HealthCare Law and Ethics

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Court order

(1) An adjudication by a court. (2) The ruling by a court with respect to a motion or any other question before it for determination during the course of a proceeding.

Which is an example of emancipation of a minor?

17-year-old who enters the armed forces

Which constitutional amendment prohibits double jeopardy?

5th

Quid pro quo

A Latin phrase meaning "this for that"; a type of sexual harassment

Probable cause

A belief based on specific facts that a crime has been or is about to be committed.

Law

A body of rules of action or conduct prescribed by a controlling authority that has binding legal force.

Exempt employee

A category under the Fair Labor Standards Act for an employee who is paid a salary as opposed to wages, exercises discretion in performing his work, is primarily responsible for managing a business or department, routinely manages others, and possesses the authority to hire and fire other employees.

Causation

A causing; the producing of a result.

Personal health record

A collection of a patient's important health information that can be drawn from multiple sources and that is managed, shared, and con- trolled by or primarily for the individual patient.

Subpoena

A command in the form of written process requiring a witness to come to court to testify; short for subpoena ad testificandum.

Privilege

A concept protecting the statements made by persons within a specific relationship, such as attorney- client, from forced disclosure.

Consent

A concurrence of wills. An agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another.

Health care relationships

A connection between a health-care provider, patient, and/or hospital that serves as the basis of a lawsuit.

Hospital-physician relationship

A contractual agreement between the physician and the hospital allowing the physician to bring patients to the hospital to receive treatment.

Show cause order

A court decree directing a person or organization to appear in court and explain why the court should not take a proposed action. If the person or organization fails to appear or sufficiently persuade the court to take no action, the court will take the action originally proposed.

Warrant

A court's prior permission for the police to search and seize.

Mandatory testing

A decision by the legislature or court that forces an individual to receive testing for some health reason, without granting the individual the right to refuse.

Charitable immunity

A defense that shields a charitable institution from liability for any torts committed on its property or by its employees.

Permissive and mandatory exclusion

A deterrent to fraud and abuse where the health-care provider is barred from participation in the Medicare program and all other federally financed health-care programs.

Physical examination

A discovery device used to evaluate the physical condition of a plaintiff in a lawsuit when such condition is in question.

Electronically stored information (ESI)

A distinct category of information that includes e-mails, Web pages, word processing files, and databases stored in the memory of computers, magnetic discs (such as computer hard drives and floppy disk), optical discs (such as DVDs and CDs), and flash memory (such as thumb or flash drives).

Preemption

A doctrine adopted by the U.S. Supreme Court that certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws. As such, a state law inconsistent with that of the federal law will be held invalid.

Corporate negligence

A doctrine defined as the failure of a hospital, entrusted with the task of providing the accommodations necessary to carry out its purpose, to follow the established standard of conduct to which it should conform.

Assumption of risk

A doctrine stating that a plaintiff who voluntarily exposes himself or herself to a known and appreciated danger may not recover damages caused by incurring that risk.

Vicarious liability

A doctrine that makes a health-care organization responsible for the negligent acts of its employees committed within the course and scope of their employment. Also known as respondeat superior.

Governmental immunity

A doctrine that precludes a plaintiff from asserting a meritorious lawsuit against a governmental entity unless the governmental entity consents to the lawsuit.

Health record

A document that contains a complete and accurate description of a patient's history, condition, diagnostic and therapeutic treatment, and the results of treatment.

Record retention schedule

A document that details what data will be retained, the retention period, and the manner in which the data will be stored.

Certificate of destruction

A document that shows what data and records were destroyed, who destroyed those data and records, and the method used for that destruction.

Belmont Report

A document which identifies the ethical principles to be used to prevent unethical use of human subjects in research.

Living will

A document, executed while a patient is competent, that provides direction as to medical care in the event the patient is incapacitated or unable to make personal decisions. A form of advance directive; each state must determine the legal rights of the patient to use a living will.

Fraud and abuse

A false misrepresentation of fact that is relied on by another to that person's detriment and is a departure from reasonable use. This false misrepresentation of fact may take the form of words or conduct.

Reasonable fee

A fee charged by the health-care provider for the reproduction of the medical record. Individual facilities have policies determining what a reasonable fee should be. The amount of the fee is a controversial national issue.

Civil money penalty

A fine imposed on a health-care provider who files false or fraudulent claims.

Limited data set

A form of data in which direct identifiers have been removed.

E-discovery

A form of discovery that focuses on information stored electronically, such as that contained in electronic health records, and requires collecting, preparing, reviewing, and producing electronic documents in a variety of criminal and civil actions and proceedings.

Hostile work environment

A form of sexual harassment involving unwelcome sexual conduct that is sufficiently pervasive or severe enough to alter the terms or conditions of employment.

Encryption

A form of technical security used to ensure that data transferred from one network location to another is secure from eavesdropping or interception.

Institutional review board (IRB)

A group formally designated by an institution to safeguard the rights and welfare of human subjects by reviewing, approving, and monitoring medical research.

Anti-kickback statute

A law prohibiting the offer or solicitation of remuneration, including kickbacks and rebates, in exchange for referrals of Medicare-payable services.

Accounting of Disclosures

A list of all disclosures made of a patient's health information.

Corrections to the record

A method by which a mistake contained in a patient's health record is altered or modified according to standard practices.

Failure to warn

A negligence theory that applies to a psychotherapist's failure to take steps to protect an innocent third party from a dangerous patient. Also known as failure to protect.

Notice of privacy practices

A notice required by law that requires the health-care provider to notify the patient of the uses of patient-specific health information and provide an opportunity to consent, reject, or request restriction of the information for any of the uses contained in the notice.

Incompetent

A person who is unable or unfit to make decisions.

Disability

A physical or mental impairment that substantially limits one or more of the major life activities of an employee; a record of such impairment; or being regarded as having such an impairment.

Functional limitation

A physical or mental limitation of a major life activity caused by a disability.

Plain view doctrine

A policy that allows police to seize contraband or evidence that is openly visible in an area where the police are authorized to be.

Categorical imperative

A principle of deontology that means a command derived from a principle that does not allow exceptions.

Unemployment insurance

A program designed to provide regular income to those who have lost their jobs.

Workers' compensation

A program designed to replace income and provide medical expenses to employees who are injured, become ill, or die as a result of their jobs.

Compliance Program

A program ensuring the use of effective internal controls that promote adherence to the applicable local, state, and federal laws and regulations and the program requirements of federal, state, and private health plans.

Salary

A rate of pay given on a weekly, monthly, or yearly schedule.

Official record

A record containing that information necessary to document the patient's care and treatment: history and mental status exam, consent forms, treatment plans, physician orders, laboratory results, etc. This record is required to be maintained by law.

Personal record

A record, separate from the official medical record, maintained by the clinician in the mental health or developmental disability context that gives the clinician's viewpoint of the patient and their communications.

First step to establishing liability is that _____.

A relationship must be established between a healthcare provider and a patient

Undue hardship

A specific accommodation that creates significant difficulty or expense for the employer.

