HIM CH8, HIM:CH10, HIM CH.11, Healthcare Ethics Exam3
The American Health Information Management Association recommends a _____ retention period for adult records after the date of the patient's last encounter.
10 years
The Medicare Conditions of Participation require hospitals to maintain health records for the period of the state's applicable statute of limitation or if no statute, a period of ____ after patient discharge.
5 years
Which one of the situations below is an example of an acceptable authentication of a medical record entry?
A consultant signing off his dictated report electronically by using a password.
Federal regulations indicate which of the following with regard to patient identification in a substance abuse program?
A substance abuse treatment facility has an unconditional obligation to not identify patients who have been treated.
Which one of the following is NOT a risk prevention technique used to protect EHRs?
DNS sequencing
Into whose purview does the primary responsibility for investigating claims of fraud committed against the military's health insurance programs fall?
Defense Criminal Investigative Service
Which law combats fraud and abuse in the Medicare program? It 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 of 2005
Which one of the following statments is not a role of an Institutional Review Board?
Determining the amount of payment each research subject will receive during the course of the research study.
What is a DRG?
Diagnosis Related Group
Which one of the following statements lists the proper method of correcting an error in a paper medical record?
Draw a single line through the error, write the word 'error', initials of the person making the entry, date and time.
What does E-SIGN refer to?
Electronic Signatures in Global and National Commerce Act of 2001
Which government agency's authority extends beyond the jurisdiction of other government programs?
FBI
Which government agency's authority extends beyond the jurisdiction of other government programs?
FBi
A health record that is part paper-based and part electronic meets the definition of an electronic record.
False
Anyone may authenticate entries in a paper medical record as long as the proper rubber stamp is used.
False
Once a covered entity grants a patient request to amend his health record, the information in dispute is deleted from the record.
False
Patients have a right to correct their healthcare record, however the covered entity can deny the request without reason.
False
Patients in a mental health facility do not need to authorize the disclosure that they are a patient in the facility.
False
Under distributive justice, need refers to any appropriate medical procedure performed on an elective basis.
False
When an error is located in an electronic health record, the incorrect information may be deleted.
False
When it comes to retention of health records, one of the advantages of the EHR is that it costs less to maintain which allows the hospital to retain records for a longer period of time.
False
Which of the following usually involves a qui tam action?
False Claims Act
Which item below is not included on a valid authorization to release information regarding substance abuse treatment?
The federal license number ID of the treatment program.
What is true during the investigation of allegations of suspected fraud and abuse?
The health information manager must comply if presented with a search warrant.
All of the following statements are true concerning a redisclosure notice except:
The information may be kept after the stated purpose is fulfilled.
An ethical challenge is a situation in which 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.
True
Codes of ethics are written lists of a profession's values and standards of conduct.
True
Data banks, known as health record banks, are repositories of personal health records.
True
Dr. Robert Klagger plans to retire and close his office. He should offer his patients the opportunity to get a copy or take their original health records.
True
If old patient records must be maintained for a closed drug and/or alcohol program, they should be placed in a sealed envelop, labeled, and held confidential until the end of the retention period. They may then be destroyed.
True
If the ownership of a provider changes, patient health records and data may be transferred to another covered entity without the patient's authorization.
True
Once a covered entity grants a patient's request to amend his electronic record, the covered entity must insert or provide a link to the amendment and let the requestor know it has accepted the amendment.
True
Regulations concerning medical record maintenance, content and documentation are promulgated by executive agencies?
True
The ethical decision-making process has many facets. Each option must be examined thoroughly, looking at outcomes and their impact upon each person or group involved.
True
The time limit for retention of health records of minor patients is different than the requirements for adult patients.
True
Third parties have a right to access a patient's health information if the patient has completed a valid authorization for release of the information to them.
