HLAD 419 - Law Final
The hospitals that received funds under the Act in Question #5 had to fulfill their free care obligation for __ years after the hospitals were built.
20
Training Records regarding blood-borne pathogens shall be maintained for ___ years from the date of training
3
Medical records must be kept for the duration of employment plus ___ years
30
The FLSA requires that employers keep payroll records, collective bargaining agreements, sales and purchase records for a minimum of:
36 month
If an individual transfers cash and other assets to others, within a __________ 'look back' period, s/he may incur a penalty and a period of ineligibility for Medicaid services.two years
5
Workers have the right to review the current log of injuries and illnesses, as well as the logs stored for the past ___ years.
5
The most significant operational effect of the US Constitution on governmental agencies results from the requirement that due process be provided before denial of life, liberty and property. These requirements are contained in the ___ and __ amendments to the Constitution.
5th and 14th
When you, as a covered employer, are required to report to OSHA an accident occurring in your facility that results in a fatality, within what time period should you report it?
8 hours
A charitable corporation buys a new piece of land with plans to start building a hospital in two years. On the next property tax assessment date, the land is still vacant, and construction has not begun. In most states, what is the most likely result of the charity's petition for exemption from real estate taxes
?
A hospital entered into an exclusive contract with a physician to serve as the full-time director of a cardiology lab and to perform cardiac catheterizations, exclusively. This full time physician replaced the previous part-time director, thereby limiting the number of catheterizations he was able to perform. This decision was challenged in court by the previous director. The court defered to the hospital's decision, as this exclusive arrangement was reasonably related to the hospital's purpose. In which case did this action occur?
?
A significant aspect of the Health Care Quality Improvement Act is that it
?
Granting and renewing licenses for physicians and other health care professionals fall under the _____ functions of regulation
?
In which of the following situations is it most likely that expert testimony about the standard of care would not be required?
?
In which precedent setting case did the Supreme court rule that a local government had no duty to pay for care for an injured person under police custody but had not been found guilty of the crime?
?
Individuals who serve on a hospital governing board are in a position of great trust and confidence. Which of the following terms is most applicable to their responsibilities?
?
Legal requirements for maintaining medical records are most often found in which of the following?
?
Most states now apply which standard to questions about what risks should be disclosed to the patient for informed consent?
?
The ACA established ________ to slow the growth of Medicare expenditures.
?
The state's power to commit mentally ill persons indefinitely against their will is an example of what legal concept.
?
Under Section 1921, which of the following must report negative actions against all health care practitioners and organizations?
?
Which of the following is not commonly a function of the organized medical staff
?
________ grants immunity from anti-trust sanctions whenever the defendants' anti-competitve conduct is the consequence of governmental regulation.
?
The most recent tax bill (12/17) passed by Congress & signed by the President is an example of which theory of government regulation?
? not beureucratic system
Highest in the hierarchy of laws
? not supreme court decisions
Two related concepts that once helped hospitals defend against malpractice cases but which have since eroded are "captain of the ship" and _______________.
"borrowed servant"
A hospital cannot transfer an unstabilized patient who is receiving treatment in the emergency room unless:
1 & 2 only
EMTALA requires Medicare participating hospitals to ___ when a patient seeks emergency care
1, 3, 4
When Congress enacted The Health Care Quality Improvement Act (HCQIA), it was addressing the following concern (s):
1,2,3
Members of which of the following occupations may take advantage of the HPRP?
1,2,4
List the four major functions of a governing board of an healthcare institution.
1. Develop policy and strategic plans 2. Appoint senior administration and medical staff members 3. Delineate clinical privileges 4. Oversee the professional performance of lay administrators and the medical staff
Although records-retention policies vary depending on the type of record, the American Hospital Association recommends retaining medical records for at least how long?
10
The hepatitis B vaccination must be available within ___ working days of an employee's initial assignment, after completion of appropriate training in a job where this occupational exposure.
10
Which amendment to the Constitution reserves to the states all powers that are neither given to the federal government nor prohibited by the Constitution. These reserved powers include, most importantly, the police power to promote the general welfare of society.
10th
In Michigan, all physicians reapplying for re-licensure, must have earned ____ hours of approved CME credits during the three-year period prior to re-applying for re-licensure.
