = Pledge to prescribe only beneficial treatments according to their abilities and judgment, to refrain from causing harm or hurt and to live an exemplary life
Hippocratic oath
Healthcare wise, when does trespass to land most often occur?
Home healthcare
_____ provides a peaceful, symptom-free, dignified transition to death for patients whose diseases have progressed beyond a cure or treatment.
Hospice
______ = Organization or program involving a multidisciplinary group of medical professionals available to aid in support of the terminally ill and their families
Hospice
______ provides palliative care for patients in late stages of terminal illness.
Hospice
What is the goal of the __________? Identify, treat, and/or prevent diseases and disorders that are genetically transmitted.
Human Genome Project
___________ = An international collaborative effort to map and sequence the DNA of the entire human genome.
Human Genome Project
Eight __________ interview questions? - Age - Religion - Race/color - Children/Daycare issues - Height and weight (except in connection with certain equipment restrictions) - Disability (except to ask if there is a physical impairment that would prevent the candidate from performing the position) - Arrest record (except felony conviction) - Maiden name
Illegal
_______ = court has jurisdiction over the person
In personam
____________ = court has jurisdiction over the property or thing itself
In rem
A compliance plan is used to
Inform the employee of potential measures to be taken when company policies are violated.
___________ = Healthcare provider discloses appropriate information to a competent patient. Patient can then make a voluntary choice to accept or refuse treatment.
Informed consent
Example of battery in the medical field?
Inserting an IV or performing an injection without consent
Hospitals and federally funded facilities must establish what in order to conduct a blind study?
Institutional review board (IRB)
Actions that show respect for human dignity, such as being honest and putting the patient first, reflect which of the following principles?
Integrity
Actions that show respect for human dignity, such as being honest and putting the patient first, reflect which of the following principles? Integrity Justice Beneficence Nonmaleficence
Integrity
___________ = If a person has knowledge of probable results of action, person has intent. Person must meet all elements of tort to be liable.
Intent
It's an insurance carrier finds an error, they look for
Intent of the error
Early tracking of diseases and illnesses lead to the creation of what?
International Classification of Diseases (ICD)
EHR ____________: - Ability of an EHR system to exchange data with other EHR systems - Currently still limited because of technology and HIPAA compliance requirements - Important for EHR systems to interface or communicate and function together - Must establish a common application program interface (API)
Interoperability
Appeals can only dispute ______ not _____.
Interpretation of the law not facts
__________ = Pretrial set of written questions that must be answered in writing under oath and returned within a given time frame.
Interrogatory
______________ and abuse tends to do what two things? - Occur in cycles - Escalate in severity over time
Intimate partner violence (IPV)
All the following are true of euthanasia except Voluntary euthanasia is illegal in the United States. It is a means of ending a life to relief pain and suffering. Involuntary and nonvoluntary euthanasia are illegal. There are passive and active methods of euthanasia.
Involuntary and nonvoluntary euthanasia are illegal. Euthanasia refers to the practice of intentionally ending a life to relieve pain and suffering through medical means. Euthanasia may be classified into three types: voluntary, nonvoluntary, and involuntary. Voluntary, nonvoluntary, and involuntary euthanasia can all be further divided into passive or active. Voluntary euthanasia is legal in some countries and US states. Nonvoluntary and involuntary euthanasia are illegal in all countries.
__________ = Conducted against wishes of patient or patient's surrogate decision maker.
Involuntary euthanasia
Major ______ and _______ in the Healthcare Industry: - Transition to Electronic Health Record - HIPAA compliance in an electronic environment - Adapting to innovations in health information technology - Improving access and affordability in healthcare - Shortage of healthcare professionals
Issues and Challenges
If its not documented:
It did not happen!
What is the best reason to carry a professional liability policy? It saves the physician money. It ensures that the insurer maintains loyalty to its policyholders. It is inexpensive. It is guaranteed payment of liability claims.
It ensures that the insurer maintains loyalty to its policyholders.
This is true about CLIA
It is a group of laws.
Which statement is true about a Certificate of Live Birth? All of the options It is filed at the local county. It is an official verification of a live birth. It is a birth certificate.
It is filed at the local county. The Certificate of Live Birth is filed with the registrar of the local county, usually within a year of the birth, and is considered an unofficial birth certificate. While the Certificate of Live Birth shows that the baby was born medically alive, the birth certificate is the official record declaring a live birth of the baby.
How can a lost medical record be damaging to a physician?
It may look like an attempt to hide the record in a lawsuit.
The ______ requires healthcare organizations to establish polices and procedures for conflict management.
Joint Commission
An ethics committee that decides the allocation of organ for transplants must rely mostly on which ethical principle? Nonmaleficence Beneficence Autonomy Justice
Justice The ethical principle of justice is based on what is consistent and fair to all involved. The four principal areas when evaluating justice are: fair distribution of scarce resources, such as organ allocation; competing needs; rights and obligations; and potential conflicts with established legislation.
____________ = No special advantages or disadvantages to certain individuals
Justice-based ethics
______ helped develop formal ethics committees and advance health directives. It involved the physicians vs parents after a 21 year old became unconscious after arriving home from a party
Karen Ann Quinlan's case
________ = collection of statutes, rules, and regulations
Law
What is statutory law?
Laws enacted by the legislative body
The medical record, used to determine whether healthcare professionals met obligations to patients and followed policies and guidelines is considered:
Legal document
Parts of __________: - House of Representatives - Senate
Legislative Branch
Which is an individual's responsibility for his or her conduct for failure to meet a standard of care? Liability Sentinel Professionalism Carelessness
Liability
If a healthcare professional oversteps his or her scope of practice what can occur?
Loss of license, license suspension, and censure
What is the only state that has not adopted common law?
Louisiana
__________ = Intentional action or performance of an illegal or wrongful act
Malfaesance
_______ = Parties responsible for care or treatment act or fail to act, resulting in damages and/or direct losses to patient or individual.
Malpractice
__________ = failure of a professional to meet the standard of conduct that a reasonable and prudent member of the profession would exercise in a similar circumstance, which then results in harm
Malpractice
____ is the process by which a neutral third party, such as an attorney, judge, or other person trained in mediation techniques, facilitates and assists the parties in resolving a dispute. Parties reach voluntary, uncoerced agreement. It is the least adversarial method.
Mediation
______________: - Managed by individual states - Gives aid to indigent or medically needy patients
Medicaid
Which insurance program is federally funded but administered and managed by the state or local government or department? Medicaid SCHIP Medicare TRICARE
Medicaid Medicaid is a joint federal and state program. Local departments of social services will usually manage who is eligible for coverage and any other benefits that might be awarded to an individual.
_____________ = principles based on the medical profession that determine moral behavior
Medical ethics
__________ = responsibilities of the healthcare provider and rights of the patient
Medical law
________: - Eligible recipients 65 or older - Also given to permanently disabled individuals - Three Parts: - Part A: Hospital claims - Part B: Outpatient services - Part D: prescription drug plan
Meidcare
__________ providers: - NP - Nurse Practitioner - PA - Physician's Assistant - CRNA - Certified Registered Nurse Anesthetist - LSW - Licensed Social Worker - PT - Physical Therapist - CNM - Certified Nurse Midwife
Mid-level
What is the financial penalty for category 4 HIPAA violations?
Minimum $50,000 per violation
__________ = Poor performance of an action causing damage
Misfaesance
Remedies for civil law violation are usually?
Monetary - attempt to make the person "whole again"
_____________ = goodness or badness, right or wrong of specific actions
Morals
_______ involved the parents and husband vs. State of Missouri after physicians refused to remove a feeding tube to allow her to die after 4 years in a PVS due to a MVA.
Nancy Cruzan's case
________ = Failure to use care or act in a certain way that a reasonably prudent and careful person would under similar circumstances
Negligence
______ is any communication used in an attempt to achieve a goal, approval, or action by another. May be formal or informal.
Negotiation
Are you required to give proof when reporting child abuse?
No
Do patients own their medical record?
No
If due diligence is shown in a billing error on behalf of the provider, and any refunds are paid to the insurance company generally
No further action is taken
____________ = small amount, no major damage
Nominal damages
___________________ = Part of the PPACA/ACA/Obamacare. Specifically states that an individual cannot be discriminated against or denied health services or health coverage based on sex, including pregnancy, gender identification, and sex stereotyping.
Nondiscrimination in Health Programs and Activities Rule
________ = Failure to perform an action that should have been taken
Nonfaesance
Benefits of using _______________: - Assist by seeing more patients - Lower cost than a physician - In some cases can provide services without direct physician supervision - If licensed can bill directly for services.
Nonphysician Providers
________ = conducted when consent of the patient is unavailable
Nonvoluntary euthanasia
_________ Shortage: - By 2020, shortage expected to grow to 340,000 - More about lack of supply than increase in demand - Many currently practicing _______ expected to retire 2025 - Too few ________ entering the workforce - Lack of qualified instructors in _____ programs.
Nursing; nurses; nurses; nursing
What organization regulates HIPAA rules?
