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Chapter 8 - Health Law

Terms in this set (55)

Discovery is described as _____.
a.It is designed to limit access to information that other parties hold
b.It is a type of deposition
c.It is a pretrial process
d.It is intended to result in surprises at trial
c.It is a pretrial process
Which of the following is a true statement about the content of the legal health record?
a.The legal health record contains only clinical data
b.The legal health record contains metadata
c.The legal health record should not include email
d.The legal health record should not include diagnostic images
b.The legal health record contains metadata
The legal authority to make decisions is known as _____.
a.Arbitration
b.Tort
c.Private law
d.Jurisdiction
d.Jurisdiction
The sources of law enacted by a legislative body is _____.
a.Judicial decisions
b.Statutory law
c.Administrative law
d.Constitutional law
b.Statutory law
The form and content of the health record are determined in part by _____.
a.HIPAA
b.The needs of individual healthcare organizations
c.A State's statute of limitations
d.The False Claims Act
b.The needs of individual healthcare organizations
The source of law that spells out the powers of the three branches of the federal government is _____.
a.US Constitution
b.Statutes
c.Administrative law
d.Judicial decisions
a.US Constitution
The source of law that is enacted by a legislative body is known as _____.
a.Administrative laws
b.Statutes
c.Public laws
d.Arbitration laws
b.Statutes
The individual who brings a lawsuit called _____.
a.Defendant
b.Jury
c.Plaintiff
d.Attorney
c.Plaintiff
The individual who is the object of a lawsuit called _____.
a.Plaintiff
b.Jury
c.Judge
d.Defendant
d.Defendant
The basis of professional liability includes _____.
a.Authentication
b.Intentional tort
c.Discovery
d.Living will
b.Intentional tort
AHIMA's record retention guidelines recommend that diagnostic images such as x-rays be maintained for what length of time?
a.At least 1 year
b.At least 5 years
c.At least 10 years
d.Permanently
b.At least 5 years
AHIMA's record retention guidelines recommend that the master patient index be maintained for:
a.At least five years
b.At least 10 years
c.At least 25 years
d.Permanently
d.Permanently
AHIMA's record retention guidelines recommend that the health records of adults be maintained for what length of time?
a.At least 5 years after the most recent encounter
b.At least 10 years after the most recent encounter
c.At least 15 years after the most recent encounter
d.Permanently
b.At least 10 years after the most recent encounter
Which of the following should be considered first when establishing health record retention policies?
a.State retention requirements
b.Accreditation standards
c.AHIMA's retention guidelines
d.Federal requirements
a.State retention requirements
The services that a physician is allowed to perform in a healthcare organization are known as _____.
a.Credentialing
b.Clinical privileges
c.Licensure
d.Certification
b.Clinical privileges
The physical health record is usually considered the property of the _____.
a.Organization or provider
b.Patient
c.Attending physician
d.HIM professional
a.Organization or provider
In addition to a physician's order, the do-not-resuscitate order should include _
a.Patient consent
b.A named patient proxy
c.A living will
d.Authentication by the facility's health information management director
a.Patient consent
A nurse cannot practice without _____.
a.Accreditation
b.Licensure
c.Authentication
d.Certification
b.Licensure
Amber files a medical malpractice lawsuit against Dr. Mason, who performed her surgery. She names no other defendants in the lawsuit. Dr. Mason files a complaint against Amber. By doing this, Dr. Mason has completed the legal action of _____.
a.Counterclaim
b.Crossclaim
c.Default judgment
d.Joinder
a.Counterclaim
The source of law that is created by legislative bodies is a(n) _____.
a.Statute
b.Administrative law
c.Constitutional law
d.Private law
a.Statute
An example of causes of action is _____.
a.Complaint
b.Breach of contract
c.Summons
d.Consent
b.Breach of contract
The organization that prohibits specific abbreviations from being used in the health record is _____.
a.Joint Commission
b.Centers for Medicare and Medicaid Services
c.State health departments
d.State legislature
a.Joint Commission
Which of the following is a discovery method?