150
General Hospital needs to query the NPDB upon the initial application of the physician and then every _______ year(s)
2
Which of the following employees are exempt from the overtime requirements of the FLSA?
A&B: chief executive officer and department admin
___ is a road map for administrative decision making.
Administrative procedures act
A covered entity may use and disclose protected health information for its own treatment, payment, and health care operations activities. Which of the following are health care operations activities?
All of the above
The Administrative Simplification standards adopted by Health and Human Services (HHS) under HIPAA apply to any organization/individual that is a
All of the above
The Immigration Reform and Control Act of 1986 (IRCA) requires employers to:
All of the above
When a dispute is resolved at a hearing before an impartial referee without involving the court system, this is known as: A
Arbitration
The minimum composition and frequency of meetings of a hospital's governing board are typically determined by which of the following?
Articles of incorporation or bylaws
A physician's unfulfilled promise to cure a patient may lead to which of the following types of liability?
Breach of warranty
Of the following legal issues, which is most apt to be of concern with respect to the peer review process?
Confidence of peer review records
Describe contributory and comparative negligence
Contributory negligence is when the patient failed to comply with the treatment that was offered to him/her, resulting in or contributing to the injury. When this occurs, the patient will receive nothing from the occurrence. Comparative negligence is when the patient worsened the injury from the already negligent treatment he/she received. This generally results in partial compensation towards the patient, as he was not entirely to blame but still contributed to the negligence.
A doctrine under which an organization is liable if it fails to uphold the proper standard of care owed the patient -- a standard that ensures the patient's safety and well-being while at the organization's facility
Corporate liability
In which case, did the court hold that a hospital owes a duty to its patients to exercise reasonable care in the selection of its medical staff and in granting specialized privileges?
Darling v. Charleston Memorial Hospital
An employer's first line of defense in sexual harassment situations is to:
Develop and implement a sexual harassment policy
What is the most significant legal problem with relying on oral consent?
Difficult to prove
Which of the following is forbidden to a not-for-profit hospital corporation?
Distributing profits to members of the board of directors/trustees
Individuals who serve as board members of a hospital must put the interests of the organization above self-interest. This is known as
Duty of loyalty
________ is the federal law that requires evaluation of persons who come to a hospital emergency room.
EMTALA
______ pre-empted state regulation of self-insured benefit plans.
ERISA
economic credentialling
Economic credentialing is using economical information which does not coincide with medical quality of competence to determine a physician's qualifications are viable for beginning or continuing in medical staff privileges.
Congress enacted the federal law cited in Question #1 to:
Ensure access to emergency services regardless of ability to pay
Jane and Joe are both nurses in the hospital working on different units. They perform similar nursing duties and have been at the hospital the same amount of years. Both are paid the same amount. This is a requirement of which law?
Equal Pay act of 1963
A man is seriously injured in a midnight automobile accident. His life appears to be in jeopardy. Paramedics take him to the nearest hospital, a small facility in a rural area that does not have a true emergency department. There is no physician on duty. Which of the following best describes what the hospital's staff should do?
Examine the patient and stabilize his condition the best they can.
A smaller committee of the Board that is delegated authority to act on behalf of the full board is the _________ committee
Executive
Which law prohibits paying bribes or anything of value, if all or a portion of payment will be used to influence a foreign ACA?
FCPA
Which law requires employers to provide 12 weeks of unpaid leave for family and medical emergencies, childbirth or serious health conditions?
FMLA
A corporation is responsible for the negligent acts of a physician who commits a negligent act in his or her private office, so long as he or she is a member of the organization's medical or dental staff.
False
A covered entity need permission from the patient to disclose protected health information to HHS when HHS is undertaking a compliance investigation or review or enforcement action.
False
A hospital takes a professional review action based on a physician's professional competence, and suspends a physician's clinical privileges for 30 days. This action is reportable to the NPDB.
False
A hospital's EMTALA obligation towards an individual continues when the individual has been admitted for inpatient hospital services.
False
A physician is required to apply the minimum necessary standard when discussing a patient's medical chart information with a specialist at another hospital.
False
All hospitals are required by law to have an emergency department.