OCR
This type of provider is not required to complete full medical school and residency requirements. MD DO Surgeon OD
OD
Which of the following imposes penalties for violations of the HIPAA Privacy Rule? OIG PHI NPP EHR
OIG
______ offers guidelines on the creation and implementation of compliance plans.
OIG
_____________________ Protection Program = protects the rights of employees who may fear reprisal for speaking up
OSHA's Whistleblower
It's a hospital performs clinical testing and does not comply with CLIA , this policy would be violated:
Occupational Safety and Health Act
What four regulations did the ____________ include? - Ergonomics - Personal protective equipment (PPE) - Required immunizations - Mandatory in-service training for certain healthcare workers
Occupational Safety and Health Act
______________ = Employer is responsible to ensure all areas are safe for employees and patients
Occupational Safety and Health Act
What did the Occupational Safety and Health Act of 1970 create?
Occupational Safety and Health Administration (OSHA)
A policy was in effect from July 1, 2000, through August 31, 2015. A claim was made on the policy on October 24, 2017, related to an incident that happened while coverage was in effect. Which type of policy is most likely to cover the claim? Tail coverage Claims-made Occurrence-basis Umbrella coverage
Occurrence-basis
A physician purchases professional liability insurance, which covers January 1 to December 31, 2017, but does not renew after the policy expires. A claim is made on November 2, 2017. Which type of policy would cover the physician? Occurrence-basis policy Tail coverage Prior acts coverage Claims-made policy
Occurrence-basis policy Coverage under an occurrence-basis policy would be allowed for a claim made during the policy period.
___________ provides training, education and protection for the elderly.
Older Americans Act of 1987
Local laws are also called?
Ordinances
The Privacy Rule limits use and disclosure of _____.
PHI
The acronym for all computer-generated information regarding patients is called EHR. PHI. PIH. EMR.
PHI
____ is withholding of treatments necessary for survival.
Passive euthanasia
__________ = Requires employers to meet certain criteria with regard to offering health insurance for employees who work 30+ hours a week.
Patient Protection and Affordable Care Act (PPACA, ACA, Obamacare)
Which of the following is a federal law that mandates any healthcare organization participating in Medicare or Medicaid to provide advance directives to their patients? Patient Self-Determination Act Uniform Health-Care Decisions Act Uniform Rights of the Terminally Ill Act Uniform Anatomical Gift Act
Patient Self-Determination Act Patient Self-Determination Act mandates that hospitals, nursing homes, hospice providers, and other healthcare agencies that receive Medicare or Medicaid funds provide written information to patients regarding their rights to make medical decisions and execute advance directives.
What five rights does the __________ guarantee? - Right to respectful care - Right to receive current, relevant and understandable information - Right to know the identity of everyone involved in their care - Right to make decisions about the plan of care prior to undergoing treatment - Right to privacy
Patient's Bill of Rights
_________ = American Hospital Association adopted basic rules of conduct and interaction between patients and healthcare professionals
Patient's Bill of Rights (AHA)
________ includes what five things? - Preventive care at no cost - No lifetime limits on insurance coverage - Coverage for patients with pre-exisiting conditions - Extended coverage for young adults - Removal of insurance barriers for emergency services
Patient's Bill of Rights - ACA
Using the SOAP format, this is objective data:
Patient. To the lower area of the stomach.
An example of disciplinary action for a serious infraction
Permanent loss of license
Stark Law is also known as?
Physcian Self-Referral Law
______ are fight or flight responses experienced in high-anxiety situations.
Physical responses
__________ = refers to the physical monitoring and access to PHI
Physical safeguards
Who is ultimately responsible for verifying that the information reported is accurate and complete? Office manager Physician Nurse Patient
Physician
An elderly woman is brought to the hospital due to weakness and difficulty in breathing. She is diagnosed with pneumonia and shortly dies at the hospital. Who should sign her death certificate? Forensic pathologist Coroner Physician Any of the above
Physician Since the cause of death is known and the woman did not die under questionable circumstances, the physician would be the best person to sign the death certificate.
____ is an approach to encourage healthcare providers to speak with patients to help create specific medical orders to be honored by healthcare professionals during a medical crisis
Physician orders for life-sustaining treatment (POLST)
____ is carried out in the presence of or with cooperation of a physician. It is legal in some countries
Physician-assisted suicide
_________ Shortage: - Shortage projected to be 124,000-160,000 by 2025 - Retiring _________, declining medical school graduates, __________ working fewer hours, higher demand for __________ - Shortage projected to be most severe in specialties in highest demand (such as geriatrics)
Physician; physicians; physicians; physicians
______ = person or entity who brings the lawsuit
Plaintiff
_____________ Plans: - Usually require a PCP to direct referrals - Generally no deductible for in-network services
Point of Service
Health maintenance organization (HMO) All the above plans require a copay, health maintenance organizations (HMOs) do not require coinsurance. Point of service plan Indemnity plan Health maintenance organization (HMO) Preferred provider organization (PPO)
Point of service plan Point of service plans (POS) allow a member to see in-network providers, which is not subject to a deductible. Out-of-network services are allowed but will be subject to both deductible and coinsurance.
Which type of insurance plan allows a patient to see both in-network and out-of-network, but only requires a deductible and coinsurance for providers seen out-of-network. Point of service plan Indemnity plan Health maintenance organization (HMO) Preferred provider organization (PPO)
Point of service plan Point of service plans (POS) allow a member to see in-network providers, which is not subject to a deductible. Out-of-network services are allowed but will be subject to both deductible and coinsurance.
______________: - Allow patients to see any in-network provider without a referral - Typically have a deductible, copay, and coinsurance - Very popular because of flexibility
Preferred Provider Organizations (PPO)
__________ consists of what 3 elements? -Interrogatories -Requests for production of documents -Admissions of fact
Pretrial discovery
Workplace sanctions depend on what? To instill
Professional codes of conduct
_____________ = Physician or provider is liable for actions of anyone under their employ. All parties are liable, highest license is held most responsible.
Professional liability
____________ = Carried by providers, facilities, and allied healthcare workers. Usually covers the healthcare professionals and other employees as long as they are working within their legal scope of practice and are on duty.
Professional liability insurance
High levels of what? are essential in the medical field.
Professionalism
These are components of medical records:
Progress notes, plan of care, and flow sheets.
Compliance plans include ______.
Protocols for addressing infractions
The primary purpose of a medical record is to:
Provide a format for healthcare professionals to communicate with one another.
Types of _______: - Medical doctors - Specialists - Other: - DC - Chiropractic - DMD - Dental Medicine - DDS - Dental Surgery - OD - Optometry - PhD - Philosophy - DPM - Podiatric Medicine
Providers
_________ = punishment for intentional wrong
Punitive damages
__________ = Voluntary acts that directly cause damage to privacy or emotional well-being (without the intent to injure or cause distress)
Quasi-intentional torts
__________ include what three things? - Defamation - Invasion of privacy - Breach of confidentiality
Quasi-intentional torts
A medical biller accidently sends a file with patient information as a mass email to multiple outside vendors. This is a violation of which type of tort? Intentional torts Quasi-intentional torts Strict liability Negligence
Quasi-intentional torts Quasi-intentional torts include defamation, invasion of privacy, and breach of confidentiality. A breach of confidentiality is the public revelation of confidential or privileged information without an individual's consent.
_______ = private citizen who exposes and sues a company or organization for violating the law and/or breaching contract
Qui Tam
__________ = Law that asserts that once the person causing damage (the tortfeasor) is released from further liability in a previous suit's settlement, he or she cannot be held liable in a subsequent suit
Release of tortfeasor
_____________ = Clear there was a duty and the injury could not have occurred without negligence. Transfers burden to prove no negligence to the defendant.
Res Ipsa Loquitor
(Defenses for Malpractice) ______ = patient cannot sure for the same damages a second time
Res judicata?
Committing a felony may result in what for a healthcare professional?
Revocation of license
A family practice physician wants to begin providing ultrasounds services in his clinic. In addition to having a basic insurance policy, what other policy should he get to cover this specific service? Claims-made Rider Tail coverage Umbrella policy
Rider
_________ = Based on an individual's rights
Rights-based ethics
Most medical conscience clauses evolved as a result of Roe v. Wade. the Baby M court case. the Tuskegee Syphilis Study. the Wakefield Study.
Roe v. Wade.
What is ___________? way to organize documentation/notes
SOAP format
What are the most commonly reported communicable diseases?
STI/STDs (same thing)
OSHA regulates:
Safety in the workplace.
__________ = defines procedures, actions, and processes that are permitted for licensed and unlicensed individuals
Scope of practice
In what four ways does the ___________ require covered entities to take reasonable and suitable steps to protect PHI? - Ensuring the confidentiality, integrity, and availability of all e-PHI they create, receive, maintain or transmit - Identifying and shielding against realistic anticipated threats to the safety or integrity of the information - Protecting against reasonably predictable unallowable uses or disclosures - Guaranteeing compliance by their workforce
Security Rule
__________ ethical model = Determine facts and asses possible options
Seven-step
_________ = Intimidation of another or unwanted advances or sexual comments that cause another person to feel uncomfortable
Sexual harassment
____________ includes what three things? - Unwelcome sexual advances - Requests for sexual favors - Verbal or physical conduct of a sexual nature
Sexual harassment
Who is a nurse providing care for patients. In the following situations she is not using medical record according to the purpose of documentation.
She looks at the record to confirm the spelling of a drug, which another patient is also taking, so that she can document it in this second patients chart.
________ of healthcare can lead to problems in accessibility to healthcare and diminished quality and effectiveness of healthcare.