True
Which set of actions is not included in HIV/AIDS post-test counseling process?
provision of condoms and/or clean needles if the patient requests them
A fee charged by the healthcare provider for the reproduction of the health record is known as a/an:
reasonable fee
In the context of billing fraud, what is upcoding?
receiving a higher level of reimbursement than actually rendered
Which institutional document below details the data that will be retained, the retention period and manner in which data will be stored?
record retention schedule
Justice refers to the obligation to be fair to all people. What does comparative justice refer to?
balancing the competing interests of individuals and groups against one another
What does the National Labor Relations Act guarantee?
bans employment discrimination to discourage unionization
Which statement below is the most correct concerning the method of disclosure of patient information?
by any method consistent with professional guidelines and institutional practices
Which of the following allows an employer to terminate an employee?
The employee has been found guilty of a DUI.
Under distributive justice, the willingness to comply with instruction or medical advice is best described as which of the following?
effort
What is the definition of the process of providing work, engaging services or labor, and paying for the work performed?
employment
Managers play several direct ethical roles in an organization:
encourage ethical behavior Correct Response all answers are correct. monitor employee conduct serve as a role model
The Institute of Medicine has identified core functionalities that constitute an electronic health record. Which of the following is NOT one of those functionalities?
enforcement of collections
Which of the following is true regarding safeguards established by HIPAA security rules?
ensure data integrity by protecting it from unauthorized deletion
Which is true regarding authentication of an electronic health record?
ensures people are who they say they are
What is the formal study of moral choices that conform to standards of conduct?
ethics
The employer is obligated to verify the individual's identity and employment authorization of which of:
every employee hired.
Genetic information may exist as a separate and distinct patient record.
false
The vice-president of finance in healthcare facilities often establishes institutional policies concerning bioethical issues, including removal of life support systems, the treatment of seriously ill newborns, and procedures governing organ procurement.
false
False misrepresentation of fact that is relied on by another to that person's detriment and is a departure from reasonable use is the operative definition of:
fraud and abuse
Which one of the following statements describes unemployment insurance?
funded through a tax on employers to state and federal governmental entities
Which is true regarding a code of ethics?
guides the professional to place the interests of the patient/client above his/her own interests.
All of the items below are reportable public health threats to the Public Health Department except:
gun shot wounds
To be able to establish foundation, the health information manager will need to do which of the following?
have knowledge that the record was made and kept in the ordinary course of business
The use of another person's health information with the intent to commit or aid any unlawful activity is the definition of:
medical identity theft
What does the potential for benefit after an initial investment of limited resources refer to?
merit
There are six criteria required to assign distributive justice. Choose the most accurate list.
need, equity, contribution, effort, ability to pay, merit
In the business associate agreement, the contract between the provider and business associate should specify that the business associate must agree to:
not use or disclose protected health information in ways the provider would not permit.
Which best describes barring a provider from receiving Medicare reimbursement either permanently or for a prescribed period of time?
permissive and mandatory exclusion
A collection of a patient's important health information that is drawn from multiple sources and managed, shared and controlled by the patient is the definition of:
personal health record
Which of the following are types of security issues that affect EHRs:
personnel
Beyond the responsibility for maintaining protected health information, health information managers will not be responsible for which of the following?
pharmacy calculations
On what are ethics based?
philosophy
Which are safeguards covered under the HIPAA Security Rule?
physical and technical
Under the Americans with Disabilities Act, an employer is required to do which of the following?
pose potential solutions for offering reasonable accommodations provide the reasonable accommodation the disabled person prefers Correct Answer:none of the above address questions of reasonable accommodations prior to considering a person for a position who may be disabled
What do compliance programs seek to do?
prevent and detect conduct that does not conform to applicable laws
Which of the following do not enforce regulations concerning medical records?
professional associations
To overcome the hearsay rule to allow an EHR to be admitted into evidence, the health information manager must be able to testify to which of the following?
trustworthiness requirement
Which of the following would NOT be an appropriate use of the Internet in regards to PHI?
unencrypted email between physician and patient to report test results
The Family Medical Leave Act (FMLA) provides for which of the following?
unpaid time off to adopt a child
Habitual truthfulness and honesty is the definition of:
veracity
Which may be examples of reasonable accommodations that could be made for an employee with a disability?
voice recognition software restructuring a job Correct Response all of these telecommuting
In the context of just distribution of health care, to what does contribution refer?
what a person might be expected to contribute to society at a later date
When do kickback violations occur
when a provider receives compensation for patient referrals to a specific facility
What is a Stark violation?
when a provider refers patients to a facility in which he holds a financial interest
When does the double effect principle apply?
when ethical choices result in untoward outcomes
Once a president has made an executive order, when does it gain the effect of law?
when it has been published in the Federal Register
When is autonomy not viewed as a freedom?
when it interferes with another's rights
When might a conflict of interest exist?
when there is a perception of favoring a particular decision based on one's position
In a negligence claim, which standard of care is considered the prevailing standard?
whichever standard is higher
What does AHIMA stand for?