Professional disclosure standard

A standard used in the negligence context to determine liability. It is measured according to the level of information a reasonable health-care provider would disclose under the same or similar circumstances.

Reasonable patient standard

A standard used in the negligence context to determine liability. It is measured as the level of care that would be exercised by a reasonably prudent person under the same or similar circumstances.

Which statement is associated with federal regulations regarding the patient identification in a substance abuse program?

A substance abuse treatment facility has an unconditional obligation not to identify patients who have been treated

Anonymous testing

A system that assigns a unique identifier to the individual tested, thereby protecting his or her identity.

Litigation response plan

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

Electronic signature

A type of signature that uses soft- ware applications to bind a signature or other distinguishable mark to a specific electronic document.

No-knock warrant

A warrant that allows the police to enter without announcing their presence in advance.

Public health threats

A wide variety of health-care problems that potentially endanger the public health and must be reported to a public health agency. Common public health threats include communicable diseases, child abuse, fetal deaths, and cancer.

Tort

A wrong involving a breach of duty and resulting in an injury to the person or property of another. A tort is distinguished from a breach of contract in that a tort is a violation of a duty established by law, whereas a breach of contract results from a failure to meet an obligation created by the agreement of the parties. Examples of activities considered a tort include medical malpractice, defamation, and invasion of privacy.

Punitive damages may be awarded _____.

Above and beyond actual damages

Ethical concepts

Abstract ideas or thoughts that deal with ethics.

phrase deeming authority means to substitute compliance with _____.

Accreditation standards for compliance with CMS regulations

emancipated minor is one who is _____

Actively serving in the US armed forces

Subpoena ad testificandum

Ad testificandum means "testify under penalty." A subpoena ad testificandum is a subpoena to testify.

What are two main differences between mental health records and general health records?

Additional requirements for patient record content and more stringent privacy requirements are associated with mental health records

Which is required of psychiatric facilities that receive Medicare funds?

Adherence to conditions of participation for documentation

Which is considered an identifier of protected health information?

Admission date

Health information becomes confidential _____.

After it is made available to the healthcare provider

Which is an example of social information associated with the health record?

Alcohol, tobacco, and work history

Cost-benefit analysis

All possible options are considered, the utility or value of each option is determined, and the option that poses the highest total utility is chosen. Net benefits are compared against costs to reach a decision. The option that offers society the best benefits at the least cost or offers businesses the greatest return for the lowest costs is seen as the logical choice.

Authorship of a health record entry may be complicated by _____.

Allowing the user to copy and paste, possibly into the wrong record

Durable power of attorney

Allows a competent individual to name someone else to exercise health-care-related decisions on his or her behalf, in the event the individual becomes incapacitated or unable to make personal decisions. This term is some- times referred to in a shorten fashion as durable power of attorney.

Federal Privacy Act _____.

Allows a patient greater access to records than is provided for by HIPAA

Which would create an ethical concern?

Altering statistics to meet accreditation requirements

Assault

An act of force or threat of force intended to inflict harm upon a person or to put the person in fear that such harm is imminent; an attempt to commit a battery. The perpetrator must have or appear to have the present ability to carry out the act.

Reasonable cause

An act or omission in which a covered entity or business associate knew, or by exercising reasonable diligence would have known, that the act or omission violated an administrative simplification provision, but in which the covered entity or business associate did not act with willful neglect.

When an error is made in the healthcare record, _____

An addendum to the EHR or paper-based record should be documented, leaving the original entry in place

Motion to quash

An approved method to challenge a subpoena duces tecum in which a court determines whether documents and things must be produced pursuant to the subpoena.

Etiquette

An area of study focusing on how human beings relate to one another under certain circumstances; a social code of customs and rituals.

Compound authorization

An authorization for use or disclosure of patient-specific health information that has been combined with another document.

Release of information may be made without patient consent in the event that _____.

An emergency situation exists, requiring patient records

Full-time employee

An employee who works thirty hours per week or more.

At-will employment

An employment arrangement that allows the employer to terminate the employee at any time and allows the employee to leave the employer at any time.

Article X of the Evidence Rules allows

An exact duplicate copy to serve as evidence in lieu of an original

Business record exception

An exception to the hearsay rule that permits business records to be admitted into evidence even though they are hearsay. Medical records admitted as evidence under this exception must first meet the foundation requirements of the exception.

Wages

An hourly rate of pay.

Under Title VII, an employer may refuse employment to a person due to:

An inability to speak English

Employee

An individual hired by another, such as a business firm, to work for wages or a salary.

Independent contractor

An individual who agrees to perform certain work according to his or her own means, manner, and methods of performance.

National health information infrastructure

An inter- operable electronic exchange of data between health- care providers, government, and third-party payers.

healthcare provider's obligation regarding a business associate's compliance with the HIPAA Privacy Rule includes _____.

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

Duty of care

An obligation, enforced by law, to con- form to a particular standard of care toward another. Failure to conform to this standard will result in liability for any harm sustained by another person.

Paternalism

An outdated principle in which the health- care professional acts in the role of a father to his children, deciding what is best for the patient's welfare without first being required to consult with the patient.

Which of the following must be demonstrated in order to charge invasion of privacy?

An unwarranted exploitation of an individual's personality occurred

Reasonable accommodation

Any change in the work environment or in the manner in which things are customarily done that enables a qualified person with a dis- ability to have equal employment opportunities.

Serious health condition

Any injury, illness, impairment, or physical or mental condition requiring either inpatient care at a hospital, hospice, or residential medical care facility or continuing treatment by a health- care provider.

Workplace barrier

Any workplace obstacle, whether physical or procedural, that prevents an employee from performing the duties of the job, whether those duties are considered essential or marginal.

Which is an ethical challenges related to coding?

Assigning multiple codes to increase DRG payments

DHHS Office of the Inspector General (OIG) is _____

Authorized to conduct civil and criminal investigations of fraud associated with Medicare

Hospital-patient relationship

Begins when the patient is voluntarily admitted to the hospital and agrees to pay for the treatment to be rendered. The relationship ends when the patient leaves the hospital through discharge or against medical advice.

Specialized patient records are especially characterized as _____.

Being voluminous, creating storage issues

Which is an example of a nonclinical use of the health record?

Billing to and reimbursement by third-party payers

U.S. Supreme Court decides which cases to hear:

By a writ of certiorari

55 year-old male who has been laid off from work at a facility has applied for a position with another healthcare facility. Which is a consideration that should be made in the decision to hire him or not to hire him?

Can he physically perform the job for which he is being considered

parent will not be granted access to the health care record of his or her child who has not yet reached the age of majority when the minor child _____.

Can lawfully obtain health care without parental consent

Employees who are considered at-will employees are those who _____

Can leave an employer or be terminated at any time

Admissibility of the health record into evidence is guided by Federal:

Civil Procedure Rules of Evidence

Which is the most common form of health care fraud and abuse?

Claims and billing practices

From a statutory perspective, CFR is an abbreviation for _____.

Code of Federal Regulations

Which recognizes the patient's right to bring a lawsuit for damages or relief against someone who obtains, releases, or uses protected health information (PHI) inappropriately?