Shortage
___________: - System in which a public agency finances and funds healthcare but delivery remains in the private sector - All Americans would be covered for medically necessary services - Physicians would be paid a standard fee which could lead to shortage of healthcare workers and reduce patient access to services - Funding would come from taxes - Can result in long wait times for care
Single Payer Model
Why are corrective actions that important to be included in an employer's policy and procedures manual?
So the employer can counsel the employee about his or her performance and help the employee improve.
Why are clear and concise expectations important for an employer to provide to an employee on the grounds for immediate dismissal?
So the employer may terminate an employee without following the corrective action procedures
Why are clear and concise expectations important for an employer to provide to an employee on the grounds for immediate dismissal?
So the employer may terminate an employee without following the corrective action procedures.
_____________ = single physician is only provider within practice.
Sole practice
______________ = provider has legal agreements to hire other physicians or mid-level providers.
Sole proprietorship
___________ = establish basic requirements for skill and care
Standards of practice
Workplace standards
Standards that are expected of employees dependent upon their position
________ = A set of federal laws designed to maintain the integrity of the medical field; includes antitrust and anti-kickback laws to prevent physicians from gaining financially from solicitation of services or monopolization of services.
Stark law
The medical practice at that covered healthcare professionals is regulated
State by state
Most medical malpractice suits are tried where?
State courts
Disciplinary action varies from all of the following
State to state, facility to facility, One area of expertise to another.
(Defenses for Malpractice)______ = Plaintiff has a specific number of years after discovery to file suit. Discovery rule may apply.
Statute of limitation
What dictates how long a medical record must be kept by the healthcare provider or organization? Policy dictated by the insurance carrier or managed care plan Patient's status as an active patient Federal law requirement Statute of limitations
Statute of limitations The statute of limitations outlines the minimum number of years patients' medical records must be retained. The laws and guidelines for the storage and maintenance of medical records vary among each state.
Example of _____________: - Medicare and Medicaid amendments to the Social Security Act of 1965
Statutory Law
Types of ________: Regulatory Administrative Common
Statutory Law
____________ = Unique cells that can divide indefinitely and develop into many different types of cells
Stem cells
What is the controversy surrounding stem cell research?
Stem cells are obtained from human embryos, harvesting the stem cells destroys the embryo
Which of the following information would be included in the "S" in SOAP notes? Stomach pains for two days Positive pregnancy test A red, scaly rash observed on the patient's arms Blood pressure
Stomach pains for two days The "S" in SOAP notes stands for subjective patient information, which includes the patient's chief complaint or the purpose of their office visit or hospitalization.
___________ = Possession of a dangerous product, animal or weapon places a person in danger. Does not involve negligence. Ex: defective product.
Strict liability
A physician is performing a procedure on a patient but fails to warn him that it is experimental and what the risks are. This is an example of which type of tort? Quasi-intentional Strict liability Intentional Negligence
Strict liability A person places another person in danger, even in the absence of negligence, simply because he is in possession of a dangerous product, animal, or weapon. Most cases of strict liability are regarding defective products.
A patient undergoes an endoscopy. The endoscope was not properly sterilized, resulting in the patient developing an infection. This is an example of which type of tort? Quasi-intentional torts Intentional torts Negligence Strict liability
Strict liability There are four types of torts: negligence, strict liability, intentional torts, and quasi-intentional torts. Strict liability is when a person places another person in danger, even in the absence of negligence, simply because that person is in possession of a dangerous product, animal, or weapon. Most cases of strict liability are regarding defective products.
The constitution and bill of rights are also known as what?
Supreme law of the land
______________: - Cover active military individuals and dependents - Cover retired military who served for 20 years or more - CHAMPVA (Civilian Health and Medical Program of the Department of Veterans Affairs) - Also known as Veterans Health Administration - Coverage for disabled veterans and their dependents
TRICARE
If a policy was in effect from January 1, 2011, through December 31, 2016, and a liability claim was filed on June 23, 2017, what type of coverage could cover the claim, if purchased? Claims-made Tail coverage Umbrella coverage No coverage at all
Tail coverage
__________ = responsibility of the healthcare provider to monitor and safeguard PHI through all technology-related items and uses
Technical safeguards
_____ is one of the most recent and controversial "right-to-die" cases. It involved the husband vs parents. Husband petitioned for feeding tube to be removed after many attempts made to bring her back from PVS following cardiac arrest at the age of 27. Involved 14 appeals
Terri Schiavo's case
Physicians are governed not only by state laws but also by
The American Medical Association
The office of the Inspector General investigates:
The Department of Health and Human Services
______________ established what? first national standards to protect PHI
The Privacy Rule
This Act enabled the federal government to add substances to the Schedules of controlled substances under the Convention of Controlled Substances. The Chemical Diversion and Trafficking Act of 1988 The Controlled Substances Penalties Amendments Act of 1984 The Psychotropic Substances Act of 1978 The Domestic Chemical Diversion and Control Act of 1993
The Psychotropic Substances Act of 1978
illegal to ask in an interview
The candidate's age
A family physician sees a patient for hypertension. He is then referred to a cardiologist who runs diagnostic tests. The patient subsequently dies from a stroke due to hypertension. Based on the right of contribution, who would be liable? The family physician The cardiologist and the family physician The cardiologist Neither
The cardiologist and the family physician A right of contribution arises when there are others who bear at least some responsibility for the incident. If the cardiologist is named in a claim, the cardiologist may have the right to seek contribution from the family physician since the family physician may have contributed to the negligent act.
At-will employment means
The employer may fire and employees without warning.
And individual does something illegal, person is responsible to enforce sanctions
The employer of the governing entity
A physician has professional liability insurance, which covers January 1 to December 31, 2017. The physician does not renew the policy but purchases a tail coverage for 12 months. Which claim would be covered? All of the options The incident occurred on January 16, 2017, and the claim occurred on January 16, 2018. The incident and claim occurred on January 16, 2018. The incident occurred on July 17, 2018, and the claim occurred on December 31, 2018.
The incident occurred on January 16, 2017, and the claim occurred on January 16, 2018. Tail coverage extends the policy coverage provided in the original policy for a specified period. It applies only if the wrongful act giving rise to the reported claim took place during the expired or canceled policy period. There is no coverage available for wrongful acts if committed during the period of tail coverage.
Which statement about checks and balances system is false?
The legislature can develop statutes and veto the executive branch
I patient comes to a medical office and a man that he be given his medical record. This statement is false!
The patient is allowed to take his personal medical record.
Who is responsible for making sure an advance directive is followed? The patient The patient's family The facility providing care The physician
The physician
Who has the power to regulate healthcare?
The state constitution
The length of record retention is determined by:
The state government.
This statement is false about errors in a medical record colin
The word error should be written above the wrong entry.
What cases are tried in federal district court?
Those that concern federal or constitutional law
How long do patient files need to be maintained before becoming inactive in a healthcare facility? Six months One year Two years Three years
Three years
Which HIPAA provision limits the use and disclosure of protected health information (PHI)? Title II Title I Title IV Title III
Title II Title II, or the Administrative Simplification, includes the Privacy Rule and Security Rule. The Privacy Rule establishes protected health information (PHI), and limits the use and disclosure of sensitive PHI.
________ = Civil wrong. Cases harm to a person or person's property
Tort
___________ = Injury to another person's person, property, reputation, for which the injured party is entitled to compensation.
Tort
________________ - Also known as fee-for-service plans - Allow patient to direct healthcare and visit almost any hospital, physician, or healthcare provider - No need for primary care doctor or referrals - Usually require a deductible before coverage applies - After deductible, usually co-insurance where the carrier pays a percentage
Traditional Indemnity Plans
_____________ = Occurs when one enters another's land without consent.
Trespass to Land
True/false: Intent may be transferred.
True
What are the two aspects of the _____________? - Irreversible cessation of circulatory and respiratory functions - Irreversible cessation of all functions of the entire brain, including brain stem
Uniform Determination of Death Act
This Act states that all patients have the right to create a living will. Patient Self-Determination Act The Right to Die Act Advance Directive Act Uniform Rights of the Terminally Ill Act
Uniform Rights of the Terminally Ill Act
UNOS?
United Network for Organ Sharing - maintained centralized waiting lists for transplants
____________ = The greatest good for the greatest number
Utilitarianism
Preparations containing limited quantities of narcotics (e.g., cough medicine) are considered Schedule __ drugs. II III IV V
V
___________ = what an individual person believes to be right or wrong
Values
_____________ = Actions are based on the individual's character
Virtue-based ethics
________ = Conducted with consent and participation of patient
Voluntary euthanasia
_____ protection? - Protects an employee who turns their employer in - Protected from discrimination, retaliation, harassment, suspension, or termination due to participation in an investigation
Whistleblower
Qui tam means:
Who as well.
To ensure the efficient and effective care for all patients, the health care providers should always treat the patient:
With dignity and respect.
___________ are found in employee handbooks or employment packets
Workplace standards
___________ = any threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that causes fear for personal safety in the workplace
Workplace violence
____________ can involve four types of people: - Coworkers - Clients - Customers - Visitors
Workplace violence
____________ = A formal writ used to bring a case before the Supreme Court.
Writ of certiorari
Are their penalties for failure to report child abuse?