American Health Information Management Association
What does ARRA stand for?
American Recovery and Reinvestment Act
Which of the following statements describes the Office of the Inspector General (OIG)?
Authorized to conduct civil and criminal investigations of fraud associated with Medicare.
How do HIPAA Security and Privacy Rules differ?
Both protect information from different angles.
Which of the following are examples of programs put in place by the OIG to educate entities on proper claims submission?
CCI - Correct Coding Initiative
Which law enforcement agency is not involved in the investigation and prosecution of health care fraud?
CIA
A 55 year-old male who has been laid off from work at a automotive manufacturing plant has applied for a position with a local company. What considerations 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?
All of the situations below are subject to the federal regulations regarding drug and alcohol treatment programs except:
Community organizations which provide literature, lists of suggested treatment facilities and hotline referrals for substance abuse.
What is a financial settlement or arrangement that specifies rules of conduct to be followed to remedy any fraud and abuse found plus any monitoring and reporting requirements?
Corporate Integrity Agreement
What legislation requires employers to verify the identity of an employee to be hired?
Immigration Reform and Control Act
Which organization employs "gatekeeping" to contain health care costs?
HMO
Administrative safeguards under HIPAA do which of the following?
Help covered entities create policies and procedures to develop security measures that protect PHI.
Which of the following is true about incorporating ethics into an employee's performance evaluation?
It encourages the employee to treat others with respect.
Which statement below is true regarding a printout of the patient record that has been maintained in an electronic medium?
It has been allowed to be entered into evidence with testimony of the custodian of records.
What attribute is specific to the official record used in mental health care?
It includes documentation of the patient's medical and mental care and treatment.
What does damage prevention in an electronic health record system refer to?
It involves keeping data or equipment from being brought down by malicious attempts.
Granting permissions in an electronic health record system involves which of the following?
It is a level of access given to an employee to access an operating system or application.
Which of the following statements is false in regards to Workers' Compensation benefits?
It is administered by the federal government.
Which of the following describes assigning diagnostic and procedural codes to obtain better reimbursement?
It is unethical.
Which statement below is true of GINA (Genetic Information Non-Discrimination Act)?
It prohibits an insurance company from raising rates on a group or individual identified by genetic testing.
Which one of the following statements below is false concerning genetic information?
It provides a look into the patient's past health picture.
Which item below is not a characteristic of the personal record relative to mental health care?
It provides a substitution for progress notes in the official record.
Which of the following statements is true concerning the release of a patient's health information?
It requires an authorization by the patient.
Which of the following statements is true regarding the legal electronic health record?
It should be defined by each institution with input from the healthcare provider's legal counsel.
The minimum necessary standard refers to the health care provider's effort to do what?
Limit patient-specific health information released to only what is needed to accomplish the intended purpose.
When using email to transmit PHI, which of the following should the health care entity or provider not do?
Make his password available to other staff for more expeditious reporting of results to patients.
Which program directs the DHHS to enter into agreements with private companies to carry out fraud and abuse protections?
Medicare Integrity Program
Which government agency establishes and oversees collective bargaining procedures?
NLRB
Which document below notifies the patient of the uses of his health information and also allows him to consent, reject or request restrictions to the use of the information by the provider?
Notice of Privacy Practices
What does the American with Disabilities Act require?
The employer to provide qualified individuals with reasonable accommodations to performing essential job functions.
In the list below, who is allowed to sign an authorization for a release of information?
The executor of an estate.
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
How would you define a qui tam action?
Private plaintiffs sue on behalf of the U.S. government and receive a portion of the recovered funds.