Common law basis

legal health record is defined as that containing the _____.

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

When an incorrect entry is documented in the electronic health record (EHR), the responsible provider documents the correction as an addendum in a new document and a(n) _____ links the original document (that contains the incorrect entry) to the addendum.

Computer code

Intentional infliction of emotional distress

Conduct by the defendant that is so extreme and outrageous that it causes the plaintiff to suffer severe emotional distress.

Authentication

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

Which of the below is part of informed consent?

Consent must be received from a competent adult for it to be valid

COBRA is the abbreviation for _____.

Consolidated Omnibus Budget Reconciliation Act

What are financial settlements or arrangements that specify rules of conduct to be followed to remedy any fraud and abuse found plus any monitoring and reporting requirements?

Corporate integrity agreements

Discovery requests for information from a patient records must be complied with when _____.

Court orders authorizing disclosure are based on a finding of good cause

Which federal government official has the power to promulgate rules and regulations?

DHHS Secretary

Slander

Defamation expressed by oral expressions or transitory gestures made to a third party.

Libel

Defamation expressed in print, writing, pictures, or signs and made available to a third party.

primary responsibility for investigating claims of fraud committed against the military's health insurance programs is the responsibility of the _____.

Defense Criminal Investigative Service

Which changed the nature of compliance programs for some institutions from voluntary to mandatory and provided a financial incentive for states to adopt laws similar to federal laws regarding fraud and abuse?

Deficit Reduction Act

Which provides the most accurate sequence in the ethical decision making process?

Define the issue, determine available options, implement the decision

Which is an example of personal information associated with the health record?

Demographic data, such as address

If a patient requests that his health record be corrected or altered, the provider may accomplish this by _____.

Denying the patient's request by informing the patient of this in writing

To determine if the information provided was sufficient to obtain informed consent, the element of _____ is required.

Description of possible complications

Best Interest Standard

Determining what is in the best interest of another who cannot it determine it for herself

Disclosure of information

Disclosure of health information is governed by two principles: (1) medical records remain within the provider's control and safe- keeping and may be removed only in accordance with a court order or subpoena; (2) the health-care provider may not disclose or withhold health information at will.

Blank _________ can be defined as those devices or tools used by one side to obtain facts and information about the case:

Discovery

In the context of ethics, the belittling or criticizing of skills, knowledge or qualifications of another professional is referred to as _____.

Disparagement

fair distribution of benefits and burdens refers to _____.

Distributive justice

Trial courts in the federal system are called _____.

District

Institutional standards of care _____

Do not carry the force of law

Informed consent is a _____.

Document attesting to the patient's agreement to treatment permitted or provided

Federal and state statutes (laws) that directly impact the quality of the health record include requirements about _____.

Documentation requirements

When obtaining informed consent, which information must be part of the process?

Documentation that discussion occurred

official record regarding mental health care is _____.

Documented by providers and includes care and treatment

Subpoena duces tecum

Duces tecum means "bring with you under penalty." A subpoena duces tecum is a written command requiring a witness to come to court to testify and at that time to produce for use as evidence the papers, documents, books, or records listed in the subpoena. It is often used in the context of health information management to command the custodian of the records to produce a particular record at trial or deposition and provide testimony to the authenticity of the record produced.

Which is an obligation to behave in a certain way, such as the expectation by the medical profession that physicians will act or practice medicine in a reasonably prudent manner?

Duty to Care

What is a process in development to combat increased costs associated with the legal discovery of the electronic health record?

ECRM

Anti-dumping law is abbreviated as _____.

EMTALA

Leased employee

Employees who are employed by a service firm and are assigned to work at a business or an organization; sometimes referred to as temporary employees.

Part-time employee

Employees who work less than thirty hours per week.

employer is obligated to verify the _____ of employees who are hired to work

Employment authorization and identity

Incorporating ethics into an employee's performance evaluation _____.

Encourages the employee to treat others with respect

focus of the passage of the Patient Self-Determination Act (PSDA) is to _____.

Ensure that a patient's right to make health-care decisions is communicated and protected

Treatment program

Entities whose sole purpose is to provide alcohol or drug abuse diagnosis and treatment.

In the healthcare context, the distributive justice criterion of equity refers to the _____.

Equal distribution of healthcare procedures and services to all in need

ERISA binds an employer to _____.

Establish minimum standards for employee participation in a company retirement plan

Which is the formal study of moral choices that conform to standards of conduct?

Ethics

Morals and values are internalized concepts, whereas ____ are defined or acknowledged through expressed behaviors regarding ideals.

Etiquette and laws

Which government agency's authority extends beyond the jurisdiction of other government programs?

FBI

patient's friend or family may be given access to medical records in the event that the _____.

Family member is the custodial parent of a minor child

release of health records from drug and alcohol abuse programs is governed by _____ regulations.

Federal

Regulations about medical records are enforced by _____.

Federal and state agencies

Statute of limitation

Federal and state laws prescribing the maximum period of time during which various types of civil actions and criminal prosecutions can be brought after the occurrence of the injury or offense.

Statute of limitations

Federal and state laws prescribing the maximum period of time during which various types of civil actions and criminal prosecutions can be brought after the occurrence of the injury or offense.

When determining which entity's federal or state law concerning the control of health information control is preemptive, the health information manager must understand that the _____.

Federal or state law that is more stringent is followed

Patient identification

Federal regulations restrict identification of a patient who is in a facility publicly identified as providing substance abuse treatment. Written consent of the patient or a court order is required for disclosure.

According to the AMA, it is ethical for a physician to hold a financial interest in a health care facility when the physician's _____.

Financial interest is disclosed to those referred for services

Corporate integrity agreements (CIA)

Financial settlements involving written agreements that specify the rules of conduct to be followed to remedy health-care fraud and abuse, plus any monitoring and reporting requirements.

Foundation Requirements

Foundation requirements of the business record exception must be established during testimony by the health information manager. The manager must possess knowledge of the requirements to create and maintain a medical record issued by governmental entities, accrediting agencies, and internal policies and procedures of the health-care provider, along with knowledge of the manner in which data are recorded.

Which is the false misrepresentation of fact that is relied on by another to that person's detriment and a departure from reasonable use?

Fraud and abuse

Which are subject to federal regulations regarding drug and alcohol treatment programs?

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

Exigent circumstances

Generally a time sensitive or emergency situation that allows a search to proceed without a warrant.

Whistle-blowers

Generally, a current or former employee of a health-care provider or organization who has learned of fraud and abuse and wishes to expose the activity.

Ethics committees

Groups formed within an organization to establish new and evaluate existing ethics codes and corporate polices and to address ethical issues that arise in the workplace.

Labor union

Groups of employees joined together to protect their jobs, seek improvements in working conditions, and create a formal method to communicate with the employer as a group.

Declaration of Helsinki applies to _____.

Guidelines followed when conducting research involving human subjects

Federal legislation that specifically addresses the release of protected health information is called _____.

HIPAA

Which implements the concept of gatekeeping to contain healthcare costs?