a.Subpoena
b.Deposition
c.Hearsay
d.Legal hold
b.Deposition
A _________________ compels a person to bring records to a deposition or trial.
a.Subpoena ad testificandum
b.Subpoena duces tecum
c.Interrogatories
d.E-discovery
b.Subpoena duces tecum
Spoliation can be defined as _____.
a.A required action after a legal hold is imposed
b.Negligent destruction or changing of information
c.Destroying, changing, or hiding evidence intentionally
d.Can only be performed on records that are involved in a court proceeding
c.Destroying, changing, or hiding evidence intentionally
The type of destruction appropriate for paper health records is _____.
a.Degaussing
b.Demagnetizing
c.Overwriting
d.Pulping
d.Pulping
A child's health record should be retained for _____.
a.The statute of limitations plus five years
b.The age of majority plus the statute of limitation
c.The age of majority
d.The age of majority plus three years
b.The age of majority plus the statute of limitation
Evaluate each statement and determine the true statement about the legal health record.
a.It includes PHI stored on any medium
b.It includes PHI on paper only
c.It includes PHI on paper and electronic formats only
d.It includes electronic PHI only
a.It includes PHI stored on any medium
Policies that address how PHI is used inside the organization deal with which of the following?
a.Legal health record
b.Privileged communications
c.Disclosures
d.Use
d.Use
Identify the type of negligence that applies when a physician does not order the necessary test.
a.Nonfeasance
b.Malfeasance
c.Misfeasance
d.Intentional tort
a.Nonfeasance
When a healthcare provider purposely commits a wrongful act that results in injury to a patient, the provider can be held responsible for _____.
a.Negligence
b.Intentional tort
c.Nonfeasance
d.Misfeasance
b.Intentional tort
The custodian of record received a _________ requiring her to go to court.
a.Summons
b.Subpoena ad testificandum
c.Subpoena duces tecum
d.Deposition
c.Subpoena duces tecum
Corrected documentation errors should provide a(n) _____.
a.Correction per administrative approval only
b.Areas where incorrect information can be obliterated
c.Option for a "corrected final" version
d.Staff should be permitted to correct errors in whatever way they see fit
c.Option for a "corrected final" version
Congress passes laws, which are then developed by federal agencies to provide a blueprint for carrying out these laws. Federal agencies develop _____.
a.Statutes
b.Regulations
c.Judicial decisions
d.Ordinances
b.Regulations
In order for Susan to be able to prove negligence, she must be able to prove injury, standard of care, breach of standard of care, and _____.
a.Misfeasance
b.Causation
c.Malfeasance
d.Joinder
b.Causation
Jeremiah files a medical malpractice lawsuit against Dr. Watson, who performed his surgery. He names no other defendants in the lawsuit. Dr. Watson files a complaint against his assistant surgeon, Dr. Crick. By doing this, Dr. Watson has completed the legal action of _____.
a.Counterclaim
b.Crossclaim
c.Default judgment
d.Joinder
d.Joinder
In Lindsay's lawsuit against her physical therapist, her attorney (a) obtained copies of most documents that he requested such as medical records, contracts, email communications, bills, and receipts. However, at trial, Lindsay was surprised to learn that (b) several of these documents were not permitted to be considered by the jury as evidence. The concepts associated with (a) and (b) are _____.
a.Subpoena; default
b.Counterclaim; discovery
c.Deposition; voir dire
d.Discovery; admissibility
d.Discovery; admissibility
Elizabeth arrived at the nearest urgent care facility after being bitten by her cat. The physician examined her and gave her a tetanus shot. Based on these facts, a physician-patient relationship has _________.
a.Been created by express contract
b.Been created by implied contract
c.Not been created
d.Been breached
b.Been created by implied contract
Alex fell from a tree and was taken to the emergency room. The physician did a physical exam and diagnosed Alex with contusions. In fact, Alex suffered a punctured lung that would have been detected by a radiologic image. In this case, the physician committed _____.