Yes
Compliance officers serve as _________ to ensure all employees are held to the same standards and regulations.
a double-check
All the following are challenges to EHR implementation except it required a short amount of time to implement. a lack of government incentives. having to devote additional resources to implement. ensuring patient and provider confidence.
a lack of government incentives.
which situation does not illustrate determination of the existence of a duty that has been breached?
a nurse performs within the scope of her duties
All the following are examples of conflicts of interest except a physician receives compensation from a drug company every time he prescribes the drug to a patient. a patient enrolls in a clinical trial and receives compensation. All of the options family members of the research team are enrolled in a clinical trial as patients but receive no compensation.
a patient enrolls in a clinical trial and receives compensation. A conflict of interest occurs when self-interest affects an individual's professional obligations to one's patients, organization, and/or profession. For example, no employee or no one affiliated with the drug company or its shareholders should be enrolled as a patient in a clinical trial.
An example of civil law is a physician performing an endoscopy without a patient's consent. a physician misdiagnosis a patient's disease resulting in complications. selling a patient's medical record. a crime against the state or government.
a physician misdiagnosis a patient's disease resulting in complications. Civil laws are laws that protect the private rights of person or a person's property, and include the areas of law such as contracts, property, negligence, malpractice, labor, privacy issues, and family law. Common violations of civil law against healthcare providers often include allegations of failures to provide care that meets the standard of care, resulting in harm or injuries to the patient.
Insurers do not typically have to have ________. However, they are usually required to notify the insured.
a reason to not renew or to cancel
which situation would a medical facility probably avoid false imprisonment charges
a severely intoxicated adult male is held in the hospital emergency dept.
example of medical battery
a surgeon removes the wrong organ during a surgery
All of the following are examples of the use of laws except?
a woman takes her husband to court to obtain a divorce an individual sues his neighbor over a property line **a man slashes his neighbor's tires over a dispute a child is taken from her neglectful mother and placed in foster care by the state
In most states: it is illegal to fire an employee in retribution for _________.
a workers' compensation claim
Upon being hired, individual should receive _______.
a written contract (verbal acceptable, but subject to misinterpretation)
A healthcare professional who believes that an unconscious patient should receive a certain treatment but knows that the patient's religious beliefs prohibit such treatment faces: a. An ethical dilemma b. Assault c. Implied consent d. Battery
a. An ethical dilemma
Placing a person in immediate fear or apprehension of harmful touching without his or her consent is: a. assault b. battery c. consent d. negligence
a. Assault
Raising a hand to strike a patient, even if the patient was not touched, can be considered: a. Assault b. Battery c. Libel d. Abuse
a. Assault
What field is held to the highest standards when it comes to safety? a. Healthcare b. Restaurant c. Hotels and hospitality d. Schools
a. Healthcare
The statement "The information is true, but it is information that a person wants to keep private," likely pertains to: a. invasion of privacy b. breach of confidentiality c. slander d. false imprisonment
a. Invasion of privacy
In spousal abuse, what is the sign that abuse may be happening? a. The spouse is overly concerned about the patient. b. The spouse shows no sense of concern for the patient. c. The spouse shows typical concern for the patient. d. The spouse is not with the patient.
a. The spouse is overly concerned about the patient.
What type of abuse is criticizing considered? a. Verbal/emotional b. Psychological c. Physical d. Sexual
a. Verbal/emotional
Consent is implied: a. When the patient's life is threatened if the procedure is not performed. b. When the physician acts in the patient's best interest. c. When the physician finds other concerns during the course of surgery. d. During all of these situations.
a. When the patient's life is threatened if the procedure is not performed.
What is crucial in a rape investigation? a. the physical examination is crucial. b. the nurse should stay with the victim at all times. c. the police should be caring and concerned. d. the patient should take a shower as soon as possible in case of disease.
a. the physical examination is crucial.
To be declared brain dead, the patient may have all the following except able to breathe. no reflexes. sporadic brain activity. no pain response.
able to breathe. The criteria that need to be met before a patient can be pronounced brain dead, including no reflexes, no response to pain, and no unassisted breathing. There may be EEGs activity at widely separated intervals under defined conditions in brain death.
(Aspects of brain death) unresponsive to stimuli that would trigger an involuntary response
absence of brainstem reflexes
What are five forms of ___________? - Physical - Verbal/emotional - Psychological - Sexual - Economic
abuse
What are the six events that require ___________? - Births - Deaths - Communicable diseases - Assaults or criminal acts - Abuse - child, idler, or spousal - Substance abuse
accurate documentation
What four ways does ____________ protect all parties of encounter and treatment? - Record of all diagnoses and treatment for patient - Legal record of all treatment and findings for provider - Provides medical history - Documentation for billing and coding
accurate documentation
What is ______________? Establishes laws between citizens and government agencies and provides certain power to the agencies to enforce these laws and regulations. Can be state or federal.
administrative law
What are ___________? policies and procedures documented in writing to show how entities will comply
administrative safeguards
Facilities must inquire if a patient has _____.
advance healthcare directive
this type of defense is a denial of negligence
affirmative
committing batter means
all of the above
NOT a requirement needed to avoid false imprisonment charge for involuntary admission
all statutory time limits have been exceeded for holding an individual against his will
A direct relationship must be proven between ________ and the __________. (when proving direct cause)
alleged misconduct and the injury
What are the four types of ____________? - Negotiation - Mediation - Facilitation - Arbitration
alternative dispute resolution
a defendant does not want to go through a trial, and wants the issue at hand dealt with expediently
alternative dispute resolution
Informed consent must include what three things? - Possible risks - Potential prognoses - Available ____________
alternatives
healthcare professional believes that an unconscious patient should receive a certain treatment but know that the pt. religious belief prohibit such treatment faces
an ethical dilemma
A healthcare professional who believes that an unconscious patient should receive a certain treatment but knows that the patient's religious beliefs prohibit such treatment faces an ethical dilemma. assault. implied consent. battery.
an ethical dilemma.
if a tort is committed
an individual brings the case against the state
(Aspects of brain death) no respiratory movements when disconnected from respirator, no coughing or gagging, no blinking, no grimacing
apnea test
if a physician and a patient nedd a controlled, structured setting they may wish to try which of the following
arbitration
Instead of going to court, the two parties decide to hire a person to decide on the outcome of the case. This is called mediation. defensive medicine. denial. arbitration.
arbitration. Both parties may agree to try alternative methods instead of taking a case to court. One method is arbitration, where a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the outcome of the dispute.
What are the controversies surrounding ________? - Using frozen sperm from deceased husband - Have they consented? - Rights of the child to information about/estate of the sperm donor
artificial insemination
placing a person in immediate fear or apprehension of harmful touching with consent
assault
raising a hand to strike a pt. even if the patient was not touched would be considered
assault
What are the 3 types of__________? - Artificial insemination - In vitro fertilization - Surrogate motherhood
assisted conception
in this type of defense, the medical record plays the largest part of the defense
assumption of risk
What four situations do not require ___________ to release medical record? - Criminal acts - Legally ordered - Communicable diseases - Mandated
authorization from patient
If a tort is committed: a. an individual brings the case against the state. b. an individual brings the case against another individual c. the state brings the case against an individual. d. both B and C are true.
b. An individual brings the case against another individual.
Which is necessary to help healthcare workers avoid accusations of battery? a. Informed consent b. General Consent c. Assumed Consent d. Implied Consent
b. General Consent
As a result of increased use of computers in the healthcare setting, the following was established to decrease the potential for breach of confidentiality. a. OSHA b. HIPAA c. Ethics d. CMS
b. HIPAA
Amphetamines are considered a Schedule _____ drug. a. I b. II c. III d. IV
b. II
Which can be transferred? a. Consent b. Intent c. Defamation d. Torts
b. Intent
The Older Americans Act of 1987 protects adults older than age 60 from all of the following, except: a. Abandonment b. Malnutrition c. Abuse d. Exploitation
b. Malnutrition
Which is not among the major intentional torts? a. Battery b. Murder c. Assault d. False Imprisonment
b. Murder
Who is responsible for verifying that the information reported is accurate and complete? a. Office Manager b. Physician c. Nurse d. Patient
b. Physician
If someone's space is invaded by another, what type of abuse is this? a. Verbal/emotional b. Psychological c. Physical d. Sexual
b. Psychological
This Act was created to combat designer drugs by allowing the DEA to treat any substance that is similar to an illegal drug as if it were a Schedule I drug. a. The Domestic Chemical Diversion and Control Act of 1993 b. The Federal Analog Act c. The Chemical Diversion and Trafficking Act of 1988 d. The Controlled Substance Penalties Amendments Act of 1984
b. The Federal Analog Act
During which surgeries would it be reasonable for a physician to remove the organ mentioned without specific consent? a. The physician removed an ovary that contains several cysts instead of removing the cysts alone. b. The physician finds an unexpected blood clot and removes it during heart surgery. c. the physician removes a uterus that is full of fibroid tumors. d. The physician notices a sebaceous cyst when removing suspicious moles from the surface of the skin and removes the cyst at the same time.
b. The physician finds an unexpected blood clot and removes it during heart surgery.
Quasi-intentional torts include all the following EXCEPT
battery
To define a "live birth," the product of human conception must do one of the following except be attached to the placenta. have a heartbeat. breathe. have muscular movement.
be attached to the placenta. A "live birth" means the complete expulsion or extraction from its mother of a product of human conception and that breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether the umbilical cord has been cut or the placenta is attached.