HMO's

Veracity

Habitual truthfulness and honesty; the opposite of the practice of intentionally deceiving or misleading.

use of physician handwritten signature stamps to authenticate health record entries _____.

Has been eliminated by CMS

employer is permitted to terminate an employee who ____

Has been found guilty of a DUI

Disclosure with patient authorization

Health information may be disclosed to third parties on written authorization of the patient. Certain components must be present for the written authorization form to be valid.

Disclosure without patient authorization

Health information may be disclosed to third parties without written patient authorization in limited circumstances, such as medical emergencies, scientific research activities, and audits.

De-identified data

Health information that is stripped of all identifiers.

De-identified health information

Health information that is stripped of all identifiers.

Specialized patient records

Health records of patients undergoing treatment for certain illnesses, such as sub- stance abuse or mental illness, or in nonacute care set- tings, such as the patient's home. These records are subject to different legal requirements from those in an acute care setting.

Hybrid record

Health records that are based partially in paper form and partially in electronic form.

Which concept provides the original basis for maintaining confidentiality between patient and healthcare provider?

Hippocratic oath

Regulations concerning medical records may control _____.

How they are to be maintained

Authorship

Identifies the health-care provider who has made an entry in the patient record, in writing or by dictation, keyboard, or keyless data entry.

When a substance abuse treatment program is acquired by another program, the next course of action is that _____.

If any patients refuse consent to transfer, those records may be destroyed or retained in compliance with the statute of limitations

If an item was not charted in a health record, it is presumed that _____

If it wasn't documented, it wasn't done

Which legislation requires employers to verify the identity of employees prior to hiring them?

Immigration Reform and Control Act

Which statement about the substance abuse treatment is true?

In certain circumstances, parental consent is required to authorize treatment

Contributory negligence

In the law of negligence, a failure by the plaintiff to exercise reasonable care that, in part at least, is the cause of an injury. Contributory negligence defeats a plaintiff's cause of action for negligence in states that have not adopted the doctrine of comparative negligence.

business or organization has the least control over the work product prepared by _____.

Independent contractors

After the destruction of records, a certificate of destruction ____.

Indicates what was destroyed as well as the method of destruction

Protected health information (PHI)

Individually identifiable health information that is transmitted by electronic media, maintained in electronic medium, or transmitted or maintained in any other form or medium.

Genetic information

Information about an individual or family obtained from a genetic test or an individual's DNA sample. Genetic information relates to a person's future, not past, health.

Pretest counseling provided to a patient for HIV testing includes _____

Information about the types of tests, testing methodology employed, and the meaning of test results

invalid release of information contains _____.

Information known to be false

Which is a major concern regarding the destruction of records?

Information that identifies patients must be maintained as confidential

Autonomy is viewed as a freedom unless it _____

Interferes with another's rights

Questions presented to a party used to gather evidence are part of a(n):

Interrogatory

physician-patient privilege applies to information obtained in the context of _____.

Introduction of evidence at trial

In addition to standard documentation requirements, the Joint Commission requires _____ to be documented in mental health records.

Involvement of the family members in treatment programs

Which statement is associated with civil law?

It is an area of law and justice that attempts to settle disputes among individuals

Which of the following is true regarding the physician-patient privilege?

It is designed to prevent forced disclosure of information by the health care provider

How does the law speak to mandatory testing?

It may be enforced through a court order

Substantially equal

Jobs or work performed under similar working conditions and requiring equal skill, effort, and responsibility.

Standards that apply to facilities providing mental health, mental retardation, and developmental disability services are promulgated by the _____.

Joint Commission

Beneficence refers to _____.

Kindness, mercy, and charity

A release of information (ROI) authorization signed and dated by the patient is considered invalid when it _____.

Lacks a specific description of the information requested

Privacy statutes

Laws that generally correspond with the principles found in the federal Privacy Act: a presumption of confidentiality that may be rebutted with evidence of patient authorization to disclose information.

Physician self-referral prohibitions

Laws that prohibit physicians from referring patients to services when the physician possesses a financial interest in or will receive payment in return for the referral.

Qui tam actions

Lawsuits that allow private plaintiffs to sue on behalf of the U.S. government and receive a portion of the recovered funds if successful.

Defamation

Libel or slander; the written or oral publication, false or intentional, of anything that is injurious to the good name or reputation of another person.

minimum necessary standard refers to the healthcare provider's effort to _____.

Limit patient-specific health information released to that which is needed to accomplish the intended purpose only

HIPAA provides for two exceptions in which approval for research does not require full IRB review. They include _____.

Limited data set and de-identified information

consent to release patient information is required when _____.

Litigators are seeking potential clients

destruction of records _____.

May be performed in the regular course of business following a specified retention period

Accrediting standards _____.

May be used in establishing a standard of care during a negligence action

Substance abuse in the workplace _____

May contribute to illegal behavior to support the habit

Prospective payment systems and health maintenance organizations reward healthcare providers monetarily for maintaining lower costs and penalize those providers who do not keep costs within preestablished limits. With regard to ethics, placing such monetary rewards and penalties before health-care providers _____.

May impact both the quantity and quality of patients' health care

Res ipsa loquitur

Means "the thing speaks for itself." Used only when a plaintiff cannot prove negligence with the direct evidence available to him or her.

confidentiality of HIV information _____.

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

Placebos

Medically inert substances that are used as a control in testing the effectiveness of another medicated substance.

Which program specifically directs the DHHS to enter into agreements with private companies to carry out fraud and abuse protections?

Medicare Integrity Program

proper disclosure of home health care records is regulated by _____.

Medicare conditions of participation

In the healthcare context, the distributive justice criterion, the potential for benefit after an initial investment of limited resources is referred to as _____.

Merit

personal record relative to mental health care _____.

Might not be subject to discovery in a legal proceeding

Malpractice

Misconduct involving a professional who fails to follow a standard of care prevalent for his or her profession that results in harm to another person.

living wage law requires employers to pay _____.

More than the Federal minimum wage

government agency that establishes and oversees collective bargaining procedures is the _____.

NLRB

Hippocratic oath expresses both _____.

Nonmaleficence and beneficence

Psychotherapy notes

Notes recorded by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or group, joint, or family counseling session.

health information manager must issue and post the healthcare provider's duties concerning PHI, which is called the _____

Notice of Privacy Practice

Which legislation requires an employer to operate a place of employment free from recognized hazards that are likely to cause serious injury or fatality?

OSHA

Privacy refers to the right to be left alone. Confidentiality is the _____.

Obligation of a healthcare provider to prevent dissemination of patient information

Trustworthiness requirements

One of the requirements of the business record exception to the hearsay rule. It must be established through testimony of the health information manager. To assist in establishing trustworthiness, the manager must possess knowledge of internal policies and procedures governing access to the medical record and quality control techniques, such as approved methods to make corrections to and use abbreviations in the record.

Regular employee

One who has a continuing relation- ship with an employer; sometimes referred to as a common law employee.

Statutory employee

One who has been designated by specific laws as subject to the tax-withholding requirements imposed upon employers but who might not otherwise be considered an employee.