a.Nonfeasance
b.Misfeasance
c.Malfeasasance
d.No wrongdoing
a.Nonfeasance
If a patient is not asked to sign a general consent form when entering the hospital and later sues the hospital for contact that was offensive, harmful, or not otherwise agreed to, what cause of action has the plaintiff most likely included in his lawsuit?
a.Battery
b.Lack of informed consent
c.Negligence
d.Breach of contract
a.Battery
A durable power of attorney for healthcare decisions ______________.
a.Should not be included in an individual's health record
b.Applies only when the individual is competent
c.Applies when the individual is no longer competent
d.Prohibits the use of cardiopulmonary resuscitation in the event of a cardiac arrest
c.Applies when the individual is no longer competent
Which of the following is an example of metadata?
a.Text message
b.Information that shows who accessed a record
c.Voicemail message
d.Printout of a patient's operative report
b.Information that shows who accessed a record
The maintenance of health records ____________________.
a.Is governed by state laws only
b.Is governed by Medicare Conditions of Participation for organizations that treat Medicare and Medicaid patients
c.Is always left solely to the discretion of the healthcare organization that maintains the records
d.Is not addressed by accrediting bodies and governmental agencies
b.Is governed by Medicare Conditions of Participation for organizations that treat Medicare and Medicaid patients
Disclosure of health information without the patient's authorization _____________.
a.Is prohibited by federal law
b.Is prohibited by most state laws
c.May be required by specific state statutes
d.Is only required for cases of suspected child abuse
c.May be required by specific state statutes
Metadata are _____.
a.Found in personal health records only
b.Data about data
c.Found in paper records only
d.A patient's billing records
b.Data about data
Stacie is writing a health record retention policy. She is taking into account the statute of limitations for malpractice and contract actions in her state. A statute of limitations refers to which of the following?
a.A limited number of state laws
b.The period of time that a case must be brought to trial
c.The timeliness of the health records in her facility
d.The period of time in which a lawsuit must be filed
d.The period of time in which a lawsuit must be filed
The Registered Health Information Technician (RHIT) credential is an example of _____.
a.Licensure
b.Certification
c.Accreditation
d.Validation
b.Certification
Dr. Smith is being sued by a former patient. At issue is whether the care he provided the patient was consistent with that which would be provided by an ordinary and reasonable physician treating a patient in the plaintiff's condition. The concept in question is whether _____________.
a.Dr. Smith owed a duty to the patient
b.Dr. Smith was practicing medicine with a valid license
c.There was a causal relationship between Dr. Smith's actions and the harm to the patient
d.Dr. Smith met the standard of care
d.Dr. Smith met the standard of care
A subpoena requesting patient records _____.
a.Is initiated by a judge
b.Is also referred to as a court order
c.Must usually be accompanied by patient authorization
d.Can be ignored
c.Must usually be accompanied by patient authorization
A deposition is when _____.
a.Testimony is not transcribed because it cannot be used at trial
b.An individual appears at an appointed time and place to testify under oath
c.Only the testimony of the plaintiff and defendant can be obtained
d.Attorneys for the plaintiff and defendant are prohibited from attending
b.An individual appears at an appointed time and place to testify under oath
A legal hold serves to _____.
a.Confine a person in jail
b.Subject records to a search warrant
c.Preserve information
d.Create information
c.Preserve information
The content of the health record _______.
a.May include documentation by only the physician
b.Is not subject to accreditation standards
c.Should facilitate retrieval of data
d.Should include many abbreviations to save space
c.Should facilitate retrieval of data
The length of time health information is retained ______________.
a.Must account for state retention laws, if they exist
b.Must be approved by patients whose health information is being maintained
c.Should not take into account the healthcare organization's operational needs
d.Is ultimately the physician's decision
a.Must account for state retention laws, if they exist
The type of law that defines the rights and duties among people and private businesses is _____.
a.Public law
b.Private law
c.Corporate law
d.Administrative law
b.Private law
Identify the stage of the litigation process that focuses on the strength of the opposing party.
a.Deposition
b.Discovery
c.Trial
d.Verdict
b.Discovery
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