All claims of violence should _____ and ______
be investigated; promptly addressed
What are some examples of __________? - Stem cell research - Genetic engineering - Organ donation - Euthanasia
bioethic issues
What are the main ________ discussed in the text? -Contraception/sterilization -Assisted conception -Gene research/therapy -Organ Donation and Transplantation
bioethical issues
What four things do _________ include? - Date - Time - Place of birth - Parental information
birth records
What two things do governments use _________ for? - Plan and evaluate public health programs - Urban planning initiatives and resource allocation
birth records
Advantages of ________? - Subjects have no preconception about the effects of the drug - Subjects may be more objective
blind study
What are the three aspects of ___________? - Coma - Absence of brainstem reflexes - Apnea test
brain death
A tort is a civil wrong other than _____.
breach of contract.
Another way of saying dereliction of duty is?
breach of duty
Which patient could probably receive a blood transfusion without consent if the physician obtains a court order? a. A 65 year old nursing home patient b. A 20 year old victim of an industrial accident c. A 17 year old female whose parents refuse a transfusion d. A 42 year old mentally incompetent patient who has a legal guardian present
c. A 17 year old female whose parents refuse a transfusion
In which situation would a medical facility probably avoid false imprisonment charger? a. A competent, elderly cancer patient needs surgery and refuses to stay in the hospital. b. A minor female is held against her parent's will without a court order. c. A severely intoxicated adult male is held in the hospital d. A 20 year old rape victim refuses to press charges to stay at the hospital for treatment.
c. A severely intoxicated adult male is held in the hospital
An example of medical battery is: a. violating a patient's confidentiality. b. The patient asks you to remove a catheter and you do so. c. A surgeon removes the wrong organ during a surgery. d. A physician is placing a cast on a patient, and the physician slips and falls and injures the patient in the process.
c. A surgeon removes the wrong organ during a surgery.
Quasi-intentional torts include all of the following except: a. slander b. invasion of privacy c. battery d. breach of confidentiality
c. Battery
A child presents with repeated injuries that are unexplained, or do not make sense. The child could be suffering from: a. munchausen's disease by proxy b. battered child syndrome c. child maltreatment syndrome d. all of the above
c. Child maltreatment syndrome
Why must a death certificate be issued? a. So the attending physician can bill the patient's insurance company. b. So the family can be at rest. c. For banking purposes d. For statistical reasons for the county
c. For banking purposes
Why are statutory reports required in the healthcare field? a. So the government can keep track of individuals b. For statistical data c. For the welfare of the general public d. All of the above
c. For the welfare of the general public
A person arrives at the emergency department complaining of chest pain. While the doctor is examining the patient, the patient becomes unconscious. The physician performs life-saving measures to treat the patient. The physician determines that the patient needs emergency surgery or will definitely die. The patient is rushed to surgery. This is an example of: a. General consent b. Ethical dilemma c. Implied consent d. Informed consent
c. Implied consent
A written statement of defamation is known as: a. Slander b. Assault c. Libel d. Negligence
c. Libel
If a patient presents with chest pains and tells you he or she was physically trapped by the spouse, what type of abuse is this considered? a. Verbal/Emotional b. Psychological c. Physical d. Sexual
c. Physical
Which type of tort has at its essence the relationship to or ownership of the thing that causes harm? a. Intentional torts b. Quasi- intentional torts c. Strict liability d. Negligence
c. Strict Liability
This act enabled the federal government to add substances to the Schedules of controlled substances under the Convention of Controlled Substances a. The Chemical Diversion and Trafficking Act of 1988 b. The Controlled Substances Penalties Amendments Act of 1984 c. The Psychotropic Substances Act of 1978 d. The Domestic Chemical Diversion and Control Act of 1993
c. The Psychotropic Substances Act of 1978
Where are births legally recorded? a. The hospital b. The physician's office of the birth mother c. The local county clerk's office d. The Department of Health and Human Services
c. The local county clerk's office
Munchausen's disease by proxy is a disorder in which: a. The child makes up false abuse allegations b. The child pretends to be ill or injured c. The parent intentionally makes their child ill for attention d. The parent abuses the child and tries to blame the child.
c. The parent intentionally makes their child ill for attention.
Documentation for using restraints should include: a. The type of restraint. b. The patient's attitude about being restrained. c. The type of monitoring the patient will require. d. The age of the patient
c. The type of monitoring the patient will require.
Under CLIA, all lab tests are _____.
categorized by level of complexity
What is the leading cause of death among children under 5?
child abuse
Torts are ____ cases.
civil
What does _____________ encompass? - Contract issues - Intentional tort - Negligence - Malpractice - Labor - Privacy
civil law
What are the three aspects of ___________ policy? - Coverage provided for any claim made while policy is in effects - Only provides coverage for claims when both the incident and claim occur while the policy is in effect - Might still cover if insured notifies insurer of incidents that happened during the covered period that could evolve into a claim later
claims-made coverage
Administrative safeguards should include method for ____________ or _________ access to PHI
clearing or authorizing
Employer should have __________ before an employee can be terminated.
clearly outlined series of steps
Workplace standards include __________ or defined standards for institution.
code of ethics
(Aspects of brain death) completely unresponsive and unconscious; usually tested with painful stimuli
coma
The judicial branch is the source of what type of law?
common
What does reporting information on ____________ help the government do? Make informed decisions regarding laws and policies about specific activities (like food handling, insect control, infection and disease tracking)
communicable diseases
The Office of the Inspector General's compliance plan includes all the components except communication should follow a strict chain-of-command. designate a compliance officer. develop written standards and procedures. conduct internal monitoring and auditing.
communication should follow a strict chain-of-command. The Office of Inspector General's compliance program includes seven key components, such as developing open lines of communication.
when the defendant shows the plaintiff's actions or inaction was contributing factor in the damages, this is considered
comparative negligence
damages for financial losses base on actual income and expenses are called
compensatory
What increases the risk of breach of confidentiality?
computerized medical records
Any information learned while caring for a patient is ______.
confidential
What are the five ___________? - Competing - Accommodating - Avoiding - Compromising - Collaborating
conflict behavioral styles
The _________ and _____________ establishes shared powers between federal and state governments?
constitution and bill of rights
Patient's have the right to _____ of their medical record.
copies
What is the ONLY acceptable way to _________ in medical records? (four aspects) - Draw single line through error - Write corrected entry above it - May add an addendum for more information - Initial and date correction
correct a mistake
Aspects of the ____________: - Trial - Appellate - Supreme
court system
Conflict management must create and maintain a _________.
culture of safety
Committing battery means: a. A person tried to maliciously hurt a person b. A person touched another person without his or her consent or legally justifiable reason. c. Touching something in close proximity to a person without his or her consent. d. All of the above are true.
d. All of the above are true
If a child shows signs of abuse, why is it important to speak to the child alone? a. Children will not speak up in front of an abuser. b. The physician can do a thorough examination without embarrassing the child. c. The abuser will often speak for the child to keep the child from reporting abuse. d. All of the above are true.
d. All of the above are true.
If you suspect abuse and do not report it, what are the potential consequences? a. You may endanger the child further b. You may be held legally responsible for further abuse. c. You may lose status with the child as a trustful person. d. All of the above are true.
d. All of the above are true.
Which is not a requirement needed to avoid a false imprisonment charge for an involuntary admission? a. The statutory provisions for the reason for involuntary commitment exist. b. All statutory requirements for physical examination have been. c. All the patient's rights have been followed d. All statutory time limits have been exceeded for holding an individual against his or her will.
d. All statutory time limits have been exceeded for holding an individual against his or her will.
At the federal level, who mandates that communicable diseases are reported? a. OSHA b. CMS c. DHHS d. CDC
d. CDC
What initiated the required reporting of child abuse cases? a. Child Abuse Act b. Child Abuse Prevention Act c. Child Abuse and Prevention Act d. Child Abuse Prevention and Treatment Act
d. Child Abuse Prevention and Treatment Act
Use of a restraint on a nursing home patient who is constantly wandering the halls is an example of: a. slander b. assault c. abuse d. false imprisonment
d. False Imprisonment
Diazepam is a Schedule ______ drug. a. I b. II c. II d. IV
d. IV
While working in the hospital you suspect a patient of illegal substance abuse. To whom do you report this? a. Hospital security b. Hospital administrator c. Head nurse d. Law enforcement
d. Law enforcement
In which situation could sexual activity with a patient be acceptable? a. The physician and patient are both consenting adults b. The patient agrees to sign a release form. c. The physician has clearly stated his or her intentions with the patient. d. Sexual activity is never acceptable with patients
d. Sexual activity is never acceptable with patients
Which would not be considered a tort? a. Medical malpractice b. False imprisonment c. Trespass d. Theft of Narcotics
d. Theft of Narcotics
Preparations containing limited quantities of narcotics (e.g. cough medicine) are considered Schedule _____ drugs. a. II b. III c. IV d. V
d. V
Which would not appear in an institution's policy on use of restraints? a. Under what circumstances restraints may be used b. What type of monitoring the patient will require c. What documentation is adequate to justify use of restraints d. What type of restraints can be used during a staffing shortage.
d. What type of restraints can be used during a staffing shortage.