Business associate

One who performs or assists in performing a function or activity involving the use or dis- closure of individually identifiable health information on behalf of a health-care provider.

Which statement is associated with a criminal trial?

Only the defendant may appeal a guilty verdict in a criminal case

Records held by a state agency correspond with principles of FOIA and fall into the _____ category of confidentiality protection?

Open record

Living wage law

Ordinances passed by local governments that require employers to pay employees more than the federal minimum wage.

Hearsay

Out of court statements that are offered to prove the truth of the matter asserted.

Which is an ethical healthcare model wherein the healthcare professional acted in the role a "father to his children?"

Paternalism

If the patient does not sign an authorization to release information to the _____, the disclosure of mental health records is prohibited.

Patient's employer

Federal confidentiality requirements are provided to a patient when _____.

Patients are admitted to a substance abuse treatment program

Patient notice

Patients must be given notice of federal confidentiality requirements upon admission to a sub- stance abuse treatment program or soon thereafter.

Authorization

Permission given to the health-care provider by the patient allowing the provider to disclose patient-specific health information.

Which bars a provider from receiving Medicare reimbursement either permanently or for a prescribed period of time?

Permissive and mandatory exclusion

Admissible

Pertinent and proper evidence. Rules of evidence determine if evidence is pertinent and proper. For example, in the context of medical records, the applicable rule of evidence is the hearsay rule.

Which statutes a category of confidentiality protection at the state level?

Physician-patient privilege

Stark I and Stark II laws were passed because _____.

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

Person who initiates a lawsuit is the _____.

Plaintiff

An order of preservation results in:

Preservation of electronic data

Order of preservation results in:

Preservation of electronic data

Compliance programs seek to _____.

Prevent and detect conduct that does not conform to applicable laws

qui tam action is defined as _____.

Private plaintiffs who sue on behalf of the U.S. government and who receive a portion of the recovered funds

Implied or tacit consent applies to _____.

Procedures involving little or no risk to the patient

When evaluating informed consent, expert testimony regarding disclosure of information to the patient is based on the _____ standard.

Professional disclosure

HIPAA addresses genetic testing by _____.

Prohibiting it from being considered a preexisting condition for health insurance

Genetic Information Non-Discrimination Act (GINA) _____

Prohibits third-party payers from raising health insurance rates on a group or individual identified by genetic testing

Third parties have the right to access a person's information if _____.

Proper release of information is authorized

Federal regulations about the confidentiality of substance abuse records _____.

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

Americans with Disabilities Act requires employers to _____.

Provide qualified individuals with reasonable accommodations to performing essential job functions

Kickback violations occur when a(n) _____

Provider receives compensation for patient referrals to a specific facility

Stark violation occurs when _____.

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

Ethical guidelines have been established regarding patients with HIV and AIDS, which state that _____.

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

Once a president has signed an executive order, it goes into effect as law when it has been _____.

Published in the Federal Register

Which statement is associated with criminal law?

Punishment may be a fine or imprisonment

substance abuse treatment release of information is invalid if it fails to include the _____.

Purpose of disclosure

Adoption records are considered confidential and can only be released _____.

Pursuant to legal procedures of the state in which the records are maintained

Continuum of ownership

Questions of ownership of health information range from the traditional view of the health-care provider having sole ownership of the medical record, to a joint patient-health-care provider ownership of the medical record, toward a trend placing health information in a trust capacity.

Patient rights involve the _____.

Recognition that the patient is entitled to determine for herself the extent to which she will receive or forego treatment

Computerized patient record

Records created, authenticated, stored, and retrieved by computers

Adoption records

Records of the individual placed for adoption. Access to adoption records is controversial. The competing issues involved in access are the interests of the biological parent(s) in placing the child up for adoption, often with the promise of confidentiality, and the interests of the adoptee for genetic information and information about his or her natural identity.

Which of the following are subject to strict legal requirements?

Records, regardless of format

Civil money penalty law may be applied to a violation, such as _____.

Recovering money damages for false or fraudulent claims requiring the provider to make restitution

Center for Medicare and Medicaid Services PEPP program _____.

Reduces Medicare payment error rates

When employees have password access to medical records, _____.

Released information is limited to that which has been authorized by the patient

Substance abuse health information is _____.

Released via specific authorization

Anti-kickback statutes were enacted to prevent _____

Remuneration for patient referrals

Health record banks

Repositories of personal health records in electronic form operated by governmental or commercial entities who serve as trusted custodians of the data contained in the health record bank.

Under the Americans with Disabilities Act, an employer is prohibited from _____.

Requesting an employee to pay for any accommodations required to perform the job if hired by the organization

In the context of billing fraud, which is associated with unbundling?

Separately billing laboratory tests to increase reimbursement from payers

Ethical challenges

Situations in which no clear cut "right" answer exists, and an individual is required to make a choice between two or more equally unfavorable alternatives or between a neutral alternative and a tempting but unfavorable alternative.

Which is an example of acceptable authentication of a medical record entry?

Specialist who authenticates his own dictated report electronically using a password

When records are modified or destroyed, it is referred to as:

Spoliation

Medicare conditions of participation require that home health ____

Staff maintain certain professional qualifications

In a negligence claim, the standard of care that considers the prevailing is the _____.

Standard that is higher

Ethical guidelines

Standards of conduct issued by professional organizations to guide their members' future course of action. These standards are sometimes used to establish the standard of care in a negligence action.

valid release of substance abuse treatment information includes a(n) _____.

Statement as to who is to receive the information

HIPAA regulations establish a "floor" of patient rights, which means _____.

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

Good Samaritan statutes

Statutes that protect physicians and other rescuers from civil liability as a result of their actions or omissions in rendering emergency care, unless their actions or omissions were grossly negligent or intentionally injuring to the patient.

Open record statutes

Statutory provisions that address confidentiality requirements using a presumption of disclosure of information upon request, absent statutory exemption.

release of mental health information is _____.

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

Upcoding

Submitting a bill for a higher level of reimbursement than actually rendered in order to receive a higher reimbursement.

Unbundling

Submitting separate bills for each component of a procedure instead of using the proper procedural code for the entire procedure, resulting in a higher reimbursement rate to the health-care provider.

Which is an example of medical information associated with the health record?

Test results and operative reports

Deposition is a:

Testimony provided under oath outside of the courtroom

Voluntary testing

Testing with patient consent. Voluntary testing for HIV encompasses three areas: consent for testing, delivery of pretest information, and disclosure of test results.

constitutional basis for the right to privacy exists because _____.

The Supreme Court has applied privacy in the context of health information

Breach

The acquisition, access, use, or disclosure of protected health information in a manner that compromises the security or privacy of protected health information.

Disparagement

The belittling or criticizing of the skills, knowledge, or qualifications of another professional.

Reasonable diligence

The business care and prudence expected from a person seeking to satisfy a legal requirement under similar circumstances.

Health record content

The characteristics essential to constitute an adequate health record.

Conflict of interest

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

Rights

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

Comparative justice

The concept referring to balancing the competing interests of individuals and groups against one another, with no independent standard used to make this comparison.