False
An amendment to the FLSA states that employers must provide nursing mothers a private place to express milk without intrusion. This applies to both exempt and non-exempt employees
False
CLIA requires waived laboratories to conduct proficiency testing on its laboratory testing procedures.
False
HIPAA requires patient authorization for every release of information.
False
Health maintenance organizations and similar health plans cannot be held liable for adverse treatment outcomes because they only make decisions about insurance coverage.
False
John goes to the dentist and signs in when he arrives. After he acknowledges him, the receptionist uses a black marker to cross out John's name because that is a requirement of HIPAA
False
John moved to a different state and needed a new physician. Before he selected one, he wanted to check the National Practitioner Data Bank to see if there were any malpractice claims paid out for this physician. He was able to access the Data Bank.
False
Professionals cannot self-query the NPDB for adverse actions.
False
Section 1921 expands the information collected and disseminated through the NPDB to include reports on all licensure actions taken against all healthcare practitioners including health care administrators, not just physicians and dentists, as well as healthcare entities.
False
The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is investigating allegations of Medicare fraud by Dr. Y and reviews Dr. Y's medical records of his Medicare patients, without the patients consent. Dr. Y alleges that HHS is in violation of HIPAA. Is Dr. Y correct.?
False
The Fair Labor Standards Act (FLSA) requires employers to provide incentive pay for employees who work midnights and evening shifts.
False
The False Claims Act was enacted during WWII.
False
The Health Professional Recovery Program is a disciplinary and confidential program designed to support health professionals in their recovery from substance abuse/chemical addiction or mental illness.
False
The United States Constitution states that US citizens have an unalienable right to health care.
False
The credentialing committee makes the final decision regarding medical staff privileges.
False
The written exposure control plan to eliminate or minimize employee exposures to bloodborne pathogens needs to be a stand-alone document.
False
When a physician realizes that she wrote an order in the wrong patient's medical record, she can just erase it and write the order in the correct record.
False
______ outlaws unfair or deceptive acts or practices.
Federal Trade Commission Act
If the Centers for Medicare and Medicaid Services want to change a rule to the Medicare Program, notice of the proposed change needs to be published in the:
Federal register
Seventeen (17) hazardous non-farm jobs are out of bounds for youth under the age of 18. In the health care industry, the most common hazardous occupations violations occur in ____ and _____ jobs.
Food service and housekeeping
Controversies about decisions to withhold certain life-prolonging procedures (such as artificial feeding) from incompetent, terminally ill patients occasionally make headlines. Which of these is the best general summary of most courts' decisions in such cases?
Foregoing such procedures is legally justifiable when there would no apparent therapeutic benefit and the patient would not have wanted his or her condition prolonged.
Dr. Y submitted a bill to Medicare for Mrs. Z because he stated that he treated her for her diabetes. However for the dates he submitted the claims, Mrs. Z was out of the state visiting her daughter in Florida. This is an example of ______
Fraud
Accountable care organizations consist of which of the following?
Groups of providers of services and suppliers who meet certain criteria
Special confidentiality laws apply to which of the following types of records?
HIV/AIDS?
Identify the three critical objectives of the Triple Aim.
Improve the health of the defined population - Enhance patient care experience - Reduce or control the per capita cost of care
An individual who agrees to undertake work without being under the direct control or direction of another and is personally responsible for his or her negligent acts.
Independant contractor
Which of the following statements best summarizes the liability of managed care organizations (e.g., HMOs, PPOs) for admission and discharge decisions that are motivated by cost considerations?
It is the physician's responsibility to provide the care needed, but in some states the managed care organization can be held liable if its decisions about insurance coverage have adverse effects.
The US Supreme Court ruled that tax credits are available in States that have federal health insurance exchanges. In which case did this ruling occur?
King vs Burdell
In the context of tax-exempt corporations, the term excess benefits refers to which of the following?
Large salaries and perks to executives
Which of the following transactions is the most likely to be considered ultra vires if undertaken by a hospital corporation?
Making loans to members of the governing board
Who was the first president to submit healthcare reform legislation to Congress?
Not Harry S Truman
Which case was instrumental in the passage of the HCQIA?