In what instance is there no requirement for a HIPAA release? a. When a patient tells the provider they do not care about personal information, b. When a patients family member calls the hospital after hearing the family member was shot on the street. c. When a patient is admitted into the hospital after being in the emergency department. d. When a court issues a subpoena.
d. When the court issues a subpoena.
According to the Controlled Substances Act of 1970, a Schedule 1 drug has a _______ potential for abuse. a. low b. low to moderate c. moderate d. high
d. high
What are two allegations that are defamatory regardless of actual __________? - Sexual misconduct/criminal behavior - Allegations that plaintiff is afflicted with a loathsome disease
damage to reputation
What three things must be proven before __________ can be given? - Duty - Dereliction of duty - Direct cause
damages
What three types of _______ are there? - Compensatory - Punitive - Nominal
damages
What three individuals are involved in the landmark court decisions related to __________ and _______ discussed in the text? - Karen Ann Quinlan - Nancy Cruzan - Terri Schiavo
death and dying
What nine pieces of information are included in a ________________? - Age - Sex - Race - Education - Date of death - Parental information - Spousal information - Circumstances and cause of death - Final disposition
death record
What five things are included in the ___________ of a liability policy? - Name of insured - Aggregate limit - Period of time coverage is provided - Premium charged - Limitations of liability
declarations page
What are three requirements for _____________? - Must be communicated to a third person - Speaker must know (or should know) that the statement is false - Must be actual harm to the person's reputation
defamation
All the following are intentional torts except defamation assault. battery. infliction of emotional distress.
defamation. Defamation is a false statement that wrongfully damages the reputation of another person. Defamation is a type of quasi-intentional tort.
The right to ___________ or ________ states insurer's: - Duty to defend claims - Right to defend claims even if they appear to have no merit of appear fraudulent - Right to settle without permission of the insured
defend or settle
What are the three best _________ against false imprisonment with restraints? - Document behavior that necessitated restraints - Document use of restraints for patient safety - Restraints should be last resort
defenses
What are the three categories of _________? - Malfaesance - Nonfaesance - Misfaesance
dereliction of duty
Every ____________ require what two things? - Initialed and dated by transcriptionist - Initialed and dated by provider to show approval
dictated/typed notes
What two things must be established before __________ can be? - Duty - Dereliction of duty
direct cause
What nine offenses may warrant __________? - Violation of patient's rights - Working outside scope of practice - Failure to perform at the accepted standard of care - Fraud/abuse - Abandonment of patient - Falsifying documentation - Lack of documentation - Negligence - Violation of Stark Law
disciplinary action
______ = Consequences levied against an individual who has violated laws or ethical standards
disciplinary action
What are five examples of _________? - Profane language - Demeaning behavior - Racial jokes - Outbursts of anger - Failure to adhere to a policy without reason
disruptive behavior
Organization may have zero-tolerance policy for some _____.
disruptive behaviors
Most providers ______ medical records.
do not destroy
What are the four reasons for ___________? - Legal - Fraud - Continuity of care - Malpractice
documentation
This is necessary for an employee to be terminated for violating a policy that is clearly described in the company's policies and procedures as "immediate dismissal"
documentation of the offense in the employees file.
What does __________ in an employment context mean? employee's right that the employer follow all the specified procedures if the employee's job is in jeopardy
due process
What does the ___________________ page of an insurance policy list out? The responsibilities of the insured in the even of a claim/incident
duties and cooperation of insured
Workplace standards include description of _______.
duties of responsibilities of specific positions
what are the 4 elements needed in a negligence issue?
duty, dereliction of duty, direct cause, damages
what are the 4 elements needed in a negligence issue?
duty, direct cause, liability, damages
What are the six most common types of ___________? - Physical - Sexual - Emotional - Neglect - Abandonment - Financial
elder abuse
When it comes to reporting, what is regulated much like child abuse is?
elder abuse
What are the three aspects to remember about correcting _____________? - Same basic principles as paper records - Original entry should be viewable, person making change identifiable, reason for change noted - Amended record should be flagged as corrected
electronic medical records
The Privacy Rule requires that _____________ be sent in a universal format under a secure code to de-identify the patient's information.
electronic transmissions
What is an exception to duty?
emergency care for an accident victim on the side of the road
What must be shown to prove intentional infliction of __________________? Plaintiff must show defendant's conduct is outrageous and beyond the bounds of common decency. Insulting behavior is not enough.
emotional distress
What two things should the _________ help do? - Resolve disputes before they occur - Protect employer and employee from misperception and potential litigation
employee handbook
What two things should the _________ include? - Steps for hiring an firing - Policy for advancement
employee handbook
Administrative safeguards should have a plan for continuing training and education of ____________.
employees
Who commits workers' compensation fraud?
employers, employees, treating physicians
What does _________ mean? Either party may discontinue employment at any time
employment-at-will
What are the _________? (5) - Utilitarianism (teleology) - Duty-based ethics (deontology) - Rights-based ethics - Justice-based ethics - Virtue-based ethics
ethical theories
What are ___________ of an insurance policy? Circumstances for which coverage is not usually provided
exclusions
What are six examples of ___________ to an insurance policy? - Defamation of discrimination - Incident prior to policy effectiveness - Expected or intended injury - Assumption of liability - Criminal activity - Sexual misconduct or assault
exclusions
What roles do the ________________ serve in checks and balances? (2) - Proposes legislative action or veto - Appoint/nominate individuals to certain courts
executive branch
Workplace standards define_______.
expectations of employees
The two most common violations of the __________? Medicare/Medicaid fraud or prescription drug fraud
false claims act
What is the best defense against __________ in psychiatric settings? Show all requirements of involuntary commitment were met
false imprisonment
use of restraints on a nursing home pt. who is constantly wandering the halls is
false imprisonment
The ____________ is made up of: 94 judicial districts organized into 12 regional circuits
federal district court system
A birth certificate may be used for all of the following, except Incorrect Response acquire a Social Security number. register for school. file for a Certificate of Live Birth. apply for a marriage license.
file for a Certificate of Live Birth.
which is a patient's compensation for injuries that he or she has sustained?
financial
HIPAA consists of three titles. four titles. five titles. six titles.
five titles.
Physicians can reduce their liability risks by obtaining adequate diagnostic results before beginning treatment. double-checking dosage and medication for a patient. having an assistant present during examination. following all of the options.
following all of the options.
Attempt at deceit = ______________, does not matter if it is successful
fraud
Where is ___________ used? patients entering a hospital
general consent
which is necessary to help healthcare workers avoid accusations of battery
general consent
For battery to occur, all of the following conditions must be met except contact occurs. general consent was given. intent to cause contact. contact was harmful.
general consent was given.
Physical safeguards require that __________ and _______ used by covered entities be installed and removed properly to protect PHI.
hardware and software
The Privacy Rule requires ___________ to account for any disclosures of PHI for billing and administrative purposes.
healthcare providers
An inquest would be requested for which of the following situations, except suicide. heart attack at the hospital. gunshot wound. the patient died alone in his home.
heart attack at the hospital.
According to the Controlled Substances Act of 1970, a Schedule I drug has a ____ potential for abuse. low low to moderate moderate high
high
What does general consent in the ___________ usually grant? permission for employees of the hospital to "touch" the patient as needed to provide care
hospital setting
What are four elements of _________? - Must be life-threatening or pose risk of significant injury without treatment - Only necessary procedures are allowed - Consent should be obtained ASAP - Does not include those with religious prohibitions
implied consent
When is ___________ used? Emergencies/patient is unconscious
implied consent
A person arrives at the emergency department complaining of chest pain. While the doctor is examining the patient, the patient becomes unconscious. The physician performs life-saving measures to treat the patient. The physician determines that the patient needs emergency surgery or will die. The patient is rushed to surgery. This is an example of general consent. ethical dilemma. implied consent. informed consent.
implied consent.
A physician is convicted of negligence. The physician may face all the following penalties except monetary fines. imprisonment. a civil lawsuit. revoking the medical license.
imprisonment. Negligence by a healthcare professional is one of the most common violation of civil law. A violation of civil law may lead to a civil lawsuit by the victim, the revoking of the healthcare professional's license, and monetary penalties.
What are the controversies surrounding __________? -Informed consent of both parties -Disposal of unused fertilized eggs
in vitro fertilization?
A method of billing for services rendered by nonphysician providers is called copay. coinsurance. incident to billing. third-party payer.
incident to billing.
What are the three risks of practicing without __________ insurance? - Employer's insurance is there to protect the employer, not you - Does not provide coverage for certain acts of the employee - Future assets can be awarded
individual liability
Protected health information
information about any individual that is protected by law
What are the nine additional things ________ offer? - Defendant expense benefit - License protection - Personal liability protection - Medical payments - Assault coverage - Personal injury protection - First aid benefit - Damage to property of others - Deposition representation
insurers
which can be transferred
intent
What is required for battery to rise to the level of criminal battery?
intent to do harm or cause offense
What are the five major __________? - Assault - Battery - False imprisonment - Intentional infliction of emotional distress - Trespass
intentional torts
What are the three steps of resolving ___________? - Acknowledge existence - Communicate - Encourage effective listening
interpersonal conflict
What are four examples of _____________? - Appropriating name or likeness - Placing person in false light - Publishing private facts - Unreasonably interfering with seclusion
invasion of privacy
the statement "the information is true, but it is information that a person wants to keep private pertains to
invasion of privacy
Emotional intelligence is important in all the following except it helps people better plan and manage their time management skills. it allows people to better understand their and other people's emotions. to work more effectively as part of a team. it is an important asset to employer and in recruiting new employees.
it helps people better plan and manage their time management skills. Emotional intelligence is one's ability to perceive, understand, reason with and manage his or her emotions, and the emotions and behaviors of others. It allows us to be self-aware, self-confident, socially competent, and able to get along with others. It is an important consideration in human resources planning, job profiling, and recruitment.