Which statement below is true under the Deficit Reduction Act of 2005?
Provides additional strength to combat fraud and abuse in the Medicaid program.
All of the following are used to destroy electronic records, except:
Pulverizing
Adoption records are considered confidential. When can they be released?
Pursuant to legal procedures of the state in which the records are maintained.
How might the health information manager protect patient information from identity theft?
Redaction of portions of credit card and social security numbers.
Which of the following statements is true concerning state laws regarding substance abuse records?
State laws may be equal to, less restrictive, or more restrictive than federal law.
HIPAA regulations establish a floor of patient rights. Therefore, which of the following statements below is true?
States may enact legislation that provides for additional patient access to records.
Which of the following is true about disclosure of heath information regarding substance abuse?
The disclosure may only be permitted with specific patient authorization.
In the state of Illinois, all of the elements below are required for a valid release of information of mental health records except:
The name of the primary therapist treating the patient.
Which statement below is true regarding the redisclosure notice on information disclosed from a substance abuse program?
The notice must accompany any disclosure sent from the HIM department.
Which one of the items below does not complicate authorship of an electronic health care entry?
The patient's ability to amend the medical record.
To establish an EHR as admissible under the Business Record Exemption to the Hearsay rule, what must the requesting party show?
The record was kept in the ordinary course of business.
Which statement below is a valid reason for restricting the patient's access to their health record?
The record would reveal information that might have a detrimental effect on the patient's mental health.
Which is true when an employee has password access to medical records?
The released information should be limited to that which has been authorized by signed consent or demanded under subpoena.
What is true about addressable security standards and specifications found in HIPAA's Security Rule?
They do not bind the entity to implementation but require documentation of alternatives.
Which statement below is true concerning institutional standards of care?
They do not carry the force of law.
Which statement below is true regarding required security standards and specifications under HIPAA's Security Rule?
They must be implemented.
What employees are considered at-will employees through the Employment-at-will Doctrine?
Those who may leave an employer or be terminated at any time.
Which legislation bans discrimination in compensation, and terms and conditions of employment based on race, religion, color, sex, or national origin?
Title VII
According to the HIPAA Privacy Rule, if a covered entity denies a patient request for amendment of her health record, the covered entity must give written notice to the requestor.
True
According to the HIPAA Privacy Rule, the covered entity can grant a patient admendment request in whole or part.
True
All formats of the health information record are subject to strict legal requirements.
True
When do third parties have the right to access a person's health information?
When the patient signs an authorization releasing the information to them.
When must a discovery request for information be complied with?
When the request is accompanied by a court order.
When must federal confidentiality requirements be provided to a substance abuse patient?
When they are admitted to a substance abuse treatment program.
What is a right?
a just claim or entitlement that others are obliged to respect
Which one of the following is not a force that influences the retention of health information?
ability to hire experienced HIM professionals
What behavior could be considered to constitute a hostile work environment?
accidental exposure of a magazine cover of a scantily-clad male model witnessing one employee give another a neck massage blonde jokes
Which third parties are not required to obtain the patient's permission to access protected health information?
accrediting and licensing agencies
What are the two main differences between mental health records and general health records?
additional requirements for record content and more stringent privacy requirements
Sexual discrimination may occur in regards to which of the following?
all of these harassment unequal pay pregnancy-related conditions
Under Title VII, an employer may refuse employment to a person due to which reason?
an inability to speak English
When a person gives permission to the healthcare provider to release patient-specific health information, the document he signs is a/an:
authorization
The identification of the healthcare provider who made an entry into the medical record is the definition of:
authorship
When health records are destroyed in the ordinary course of business, permanent evidence of the destruction requires a/an:
certificate of destruction
The most common form of health care fraud and abuse is found in which of the following?
claims and billing practices
`Which is a written list of a profession's values and standards of conduct?
code of ethics
The best interest standard is executed through which of the following?
competency determination of a mentally retarded person protective services interventions in health care of minors Correct Response all of these court ordered injunction
A chief compliance officer's duties might include which of the following?
complaints evaluation and resolution education and training audits and monitoring of compliance
In regards to the right of patients to correct information in their healthcare record, if a state law exists in addition to the federal HIPAA Privacy Rule, the healthcare provider must:
comply with both the federal and state laws.