Patrick vs Burget
If an organization or a corporation is used to protect fraud or defend crime, the law will place liability on the owners of the corporation. This is known as _.
Piercing corporate veil
"Ghost surgery" refers to what questionable practice?
Procedures performed by a substitute physician
Under the Privacy Rule, information such as a social security number is
Protected health information
A 20 year employee of Company X became wheel-chair bound due to a recent car accident. Upon his return to work, he could not reach his desk top computer because the counter was too low. The employer had a contractor adjust the height of the counter, so the employee could perform his work. Under the American with Disabilities Act, the employer's action is known as:
Providing reasonable accomodations
Medicaid is an example of what type of legislation, according to Feldstein?
Redistributive
General Hospital is investigating Dr. Doe for potential malpractice. During the investigative process, Dr. Doe surrenders his hospital privileges. What is General Hospital's responsibility?
Report the surrender of the privileges by the physician within 15 days to the State licensing agency.
An agency statement designed to implement, interpret, or prescribe law or policy is known as
Rule
Name two differences between rules & laws
Rules are issued by executive agencies, whereas congress passes laws. Rules receive power from Congress, whereas laws receive power from the constitution.
The legal basis for federal tax exemption of hospitals is found in which of the following?
Section 501(c)(3) of the Internal Revenue Code
The most significant anti-trust law that affects the health care industry is the
Sherman Act
Which law mandated that 'providers of services and suppliers' under Medicare, Medicaid,and CHIP have a Corporate Compliance Program to minimize the potential for fraud & abuse?
Sherman?
A man is seen in the emergency department and is found to have a condition that the hospital is not equipped to treat. Which of the following statements is the best summary of the hospital's responsibility to the patient?
Stabilize the condition and transfer him to a hospital that is equipped to treat him properly.
A physician's wife owns a laboratory so the physician refers patients to this laboratory for blood test. This action violates:
Stark's Law
Employer X does not like to hire women who are in the childbearing ages because they make get pregnant and the lost productivity could negatively impact the bottom line.
Statistical discrimination
Laws that are established by legislative bodies are:
Statutory
When firms, individuals, and groups seek to further their own self-interest, this is the basis underlying the economic theory of regulation.
TRUE
Which document issued in 1910 proposed new standards for medical schools & helped increased physicians' professional stature?
The Flexner Report
A surgeon practices at Community Hospital on the private patients he admits there. He makes rounds every day after surgery and makes notes in his patients' "charts" (paper records kept at the nursing station). Who owns these medical records?
The hospital
A tax-exempt hospital has a pharmacy that fills prescriptions for its patients and sells other products typically found in commercial pharmacies. Which of the following is the best summary of the tax implications of this situation?
The hospital will need to pay tax on some of the pharmacy's profits.
What does it mean that, under federal law, a tax-exempt organization's net earnings may not "inure" to the benefit of any private individual?
The net earnings must be dedicated to exempt purposes.
Describe the two midnight (2MN) rule, as it applies to Medicare.
The two midnight rule establishes that inpatient admission will be payable if the patient's stay is expected to last over two midnights, even though Medicare payment is not intended for stays over two midnights in length.
Under the Hill-Burton Act, hospitals that received federal funding were required to provide certain amounts of free care to indigent persons (persons who are unable to pay). What were these requirements called?
The uncompensated care and community service obligations
The author lists eight duties of a Board of Directors. These duties can be 'boiled down' to two categories, which are ____ and ____.
These two categories are essentially characteristics: loyalty and responsibility.
Which of the following statements best describes how to deal with patients who are mentally ill and a danger to themselves or others?
They may be detained temporarily under state legal procedures.
What is a hospital's responsibility to ensure that patients give valid consent to surgery when the physician is an independent member of the medical staff (i.e., not a hospital employee)?
To have procedures that will ensure surgery does not begin unless consent is documented in the medical record
Which of the following is the best summary of the purpose of a Good Samaritan statute?
To protect people from liability who render aid at the scene of an accident.
A civil wrong committed by one person against the person or property of another
Tort
In December 2016, the Michigan Department of Licensing and Regulatory Affairs announced revised Medical Rules. With these new rules came new requirements for Continuing Medical Education in Michigan. List the three new CE requirements.