Values

The concepts that give meaning to an individual's life and serve as the framework for decision making.

Willful neglect

The conscious, intentional failure or reckless indifference to the obligation to comply with the administrative simplification provisions.

Improper disclosure

The disclosure of test results or other health information to a third party without the consent of the individual treated.

Invasion of privacy

The dissemination of information about another person's private, personal matters.

Comparative negligence

The doctrine adopted by most states that requires a comparison of the negligence of the defendant with the negligence of the plaintiff; the greater the negligence of the defendant, the lesser the level of care required of the plaintiff to permit him or her to recover. In other words, the plaintiff's negligence does not defeat his or her cause of action, but it does reduce the damages he or she is entitled to recover.

Compliance

The efforts to establish a culture that pro- motes prevention, detection, and resolution of instances of conduct that do not conform to applicable local, state, and federal laws and regulations.

Nonmaleficence

The ethical concept meaning the prohibition against doing harm; refers to the obligation to prevent evil or harm.

Beneficence

The ethical concept meaning the qualities of kindness, mercy, and charity; refers to the obligation to do good in all circumstances.

Distributive justice

The ethical concept of fair distribution of burdens and benefits using an independent standard.

Fidelity

The ethical concept of faithfulness, loyalty, and devotion to one's obligations or duties.

Autonomy

The ethical concept of independence, self- determination, or freedom; derives from two Greek words: autos, meaning self, and nomos, meaning governance.

Justice

The ethical concept referring to the obligation to be fair to all people; encompasses the ideas of fairness, honesty, and impartiality

Deontology

The ethical theory that asserts that ethical decision making is based on moral rules and unchanging principles that are derived from reason and can be applied universally; sometimes referred to as formalism or duty orientation.

Medical malpractice

The failure of a medical professional to follow a standard of care prevalent for his or her profession that results in harm to the patient. Legal theories supporting a medical malpractice lawsuit include negligence, res ipsa loquitur, failure to warn, vicarious liability, and corporate negligence.

Breach of duty of care

The failure to conform to a particular standard of care toward another. Such failure to conform will result in liability for harm sustained by another person.

Negligence

The failure to do something that a reason- able person would do in the same circumstances, or the doing of something a reasonable person would not do. Negligence is a wrong generally characterized by carelessness, inattentiveness, and neglectfulness rather than by positive intent to cause injury.

Breach of contract

The failure to perform according to the terms of the parties' agreement.

Ethics

The formal study of moral choices that conform to standards of conduct; derived from the Greek word ethos

Record retention policies

The general principles deter- mining the length of time medical records must be maintained by the health-care provider. The length of time is influenced by the needs of continuing patient care, education, research, and the law, to name a few.

Record destruction policies

The general principles determining the length of time medical records must be maintained before being destroyed. The length of time is determined by state statutes and state and federal regulations.

False arrest

The intentional detention or restraint of someone against his or her will with the intent to make an arrest or actually make the arrest.

False imprisonment

The intentional detention or restraint of someone against his or her will without legal justification. Such detention or restraint must be intentional, meaning that the person imposing confinement does so willfully.

Medical identity theft

The knowing transfer or use, without lawful authority, of health information and the identity of another person with the intent to commit, aid, or abet any unlawful activity that constitutes a violation of federal, state, or local law.

Identity theft

The knowing transfer or use, without lawful authority, of the identity of another person with the intent to commit, aid, or abet any unlawful activity that constitutes a violation of federal, state, or local law.

Emancipation

The legal ability of a minor to act as an adult when he or she has moved away from home and receives no support from his or her parents.

Legal health record

The legal business record generated at or for a health-care organization that is produced upon request.

Substituted consent

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

Physician-patient privilege

The legal doctrine that prevents forced disclosure of, or testimony about, information obtained by the health-care provider during the course of treatment.

Informed consent

The legal doctrine that requires the health-care provider to disclose information to the patient about treatment options and risks so that the patient may knowledgeably consent to treatment.

Attorney-client privilege

The legal protection of communications between a client and his or her attorney, made in confidence for the purpose of obtaining legal advice.

Work-product privilege

The materials prepared in anticipation of litigation that may be shielded from discovery; sometimes referred to as the work-product doctrine.

Remedy

The means by which a right is enforced, an injury is redressed, and relief is obtained. Examples: damages; an injunction. (1) To redress; to make right; to correct; to rectify. (2) To compensate; to indemnify; to make whole.

Evidence

The means by which any matter of fact may be established or disproved. Such means may include testimony, documents, and physical objects. The law of evidence is made up of rules that determine what evidence is to be admitted or rejected in the trial of a civil action or a criminal prosecution and what weight is to be given to admitted evidence. Medical records may be used as evidence in civil or criminal court actions or in administrative agency proceedings.

Confidentiality

The obligation of the health-care provider to maintain patient information in a manner that will not permit dissemination beyond the health-care provider. The origin of confidentiality is found in the Hippocratic Oath.

Implied consent

The patient's consent to receive diagnostic or therapeutic treatment or procedures without expressing verbal or written action by the patient; often existing in situations in which a patient voluntarily submits to a procedure with apparent knowledge of that procedure and the procedure present slight or no apparent risk, such as taking the patient's pulse or temperature.

In the healthcare context, the distributive justice criterion of ability refers to the _____.

The patient's power to pay for healthcare procedures

Double-effect principle

The principle that recognizes that ethical choices may result in untoward outcomes.

Morals

The principles or fundamental standards of "right" conduct that an individual internalizes; derived from the Latin word mores.

Collective bargaining

The process by which a contract is negotiated between a union and employer setting forth the relationship between the two.

Certification process

The process by which the health information manager verifies that the copy of the health record provided in response to legal request is an exact duplicate of the original health record.

Employment

The process of providing work, engaging services or labor, and paying for the work performed.

Medical advice

The provision of a professional's opinion about what action an individual should or should not take with regard to their health.

Patient rights

The recognition that the patient is entitled to determine for him- or herself the extent to which he or she will receive or forego care and treatment.

Qualifications

The required education, degrees, certificates, and professional licenses along with the knowledge, skills, and ability to perform the essential functions of the job.

Privacy

The right to be left alone or the right to control personal information. The patient's right to privacy is the underpinning to legal protections for patient-specific health information.

Hearsay rule

The rule that hearsay testimony is not admissible unless it falls within an exception to the hearsay rule.

Medical staff privileges

The scope and limit of a physician's practice in a medical institution as defined by the institution's governing board.

Best-interest standard

The standard used to determine the best interest of an individual when the individual cannot make such a decision alone.

Administrative simplification

The streamlining and standardization of seemingly inefficient and non- uniform practices in the health-care industry; a goal of the Health Insurance Portability and Accountability Act (HIPAA).

Deeming authority

The substitution of complying with the requirements and standards of an accrediting organization in lieu of complying with the Medicare Conditions of Participation issued by the Centers for Medicare and Medicaid Services.

Damages

The sum of money that may be recovered in the courts as financial reparation for an injury or wrong suffered as a result of breach of contract or tort. Divided into three types: nominal, actual, punitive.