All the following are true of professionalism except it is often referred to as "soft" or "people" skills. it is defined by one's ability to do his or her job and accomplish tasks. it is often based on one's values. it is how one conducts oneself.
it is defined by one's ability to do his or her job and accomplish tasks. Professionalism is generally how one conducts oneself at work. Often referred to as "soft" or "people" skills, professionalism are the interpersonal skills that help an individual successfully interact with others in the workplace. Professionalism is often based on one's values and understanding of his or her professional role. Professionalism may be difficult to define since it is not just one quality or skill.
All the following statements are true about a birth certificate except it is an official document. verification needs to be completed by the state registrar or Office of Vital Statistics. it is signed by a healthcare professional who was present at the birth. it verifies a live birth of a baby.
it is signed by a healthcare professional who was present at the birth. The birth certificate is the official record declaring a live birth of the baby. The birth certificate must first be verified by the Office of Vital Statistics or state registrar. A Certificate of Live Birth is an unofficial record of a live birth that is signed by the healthcare provider in attendance at the birth.
What is a common law?
judge made law
What role does the __________ serve in checks and balances? Declare laws unconstitutional
judicial branch
The lower judicial courts must follow the decisions made by higher courts in precedent-setting cases. This is called res ipsa loquitur. stare decisis. jurisdiction. statutory law.
jurisdiction. Previous decisions are considered precedent and binding on all lower courts. In Latin, this is called stare decisis, which means to stand by things decided or to adhere to decided cases.
Purpose of _________? - Govern people, relationships, behaviors, and interactions - Provide order in negotiating conflicts Resolve disputes without violence
law
Seven ______ interview questions? - Languages spoken - Birthplace - Marital status - Citizenship - Organizations or affiliations - Military experience - Only lawful as they relate to the position
lawful
What are four key elements to remember when a patient is _____________________? - Discuss possible consequences of leaving - Cannot bar patient from leaving - Cannot stop the patient from collecting clothes or belongings - Cannot touch the patient or their belongings to make them stay
leaving against medical advice
Breach of confidentiality is both a ____ and an _____ issue.
legal and ethical
Along with __________, employers and agencies may enforce sanctions..
legal consequences
What roles does the ___________ serve in checks and balances? (2) - Override vetoes - Declare laws unconstitutional
legislative branch
an individual's responsibility for his or her conduct for failure to meet a standard of care is called
liability
which is an individual's responsibility for his or her conduct for failure to meet standard of care?
liability
What are eight ways to prevent _____________ and ____________? - Always work within scope of practice - Never promise a cure - Identify and confirm identity of patient - Verify allergies - Document every patient encounter - Stay current in the field - Treat patients with dignity and respect - Work within job description
liability and malpractice
Clients usually require independent contractors to have _____.
liability insurance
What are ____________? fees collected and pooled into a fund by insurer
liability insurance premiums
a written statement of defamation is known as
libel
Professional liability insurers may also provide additional coverage, including plaintiff expense benefit. license protection. professional liability. professional injury protection.
license protection.
What are the two types of ____________ of liability? - Per incident or occurrence - Aggregate
limits
What is the controversy surrounding the use of ________? - Violates the tenet of "first do no harm" - Risk of death or loss of health for the living donor
living donors
Which of the following pushed for the adoption of patient medical records to an EHR system? Advances in technology Health Information Technology for Economic and Clinical Health Act of 2009 All of the options Health Insurance Portability and Accountability Act of 1996
ll of the options Technology has been an important driving force behind improvements made in healthcare, including reducing administrative burden by transitioning to an EHR system. Additionally, legislation, such as the passage of the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009, required the adoption of patient medical records to EHR systems.
Sexual harassment offenders may be ____ or ____.
male or female
Batter does not require ______.
malice
What are the nine defenses for ________? - Denial - Alternative dispute resolution (ADR) - Statute of limitations - Res judicata - Affirmative defense - Comparative negligence or contributory negligence - Emergency care - Good Samaritan laws - Assumption of risk
malpractice
48 states and DC designate specific professionals as ________ of child abuse.
mandatory reporters
The process by which a neutral third party facilitates dispute resolution is called
mediation
the process by which a neutral third party facilitates disputer resolution is called
mediation
What are the basic principles of __________? - Autonomy - Justice (consistency and fairness) - Beneficence (doing the most good, what is best for patients) - Non-maleficence (do no harm)
medical ethics
What are the eight elements of a __________? - Demographics - Insurance information - Consent forms - Medical history - Medications - Examination and notes - Labs and testing results - Communication
medical record
In what three ways can ____________ differ? - How it is organized - What is contains - Who is responsible for maintaining the records
medical records
What two things are needed for _____________ to hold up in court? - Should include a consent to treat form that explains the risks - Must be documented properly, accurately, and completely
medical records
which is not among the major intentional torts
murder
What are the two aspects of ___________? - Disruptive behaviors or violence - Attributable to lack of trust, communication, and discussion
negative conflict
Elements of __________: - Duty - Dereliction of duty - Direct cause - Harm/damages
negligence
Malpractice is a type of _______.
negligence
What four things are required to prove __________? - Duty - Dereliction of duty - Direct cause - Damages
negligence
what is the term for failure to use or not use the same care as used by a reasonably prudent person?
negligence
To establish a ____________, what three things must the plaintiff do? - Prove the four elements of negligence - Proof must be by "preponderance of evidence" - Show that it is more likely than not that the negligence occurred
negligence case
which is a way to resolve conflicts using alternative dispute resolution
negotiation, mediation, arbitration
The ___________ page of an insurance policy describes the conditions under which the insurer can elect not to renew or to cancel the policy.
nonrenewal or cancellation
The duties and cooperation of insured page in an insurance policy states how quickly after a claim the insured must ___________.
notify the insurer
physicians can reduce their liability risks by
obtaining adequate diagnostic results before beginning treatment
physicians can reduce their liability risks by
obtaining adequate diagnostic results before beginning treatment double-checking dosage and medication for a patient having an assistant present during examination **following all of the options
What are the four aspects of an ___________ professional liability policy? - Lifetime of coverage for incidents that occurred when the policy was in effects - But not for before or after the policy was in effect - Does not matter when the claim was filed - Safest protection
occurrence basis
the risk management supervisor is responsible for
overseeing all written communication for patients
To establish that a healthcare provider had a duty, the _____ should ask the following two questions: - Who are the responsible parties involved? - Was there a professional relationship between the patient and the provider?
patient
All the following have a specific retention period of patient records as outlined by state government laws except Medi-Cal patients. patient with private insurance, such as Anthem Blue Cross Insurance. Know-Keene Act. Workers' Compensation Cases.
patient with private insurance, such as Anthem Blue Cross Insurance.
A tort is harm against a ____ rather than against the _______.
person; state
Surgeries would it be reasonable for a physician to remove the organ mentioned w/o specific consent
physician finds an unexpected blood clot and removes it
Which of the following is an example of when a DNR order would be written? A man completing a living will before being admitted for surgery A person being contacted about his neighbor's wishes for life-sustaining treatment A physician writing an order after a patient is admitted into the hospital A wife telling a physician that her husband does not want to be resuscitated if he is in a coma
physician writing an order after a patient is admitted into the hospital Unlike other advance directives, a do not resuscitate (DNR) order is completed by a physician or hospital staff member, and not the patient. It is often referred to as a "physician's order."
What are the two aspects of __________ of patient's medical records? - Record of physician's work with the patient - Physician's tool for helping to ensure continuity of care
physician's ownership
Technical safeguards require that data must be secure at the __________ in the facility and at the receiving end of any communication (faxes, email, phones, etc).
point of use
The employee handbook outlines ________ and _________.
policies and procedures
What does a ___________ do? Sets forth the generic provisions found in most policies of the same type
policy jacket
What are __________? Clauses in an insurance contract that lay out the exact conditions for which coverage is provided
policy provisions
What do ____________ lay out? Amounts and exclusions with other restrictions
policy provisions
What four things can be included in ___________? - Coverage periods - Exclusions - Riders - Start dates
policy provisions
What are the two aspects of ___________? - Healthy discussion - Brings growth and change
positive conflict
What two government agencies oversee all providers licensed to ____________? - Drug Enforcement (DEA) - Food and Drug Administration (FDA)
prescribe drugs
What are the four ________? - Constitutional - Statutory - Administrative - Common (case) law
primary sources of law
What are the two aspects of a ____________ policy? - Covers incidents that occurred before the effective date of the policy - Requires an additional premium
prior acts coverage
What are the six components of a typical _______________ policy? - Declarations page - Policy provisions - Exclusions - Duties and cooperation of insured - Nonrenewal of cancellation - Right to defend or settle
professional liability
Seven __________? - Respectfulness - Competence - Dependability - Trustworthiness - Commitment - Approachability - Accountability
professional qualities
Criminal Health Care Fraud Statute?
prohibits knowingly and willfully executing, or attempting to execute, a scheme or artifice in connection with the delivery of or payment for health care benefits, items
What is liability insurance's primary objective?
protect your assets in event of judgement or settlement against you
PHI stands for patient health insurance. protected health insurance. protected health information. private health information.
protected health information.