Training standards to identify victims of human trafficking: one-time training - Education on pain and symptom management: continuing education - Medical Ethics: continuing education
A 60-day suspension is imposed on a pediatrician for repeated failure to complete medical records, which resulted in a patient receiving the wrong medication. This action is reportable to the NPDB.
True
A manager's role is to set goals, developing action plans, evaluate outcomes, and re-assess strategies and tactics based on outcomes.
True
A patient who is in a hospital-owned ambulance is considered to have "come to the hospital" for purposes of the federal law on emergency medical care.
True
An affidavit is a written document in which the signer swears under penalty of perjury that the facts in the document are true.
True
Documentation of the circumstances surrounding the termination of an employee is important to demonstrate the fair handling of a termination.
True
Due process essentially means fundamental fairness.
True
Getting consent from individuals to use and disclose their PHI for treatment, payment and health care operations is optional under the Privacy Rule for all covered entities.
True
Infectious materials in blood that can cause disease in humans, including Hepatitis B and C and HIV are blood borne pathogens
True
Neither a patient nor the patient's authorized representative has a right to physical possession of the original medical record.
True
Personnel involved in the utilization review / case management process make recommendations about appropriate types of care for patients being discharged from the hospital.
True
Physicians have the right to limit their practice to a certain geographic area.
True
Quality improvement organizations, Federal and State health care programs, State Medicaid Fraud Control Units, and other law enforcement agencies have limited access to the NPDB regarding healthcare practitioners.
True
The federal law on emergency medical conditions applies to anyone on hospital property whom the hospital determines has an emergency medical condition, even if the individual is not in the emergency department.
True
The majority of family caregivers are women age 50 and over who care for a parent for an average of three years while maintaining outside employment
True
The primary purpose of medical records is to document patient care.
True
The regulatory process is designed to protect the rights of citizens against arbitrary government actions.
True
The supervisor in the hospital's kitchen is upset because several staff called in sick, leaving him with several 16 year old employees to help get dinner ready for the patients. The supervisor provided them with a quick overview regarding how to use the meat slicer, which the students proceed to use to help get dinner ready. This action is inconsistent with the Fair Labor Standards Act.
True
Violations of the False Claim Act can result in penalties up to $21,916 per claim, as of 2017
True
Wearing proper personal protective equipment can greatly reduce potential exposure to all bloodborne infections.
True
When a health care provider is held liable for the negligence of others, even if not personally negligent, this is known as vicarious liability and is based on the principle of respondeat superior.
True
When an employer asks a female applicant to demonstrate a particular skill and does not ask a male applicant for the same position to demonstrate the same skill, this is known as disparate treatment.
True
Which of the following is the trial court of the federal court system
US District Court
In which case was Medicare fraud established, even if the payments were also intended to compensate the physician for professional services in connection with tests performed by the laboratory.
US vs Greber
Define both utilization review and utilization management.
Utilization review is a surveillance of the quality of medical services in regards to their guidelines. This is the approach where review of patient records is conducted to ensure that the processes were performed appropriately. Utilization management is applied to respond to situations in a proactive, efficient manner as they appear in the organization. This means that reviews provided to utilization management are observed and used to update procedures.
Which of the following events is a hospital not normally required to report to public authorities for statistical purposes?
Visitor slip-and-fall
When might it be permissible to release information about a psychiatric patient to a third person without the patient's consent?
When the patient has made threats against the third party
The expression "implied consent" is most applicable in which of the following situations?
When there is an emergency and the patient is unconscious
A 'qui tam' plaintiff can also be referred to as a
Whistle Blower
In Johnson v. Vaughn, the physician refused to release a gravely ill patient to another physician who could provide immediate treatment. This case is an example of
abandonment
A Board of Medical Examiners' conducts a hearing on a license revocation for Dr. X. This is an example of ________
administration adjudication
A hospital can refuse admission of a patient in which of the following circumstances?
all of the above
Which of he following are considered as personal protective equipment clothing or equipment worn by an employee for protection against infectious materials
all of the above
In Norton v. Argonaut Insurance Company, the parents sued the physician's insurance company after their infant died due to a medication error in the hospital. Who was liable in this case, according to the ruling of the appeals court? Why?
all were held liable
Health maintenance organizations achieve cost controls through:
all?