Which statement is true of a supreme court, except in New York State.

The supreme court is a court of last resort

Ethical theories

The systematic statements or plans of principles used to deal with ethical dilemmas.

Relators

The technical term used to describe the pri- vate plaintiffs who bring qui tam actions

Utilitarianism

The theory that proposes that everyone, including persons, organizations, and society in general, should make choices that promote the greatest balance of good over harm for everyone; sometimes referred to as consequentialism.

Breach of confidentiality

The unauthorized, unprivileged disclosure to a third party of nonpublic medical information that a physician or hospital has learned within a physician—patient or hospital—patient relationship.

Battery

The unconsented-to touching or striking of one person by another or by an object put in motion by him or her, with the intention of doing harm or giv ing offense. Battery is both a crime and a tort.

Medical abandonment

The unilateral severing, by the physician, of the physician—patient relationship without providing the patient with reasonable notice at a time when there is a necessity for continuing care.

Sexual harassment

The unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature made in return for job benefits, pro- motions, or continued employment.

Mail and wire fraud

The use of the U.S. Postal Service or commercial wire services for the advancement of a scheme relating to fraud.

Express consent

The verbal or written consent of a patient to receive diagnostic or therapeutic treatment or procedures.

Release of information

The written consent form that permits the dissemination of confidential health information to third parties. The components of a valid release of information are determined by state law and federal and state regulation.

Ethical challenges involve situations in which _____.

There are no clear cut right answers

Which is an example of financial information associated with the health record?

Third-party payer information

Which is categorized as a business associate, as defined by HIPAA regulations?

Third-party payers

Minimum necessary standard

This standard requires the health-care provider to make reasonable efforts to limit the patient-specific health information to the mini- mum necessary to accomplish the intended purpose of the use, disclosure, or request.

Impaired colleagues

Those colleagues who can no lon- ger function appropriately in the workplace due to sub- stance abuse, such as use of alcohol or drugs

Punitive damages

Those damages awarded above and beyond actual damages, often in instances where there is proof of outrageous, malicious, or intentional conduct; sometimes referred to as exemplary damages.

Exemplary damages

Those damages awarded above and beyond actual damages, often in instances where there is proof of outrageous, malicious, or intentional conduct; sometimes referred to as punitive damages.

Nominal damages

Those damages awarded for the vindication of a right in which minimal injury can be proved or in recognition of a technical invasion of a person's rights.

Compensatory damages

Those damages awarded to make the plaintiff whole and restore him or her to the position in existence before the injury; sometimes referred to as actual damages.

Actual damages

Those damages awarded to make the plaintiff whole and restore him or her to the position in existence before the injury; sometimes referred to as compensatory damages.

Enterprise content and record management

Those electronic records management principles (all of the dig- ital and analog records) and enterprise content management principles (the technology, tools, and methods) to capture, store, deliver, and preserve content across an enterprise.

Employer

Those persons, businesses, or organizations that provide the work, engage the services or labor, and pay for the work performed.

Nonintentional torts

Torts committed by persons who lack the intent to do something wrong.

Intentional torts

Torts committed by persons with the intent to do something wrong.

Physician-patient relationship

Traditionally, the cornerstone of U.S. health care. Begins when the patient requests treatment and the physician agrees to render the treatment. Exists as an express or implied contract.

disclosure of mental health records to _____ may be made without express patient authorization.

Treating healthcare personnel within the facility

Under stare decisis,

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

Assigning diagnostic and procedural codes to obtain better reimbursement alone is _____.

Unethical

Family Medical Leave Act (FMLA) provides for ____

Unpaid time off to adopt a child

Which includes concepts that give meaning to an individual's life and serve as the framework for decision making?

Values

concept of habitual truthfulness and honesty is called _____.

Veracity

ethics-based compliance program conforms to applicable laws through _____ because it is the right thing to do or because a cost-benefit analysis reveals it would be a sound business practice.

Voluntary compliance with local, state and federal laws and regulations

In the healthcare context, the distributive justice criterion of contribution refers to the _____.

What a person might be expected to contribute to society at a later date

Advance Directives

Written instructions recognized under state law, such as living wills or durable powers of attorney for health care, that relate to the kind of health care the patient wishes to have or not have if he or she becomes incapacitated.

Codes of ethics

Written lists of a profession's values and standards of conduct; sometimes referred to as codes of conduct.

Codes of conduct

Written lists of a profession's values and standards of conduct; sometimes referred to as codes of ethics.

State laws may provide additional requirements regarding mental health care documentation in excess of federal regulations, such as _____.

Written program plans with goals of treatment

statute of limitations is _____.

a fixed time period in which a lawsuit must be brought

Government's separation of powers include:

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

Which is a direct identifier that must be removed from research subjects' records in order to comply with the use of a limited data set?

account number

An electronic case filing system (ECFS) is an automated system that:

allows the general public to search pleadings and testimony

U.S. Constitution can be modified with:

amendments

Chief executive branch of government issues executive orders that interprets:

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

Intentional tort may include a(n) _____.

assault

nurse writes a verbal order from a physician on the physician order sheet in the health record; the nurse is the _____ of the entry.

author

Personal jurisdiction refers to:

authority over parties involved

What is a court order?

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

Prior to the development of the informed consent doctrine, which theory would have been used to hold a physician accountable for his actions?

battery

Legislative proposals are called:

bills

Unauthorized acquisition, access, use or disclosure of protected health information, which compromises the privacy or security of such information is called _____.

breach of confidentiality

Which allows a healthcare record to be admitted into evidence?

business record exception

Under the theory of failure to warn, the psychotherapist _____.

can warn an intended victim if the patient expresses the intent to do harm

When a health care facility files for bankruptcy and closes, a _____ is appointed to make decisions for the bankrupt health care provider.

case trustee

Which provides verification that the copy of the patient record is an exact duplicate of the original?

certification process

Reporting of public health threats include _____.

child abuse

Diversity jurisdiction is specific to:

citizens of different states as well as the federal courts

That part of the health record used for continuity of care is the _____ information

clinical

Which is a written list of a profession's values and standards of conduct?

code of ethics

written list of a profession's values and standards of conduct would best be described as the _____.

code of ethics

Subpoena ad testificandum _____.

commands the appearance of a witness to provide testimony

right to bring a lawsuit for damages related to breach of confidentiality is protected under _____.

common law

Written document that describes the grounds of jurisdiction, plaintiff's claim, and demand for relief is called the _____.

complaint

authorization for use or disclosure of patient-specific health information that has been combined with any other document is called a(n) _____ authorization.

compound

According to the Constitution, which branch has been granted the power to establish lower federal courts.

congress

Which theory applies to a patient who refuses antibiotics for an upper respiratory infection and who later acquires pneumonia?

contributory negligence

Breach of duty owed directly to a patient by a hospital is best described as _____ negligence.

corporate

Jurisdiction for medical malpractice cases:

could be either state or federal

Burden of proof is "beyond a reasonable doubt" during a _____ trial.

criminal

Defendant who has been found guilty in a _____ case may appeal the verdict.

criminal

Plaintiff is always the state or federal government in _____ law.