Original medical records belong to who?
provider or facility
How can medical records be stored by ________? - Microfiche/secure storage facility - EHR makes storage easier
providers
In healthcare, false imprisonment arises in what three settings? - With involuntary _________________ - With use of restraints (physical or chemical) - When a patient attempts to leave hospital against medical advice
psychiatric commitments
All are types of medical doctors or physicians except doctors of osteopathic medicine. doctors of chiropractic medicine. psychologists. psychiatrists.
psychologists. Fully licensed physicians may be either medical doctors (MDs) or doctors of osteopathic medicine (DO). Both credentials are equivalent in the practice of medicine. There are other types of doctors that provide more focused and specialized care to patients, such as a psychiatrist. Although psychologists have advanced education and training to treat patients, they are not considered medical doctors.
What two things maintain __________? - Centers for Medicare and Medicaid Services (CMS) - US Department of Health and Human Services (DHHS)
public health records
awards that are intended to punish are considered
punitive
Most specialties have their own organizations that review __________, _____________, and ________________.
qualifications, compliance, and licensure
allied health professionals can avoid negligence by conducting themselves in which way when providing patient services?
reasonably
What five types of ________ are there? - Certification boards - Licensing boards - State and Federal agencies - Office of the Inspector General - State level medical practice act
regulating agencies
What two things must be ___________? - Epidemic or disease that could be transferred to many individuals - Some dog bites and animal encounters
reported
Medical records are considered a legal record and may be ______ or ______.
requested or subpoenaed
To use _____________, what are the possible six things must have happened? - Evidence of negligence must unobtainable OR - Healthcare provider has superior knowledge or means of obtaining evidence OR - Type of injury normally would not occur without negligence OR -Patient was not responsible OR - Healthcare provider was responsible for patient at the time of the negligence OR - Provider had exclusive control over the circumstances
res ipsa loquitor
"the thing speaks for itself"
res ispa loquitur
"let the master answer"
respondeat superior
What does ___________ mean for employers? They are responsible for the action of employees while in the course of employment
respondeat superior
A patient in a persistent vegetative state (PVS) may have all the following except respiration. eye movement. response to painful stimuli. consciousness.
response to painful stimuli. Patients in a persistent vegetative state (PVS) may blink, breathe on their own, experience regular sleep-wake cycles, move their limbs as a reflex, track objects with their eyes and smile. PVS is associated with varying degrees of consciousness; most PVS patients have no awareness of and, therefore, no ability to respond to external stimuli.
What is a ____________? an add-on provision to a basic insurance policy that provided additional benefits to the policyholder at an additional cost
rider
What are two roles of the _____________? - Monitor all aspects of prevention of malpractice - Guard the practice against issues of fraud and abuse
risk management supervisor
establishing and putting into place the forms required for patient encounters, including informed consent, and for billing is the ______'s job
risk management supervisor
who can protect a physician from liability
risk management supervisor
Employers have a general duty to ________ where employees are _____.
safe work environment; free from harm
Victims of sexual harassment can be of the _____ or ____ gender.
same or different
The duties and cooperation of insured page of an insurance policy usually requires the insured to assist in _________ and _______ evidence.
securing and providing
Administrative safeguards may appoint a staff member as _____.
security officer
Compliance officers may be a ___________, or carried out by a supervisor or manager.
separate full-time position
If an insurer pays a claim even though the physician contends that he or she was not at fault, the insurer may be exercising the right to contribution. settlement. indemnification. defense.
settlement.
which situations could sexual activity with a patient be acceptable
sexual activity is never acceptable with patients
What five types of people may ___________ a death record? - Physician - Medical examiner - Nurse practitioner - Forensic pathologist - Coroner
sign off on
All documentation in a medical record must be ____ or ______.
signed or initialed and dated
Release of information from a medical record can only be done with _____.
signed written release from patient
What is the purpose of liability insurance?
spread risk of loss among members of a group with common risk
What are three duties of a risk management supervisor? - Safety of _____ and ______ - Communication - Documentation
staff and patients
What are the __________? - Denial - Anger - Bargaining - Depression - Acceptance
stages of grief
All healthcare professionals must wash their hands before providing direct patient care. This is an example of standard of care. standards of practice. code of ethics. medical ethics.
standard of care. Standard of care sets minimum criteria for job proficiency and establishes basic requirements for skill and care commonly used and expected of the healthcare professional of that same or similar branch of medicine.
All of the following are sources of law except administrative law statutory law state judicial rulings Bill of Rights
state judicial rulings
What does each __________ do? Provides laws that govern scope or practice and licensing requirements
state medical practice act
what term is used to describe the amount of time a plaintiff has after an injury to file a lawsuit?
statue of limitations
type of tort has its essence the relationship to or ownership of things that cause harm
strict liability
In the SOAP format, the "A" would include information that the healthcare provider can measure. summation of the healthcare provider's impression including the possible diagnosis. past family history. chief complaint.
summation of the healthcare provider's impression including the possible diagnosis.
What are the two aspects of ____________ policies? - Extends coverage beyond the expiration date for a specified period - Does not cover acts committed during the daily period only acts during the expired policy term
tail coverage
Methods of ____________ include data encryption and anti-virus protection.
technical safeguards
Under CLIA, moderate to highly complex ______ require a lab to have a CLIA certificate, be inspected and meet quality standards.
tests
What must be proven for dereliction of duty?
that there was a failure to perform a duty
With torts, the case is brought by _____.
the individual harmed
What does the office of ___________ do? Investigates and protects the integrity of the Department of Health and Human Services.
the inspector general
All the following may be reasons for voluntary sterilization except the patient is receiving chemotherapy for cancer. the patient has multiple children and does not want more. the patient is over 40 years of age. the patient does not want to have any children.
the patient is over 40 years of age. Patients may choose voluntary sterilization due to economic and medical reasons, or have decided not to have children. In general, advanced age is not a reason for voluntary sterilization.
Employees that receive workers' compensation generally waive ______.
the right to sue their employer
When a healthcare worker informs a patient of their STD infection, what else bust they inform them about?
the risks of transmission
which of the following student might be guilty of ordinary negligence?
the student moves a patient in a wheelchair at a high speed and does not use wheel brakes during stops
documentation for using restraints should include
the type of monitoring the patient will require
Documentation for using restraints should include the type of restraint. the patient's attitude about being restrained. the type of monitoring the patient will require. the age of the patient.
the type of monitoring the patient will require.
What is a defense against defamation in ________? Being cautious with assessments of employees' job performance to prospective employers
the workplace
which would not be considered a tort?
theft of narcotics
What is the criminal penalty for a ______ HIPAA violation? Reasonable cause or no knowledge of violation - up to 1 year in jail
tier 1
What is the criminal penalty for a ______ HIPAA violation? Obtaining PHI under false pretenses - up to 5 years in jail
tier 2
What is the criminal penalty for a ______ HIPAA violation? Obtaining PHI for personal gain or with malicious intent - up to 10 years in jail
tier 3
EMTALA only applies _______.
to emergency rooms that receive payment from federal health programs
What are the four types of ______? - Negligence - Strict liability - Intentional torts - Quasi-intentional torts
torts
The Office of the Inspector General's compliance plan recommends focusing on which of the following areas except training and education. kickbacks and self-referrals. medical billing and coding. documentation.
training and education. The Office of Inspector General recommends the focus of a compliance plan include: coding and billing; reasonable and necessary services; documentation; and improper inducements, kickbacks, and self-referrals.
One of HIPAA's primary objectives is to transition patient information from paper to electronic. all covered entities access to patient information without prior approval. make medical charts easier for healthcare providers to read. allow healthcare providers the ability to access medical charts from home.
transition patient information from paper to electronic. With the passage of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), one of its primary objectives was for healthcare organizations to transition from paper medical charts to electronic medical charts.
What are three key elements of ____________ in healthcare settings? - Must leave if patient requests - Landowners is authorized to use reasonable force to remove a trespasser - Does not matter if the healthcare worker has a good reason for refusing to leave
trespass to land
What is the best defense against defamation?
truth
What does an ___________ do? Provides coverage beyond the amount limits of the basic policy
umbrella policy
Workplace violence can be _____ or ______.
verbal or physical
What is __________? acts or omissions of the employee are assigned to the employer
vicarious liability
which would NOT appear in an institutions policy on use of restraints
what type of restraints can be used during a staffing shortage
consent is implied
when the patients life is threatened if the procedure is not performed
Common term for qui tam?
whistleblower
Respondeat superior covers actions ___________ only.
within the scope of employment
What does having a high emotional intelligence (EI) mean for the workplace?
work well on teams, flexible with change
to help prevent malpractice, a healthcare provider should
work within their scope of practice
____________ = Insurance provided by the state to cover medical costs and wage replacement for employees injured on the job
worker's compensation
Physical safeguards includes physical storage and access to ______.
workstation
Controlled substances require ______ and have _______
written prescriptions; limited or prohibited refills