Employers must update the exposure control plan_____ to reflect technological changes that will help eliminate or reduce exposure to blood-borne pathogens
annually
Major function of the legislative branch of government
b and c
In a recent high profile case, young women testified that a physician sexually abused them during treatment sessions. He egregiously exceeded the scope of consent. (He was sentenced on 1/24/18 to 175 years in prison with no consideration for parole.) This behavior is an example of
battery
OSHA classifies toxic agents that can be harmful to workers in various categories. What type of classification are agents (such as ionizing and non-ionizing radiation) within the health care work environment that can cause tissue trauma?
biological agents
_________ contain rules for the internal management and governance of the corporation.
bylaws
Under HIPAA, a patient has a right to an "accounting." This means that s/he
can learn to whom his health information was disclosed.
For many years, hospitals could not be sued successfully for malpractice because of the legal doctrine known as _______________.
charitable immunity
Section 7 of the ____ forbids mergers and acquisitions that may substantially lessen competition or tend to create a monopoly.
clayton act
A special kind of agreement, either written or oral that involves legally binding obligations between two or more parties is a (n):
contract
The U.S. Supreme Court consists of
eight associate justices and one chief justice
Who is responsible for cleaning and repairing PPE?
employee
Jane, a registered nurse, was disenchanted with the working conditions at her hospital and instead of trying to make changes, she decided to quit without notice. This will not affect her obtaining employment at another hospital because she was complying with her hospital's ________ policy.
employment at will
Major function of the executive branch of government
enforce and administer law
Devices that isolate or remove the bloodborne pathogen hazard from the workplace are referred to as
engineering controls
Fatal work related injuries are rare in hospitals. Which of the following is the primary cause of fatal work related Injuries in hospitals?
exposure to harmful substances
Corporate authority that is derived from statutes
express
The voluntary agreement by a person in the possession and exercise of sufficient mentality to make an intelligent choice to allow something proposed by another
express consent
When someone's actions affects another person who is not a participant in the transaction, this is known as a(n) ______
externality
A corporation that is exempt from federal taxation may take a position in support of a particular candidate for elective office.
false
A not for profit corporation cannot make a profit.
false
All states allow religious and medical exemptions to vaccinations
false
For a physician-patient relationship to be established, the physician must always come into direct contact with the patient.
false
If it is demonstrated that two competitors participate in pricing fixing arrangements, then the plaintiff would have to provide evidence of the anti-competitive effects on his or her business
false
In most states, a hospital employee who is injured on the job as a result of a coworker's negligence may successfully pursue a lawsuit against the employer under respondeat superior.
false
It is a black letter law that a nonemergency patient has a legal right to be admitted to any voluntary hospital or for profit hospital or to most governmental hospitals.
false
It is the individual (not community) protections that justifies mandatory vaccinations.
false
Mr. Doe goes to see his physician for a routine check up and the medical assistant dons gloves to take his blood pressure. The medical assistant tells Mr. Doe that CDC requires that gloves are to be used for ALL procedures that include touching a patient, . Is she correct?
false
Regulatory policies are implemented to prescribe and control the actions, behaviors, and decisions of interest groups, only.
false
The doctrine of strict liability applies to services as well as products.
false
You are an employer covered by OSHA and there is an accident at your facility which resulted in five of your employees being hospitalized. This is not reportable to OSHA.
false
After his condition has stabilized, a patient is prevented from leaving the emergency room because he has not made arrangements to pay the bill; no physical force is used, but the patient feels intimidated by a burly security guard standing in the door. About which of the following legal theories should the hospital's lawyer be most concerned?
false imprisonement
In Stowers v. Woldodzko, the patient Mrs. Stowers was admitted to a psychiatric facility against her will and was not allowed to communicate with her family nor with an attorney. This is an example of which type of tort?
false imprisonement
The most significant player in health care regulation today is
federal government
Which entity has the primary responsibility to advance the public's health?
government
An express contract is one that _______________.
has been reduced to words
A person is hospitalized with infectious TB and needs to be isolated. Who has the authority to enforce the isolation?
health department
Which of the following factors is not relevant to a decision on whether to provide nonemergency care to a competent 17-year-old.
highschool grad
The majority of Medicaid spending for Home and Community Based Services is for
home health services?