criminal

Punishment associated with _____ law may include fines and/or imprisonment.

criminal

When a party submits evidence of compliance with accrediting standards in lieu of evidence of compliance with Medicare, it is referred to as which of the following?

deeming authority

Person being sued is called the _____.

defendant

Notice of breach of confidentiality must include a(n) _____

description of types of unsecured protected health information involved

Medical abandonment may be applied to a patient who was _____.

discharged with continued chest pain and who later died of a heart attack upon returning to her home

Which is sometimes considered as an issue related to the financial controls imposed by prospective payment systems and health maintenance organizations?

distributive justice

Which is a concept that describes the requirement to anticipate the need for data in a court action?

duty to preserve

FRCP governs all forms of discovery performed in federal court, including seeking information that is stored electronically in any medium, which is called _____.

e-discovery

Under distributive justice, the willingness to comply with instruction or medical advice is best described as _____.

effort

Which defines the process of providing work, engaging services or labor, and paying for the work performed?

employment

Tort law:

encompasses the rights and duties that exist between parties that are independent of a contract

Healthcare records are considered hearsay evidence because _____.

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

concept of rights _____.

erives from the concept of justice in that both involve obligations

Expert testimony is used in a malpractice case to _____.

establish a breach in the standard of care

Which legal use of health care information directly impacts patient care?

establishing standards of care

Which is established within an organization or profession to evaluate current guidelines and establish new guidelines?

ethics committee

Consideration is an element of contract law that refers to _____.

exchange from one party in return for performing contractual obligations

Authority for release of information can be granted by a(n) _____.

executor of an estate

Administrative Procedure Act (APA) governs the way in which administrative agencies of the _____ government may propose and establish regulations.

federal

Which may issue a subpoena?

federal court clerks

Executive orders have the effect of law after being published (in the case of the federal system) in the:

federal register

Felony is defined as a crime ____

grave or serious natue

Patient rights _____.

have been formalized into statutory provisions by some states

In the context of billing fraud, upcoding is submitting a bill for a higher level of reimbursement than actually rendered in order to receive _____.

higher reimbursement rates

Which relationship begins with the credentialing process?

hospital-physician

Legislative branch of government:

includes the Senate and the House of Representatives

Constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. Thus, it:

is considered the fundamental law of a nation or state

Unemployment insurance _____

is funded through a tax on employers

Public law:

is subdivided into administrative, constitutional and criminal law

Authority by which courts and judicial officers may hear and decide a case is called _____.

jurisdiction

Standards for human behavior are established through _____

laws

Standards for human behavior are established through _____.

laws

Which are employed by a service firm and assigned to work at a business or an organization?

leased

Stages through which a lawsuit passes is called the _____ process

legal

Quasi-legal requirements may involve which of the following:

licensure

Insurance companies may cause an ethical dilemma by requiring _____.

limitations of inpatient hospitalization stays

What is the action of a party who possesses data to make efforts to prevent routine destruction of electronically stored information?

litigation hold

What term refers to the actions of a party who processes data to make efforts to prevent routine destructions and preserve electronically stored data?

litigation hold

Zoning, building, or public safety ordinances are examples of laws passed at:

local level

In deciding a dispute, the court or judicial branch:

may apply the doctrines of stare decisis and res judicata

State laws regarding substance abuse records _____.

may be equal to, less restrictive than, or more restrictive than federal law

Health record become admissible to court after:

meeting foundation and trustworthiness requirements

Consensus ad idem is Latin for the element of a contract associated with _____.

meeting of the minds

specialized patient record contains diagnoses regarding:

mental illness

Which is the unseen information that is located in common text files, such as that which can indicate when the document was created?

metadata

notice regarding redisclosure of information of substance abuse treatment records _____.

must accompany any disclosure

Res ipsa loquitur is a type of _____ tort.

nonintentional

Which is a letter sent by an adversary in a court case that explains the need to preserve electronic evidence?

notice of preservation

notice of preservation _____.

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

Privacy refers to the right to be left alone while confidentiality is the _____.

obligation of the healthcare provider to protect patient information

Laws passed at the local level are called _____.

ordinances

According to HIPAA, the _____ has the right to access patient information in the complete medical record.

patient

Health care information is owned by the _____.

patient

Which was created by statute and used to prevent the forced disclosure of, or testimony about, information obtained by the health care provider during the course of treatment?

physician-patient privilege

Conflicts of interest that appear to be inappropriate but do no harm are described as _____

potential

Under civil law, the burden of proof is described as a _____.

preponderance of the evidence, which is defined as "more likely than not"

Hospital-patient relationship is established when a patient _____.

presents either voluntarily for care or in an emergency situation

Which consists of the body of rules and principles that govern the rights and duties between parties?

private/civil

Which is the inspection and/or copying of documents or other physical evidence upon written request?

production of documents and things

Malpractice refers to _____.

professional misconduct

Which of the following is associated with the Bill of Rights?

protects the rights to freedom of speech and religion

Under res ipsa loquitur the _____.

provider had exclusive control over the instrument involved in the injury

Which describes the necessity for a hospital to follow its own medical staff by-laws of policy?

quasi-legal requirement

double-effect principle refers to _____.

recognizing that ethical choices may result in adverse outcomes

When information concerning HIV/AIDS, mental health, and substance abuse is released to a third party, a _____ prohibits sharing the information with yet another third party unless the patient signs an authorization to release the information.

redisclosure statement

physician-patient relationship is established when the patient _____.

requests health care and the physician agrees to render health care

release of information _____.

requires the express consent of the patient

Good Samaritan statutes protect _____.

rescuers from claims related to the administration of unauthorized treatment

Medical staff privileges include ____.

scope of physician's practice

Which occurs when the court directs a person or organization to appear to explain why the court should not take a proposed action?

show cause order

Under which jurisdiction is the following categorized: most issues involving the regulation of trades and professions.

state courts

Addition to supplying the record, the person who possesses the record could be compelled to deliver it at a certain time and place if the request is accompanied by a:

subpoena duces tecum

What is command ordered by the court, which requires the appearance of a witness to provide testimony?

subpoena testificandum

Which subcategory of criminal law defines specific offenses?

substantive

Criminal law is subdivided into _____ categories.

substantive and procedural

In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court determined that _____.

the insured had the right to proceed against the insurance company for breach of contract to determine whether it had correctly determined that patient care was not medically necessary

Nonmaleficence is defined as _____.

the prohibition against doing harm and an obligation to maximize the good

When parties to a dispute come together to present evidence in court, the formal setting with authority to adjudicate claims or disputes is called a bench or jury _____.

trial

Good Samaritan laws provide legal protection for _____ treatment

unauthorized

Which is an exclusion to physician-patient privilege rules?

when privilege conceals child abuse

What is a request of admission?

written questions presented to a party to obtain certain facts

Answer to a complaint that is made by the defendant is called the _____.

written response

Spoliation is _____.

wrongful destruction or alteration of evidence

Spoliation of evidence occurs as a result of:

wrongful destruction or alteration of evidence and/or failure to preserve data


Related study sets

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