An agreement by a person of sound mind to make an intelligent choice to do something proposed by another is the definition of:
consent
All of the entities below are involved in determining when and how home health care records are properly disclosed except:
constitutional sources
What purpose does the PEPP serve?
designed to reduce Medicare payment error rate
Once you clearly define the issue and determine the facts of the situation and who the stakeholders are, the next step in the ethical decision-making process is to
determine what options are available and evaluate them.
The best interest standard describes which of the following?
determining what is in the best interest of another who cannot determine it for him/herself
The fair distribution of benefits and burdens using an idependent standard is the definition of:
distributive justice
What is a defining characteristic(s) of an electronic health record?
documentation created, authenticated, and retrieved by computers information that resides in a system specifically designed to provide accessibility to a patient's medical data is contained in a system that may also contain links to medical references and clinical decision support systems
A security officer's responsibility are accomplished by which of the following?
improving IT security with vendors and consultants performing risk assessments implementation of HIPAA security directives
A business or organization has the least control over the work product prepared by this type of employee.
independent contractor
Which is true regarding electronic authentication of medical record entries?
is recognized by the accrediting bodies
To what does beneficence refer?
kindness, mercy, charity
Under HIPAA, a patient has the right to which of the following?
know how his information is being disclosed
Many home health caregivers enter health information into portable devices as they care for patients. Additional security controls are necessary to safeguard PHI that is generated or stored in which of the following?
laptops and PDAs
This type of employee is employed by a service firm and assigned to work at a business or an organization.
leased employee
All of the following measures below can be taken to discourage or prevent sabotage of the EHR except:?
leaving computers turned on
What entities are involved in the process of ethical decision making?
legal system Correct Response all of these family patient
HIPAA provides for two exceptions in which approval for research does not require full Institutional Review Board review. What are those exceptions?
limited data set and de-identified data
What does gatekeeping refer to?
limiting access to specialty care in an effort to contain health care costs
All of the items below are advantages of switching to an electronic health records except:
limits access of the record to one user at a time
All of the following methods are used to destroy paper records, except:
magnetic degaussing
Which one of the activities below will not result in a charge of fraud and abuse?
referring patients to another health care facility or service in which the physician has no financial interest
Which statement below is not among the guidelines that form the basis for the compliance program and financial settlement agreements?
refusal to hire anyone who has a previous misdemeanor conviction
What does ARRA provide?
reinforcement of patient's right to access own information
Which one of the following factors contributes to ethical decision making?
religious beliefs
What were anti-kick back statutes enacted to prevent?
remuneration for referrals
Under the HIPAA Privacy Rule an Institutional Review Board:
reviews and determines whether PHI can be used as the researcher suggests in his protocol or whether a waiver of authorization is warranted.
What do prospective payment systems do?
reward health care providers monetarily for maintaining lower costs Correct Response all of these penalize providers who do not keep costs within pre-established limits establish limits on the amount a health-care provider may be reimbursed for rendering care
An obviously pregnant woman has applied for a job as a secretary with your company. Her qualifications are equivalent to a male applicant. What discrimination might you be accused of in hiring making a hiring decision?
sexual discrimination
HIPAA's security rules do NOT include which of the following?
specific training programs for staff concerning the vulnerability of PHI
A minor's signature is required for disclosure of information related to substance abuse treatment if:
state law permits the minor to consent to treatment.
The billing fraud known as unbundling is defined as:
submission of separate bills for each component of a procedure that should have been billed together
Legal questions associated with health information management are answered by federal law in the instance of which of the following?
substance abuse
What constitutes a legal heath record?
the business record that is generated at or for a health care organization which is produced upon request
In regards to health information, the law orginally focused on the medium used. Who was thought to own the patient information at that time?
the health care provider
In regards to protected health information, HIPAA Privacy Rule requires:
the health care provider to obtain general consent from the patient to carry out treatment, payment and health care operations.
According to HIPAA, who has the right of access to the patient's information?
the patient
Privacy refers to:
the right to be left alone