____________ provided federal financing for the construction and modernization of publicly owned and non-profit facilities
hospital survey and construction act
Under the concept of apparent agency, a hospital may be held liable for the negligence of a nonemployee if
it reasonably seemed that the individual was authorized to act on behalf of the hospital.
The landmark case that indicated that it was lawful for a state to require vaccinations to protect the public in the case of a dangerous communicable disease was known as
jacobson vs massachusetts
A business relationship in which the parties share an endeavor's rewards and risks while contractually agreeing on matters of ownership, control, and management is typically known as a _______________.
jont venture
An author publishes something untrue about a private citizen, and the subject's reputation is injured. What type of intentional tort is most likely to be alleged if a lawsuit is filed?
libel
There are three components in standard of care against which physicians are judged. In this component, treatment used by the physician is compared to that used by physicians 'in the same neighborhood'.
local, state, national standard
Which of the following industries are the most hazardous for workers?
manufacturing
According to Kaiser, in 2015, the median annual cost for nursing facility care was _____.
more than 90,000
______ occurs when a person intends no harm but fails to do what a reasonably careful person would do under the circumstances.
negligence
In Landeros v. Flood, the physician failed to report a suspected case of child abuse as required by law. After examining the child, the physician sent her home with her parents where she suffered further abuse. Which of the following arguments could be used to hold the physician liable?
negligence per se
The overwhelming majority of federal health regulatory activity occurs in which cabinet?
not food and drug
Nearly half (48 percent) of injuries resulting in days away from work among hospital workers are caused by:
over exertion and bodily reaction
Which law was the first federal law to address the problem of the healthcare uninsured and it was the only federal law in the 20th century to codify racial segregation?. When was it declared unconstitutional?
pg 41
When states enact laws and promulgate regulations to protect the public's health, welfare, and morals and to promote the common good, they are exercising their ____
police powers
The cause that immediately precedes an injury in a negligence case. p
proximate
Body of law dealing with relationships between private parties and government
public law
In common law, the term referring to that which has been acted on or decided by the courts is:
res judicata
___ is (are) device(s) that isolate or remove bloodborne pathogen hazard from the workplace
self sheething needles, needless systems, and sharps disposal containers
If a physician "authenticated" a record, he or she has _______________.
signed it
A set of precautions designed to prevent transmission of HIV, Hepatitis B, and other bloodborne pathogens when providing first aid or health care are known as.
standard (universal) precautions
Common law principle in which courts apply previous decisions to subsequent cases involving similar facts and questions
star decisis
Which act allowed for government compensation for the first time for vaccine injuries?
swine flue of 1976
Ultimate responsibility for the quality of medical care in a hospital rests with which of the following?
the governing board
A corporation is a legal person with recognized rights, duties, powers, and responsibilities. Because the legal person is in reality a fictitious person, there is a requirement that certain persons be designated to exercise corporate power and that they be held accountable for corporate decision making.
true
According to Studdert, trust law focuses on protection of the organization's assets, rather than directly on the actions of its trustees.
true
Clinical Laboratory Improvement Amendments regulate laboratories in hospitals, physician offices and those that operate as free standing facilities
true
Consent forms tailored to specific procedures should be used when the proposed treatment is something more than routine care.
true
Generally,public health focuses on the health of populations, while medicine focuses on the health of individuals.
true
If a physician explains to the patient the purpose of the proposed treatment but does not explain the alternative treatments (if any), the consent is probably not going to be held to have been valid.
true
In general, members of a hospital governing board are not personally liable for their honest errors in business judgment.
true
Tax-exempt corporations are not-for-profit, but not all not-for-profit corporations are tax exempt.
true
Under the Clayton Act, it is lawful for pharmaceutical organizations to sell their products to a hospital for its own use.
true
Governing bodies that act beyond the scope of their authority, either expressed or implied in law, have committed a (n)
ultra vires act
The doctrine of Respondeat superior is analogous to:_______________.
vicarious liability
