Computer software designed to prevent electronic fraud

A patient is injured due to a Dr. failing to exercise the care and expertise expected of them.

The Dr. may be liable for negligence

What are two factors that would influence cost of premiums for a malpractice insurance policy?

The $ amount covered by the policy and the Dr's speciality

Which of the following is not a reason that Medicare fraud is difficult to estimate?

Health care claims are destroyed after two years

For which of the following examples would implied consent not be legally appropriate?

Patient agrees to a test for HIV

If a plastic surgeon photographs patients, which should be included on the consent form?

Authorization to use photos outside the facility

What federal agency fights fraud, waste, and abuse in health programs?

Office of the Inspector General

A patient thinks her privacy rights have been violated by a local hospital. Under HIPAA, she:

File a complaint with Secretary of Health and Human services

What/Who determines "Standard of Care"?

A healthcare workers state license or certification

Which of the following does not fall under the responsibility of physicians as employers?

Employees driving to and from the workplace

In a physician's office, a sign in sheet is permissible use as long as:

you do not ask for the reason of the visit

Where are the Medicare and Medicaid sanctions and malpractice histories recorded?

National Practitioner Data Bank

Duty, Deriliction, Direct cause, Damages

Which of the following people CAN give informed consent?

english speaking illegal immigrants

Which of the following statements is true about HIPAA standard 2?

Protected Health Info is written, spoken, or electronic form

Under the Patient Protection and Affordable Care Act insurance are not required to

Cover children up to age 30 on their parents insurance

Which does not help Dr's stay within their scope of practice and operate within the law?

Documenting care accurately for a colleague

What should be done to correct an error in a written medical record?

Draw a line through the mistake, correct, date and initial

A saying that relates to documentation

"If it is not written, It did not happen"

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Medical Law and Ethics Study Guide Quiz + Medical Law and Ethics + Duplicate of Medical law and ethics chapters 5-6 + Medical Ethics Chapter 7-8

144 termsStudBud Administration797 plays

Medical Law and Ethics, to help review for the Certified Medical Assisting Cert. Exam Comprehensive Medical Assisting Book, Pearson Reference: Medical Law and Ethics

Flashcards144 cardsFPractice quizPHost liveL

Questions 144

Answers

1
A Patient can withdraw consent at any time
True
False
2
What is a firewall?
Steel safe to protect paper documents
Computer software designed to prevent electronic fraud
Computer passwords and logins for employees
Construction in a health clinic to protect private documents
3
A patient is injured due to a Dr. failing to exercise the care and expertise expected of them.
The Dr. may be liable for fraud
The Dr. may be liable for duty of care
The Dr. may be liable for negligence
The Dr. may be liable for standard of care
4
How many HIPAA defined permissions exist?
Seven
Three
Six
Four
5
durable power of attorney can be all but:
friend
grown child
Dog
spouse
6
Ethical decisions pertaining to life issues
proximate cause
arbitration
Bioethics
veracity
7
What are two factors that would influence cost of premiums for a malpractice insurance policy?
The $ amount covered by the policy and the Dr's speciality
If the Dr has hospital admitting privileges and type of Dr.
Size of the practice and number of staff members
How long the Dr has been a specialist and $ amount covered
8
Which of the following is not a reason that Medicare fraud is difficult to estimate?
Clains can be partially fraudulent and partially accurate
Fraud is hard to detect
Statistics from prior years are not always accurate
Health care claims are destroyed after two years
9
GINA: stands for- Genetic Information Nondiscrimination Acts
True
False
10
Who owns the patient's medical records kept in a hospital?
The hospital
The patient
The surgeon
The treating physician
11
A patient knew the ____ before care, the defendant may use contributory negligence as a defense
Cause and effect of care
Diagnosis
Inherent risk
Prognosis
12
when a patient recieves information concerning risks and advantages of treatments
informed consent
misfeasance
standard of care
proximate cause
13
A MA is updating her skills at seminars. Which of the 4 Cs of malpractice prevention is this?
Communication
Competence
Charting
Control
14
For which of the following examples would implied consent not be legally appropriate?
A nurse taking a blood pressure
Patient agrees to a test for HIV
A patient providing a urine specimen to check for a UTI
Patient agrees to a chest x-ray
15
If a plastic surgeon photographs patients, which should be included on the consent form?
the patient will be paid for the photographs
Photos will be kept for an undetermined amount of time
The patient cannot view the photographs
Authorization to use photos outside the facility
16
Which HIPAA standard requires that all providers secure a national provider number?
Standard 3
Standard 4
Standard 2
Standard 1
17
Damages awarded by the court to punish the defendant are called:
Nominal
Punitive
General compensatory
Special compensatory
18
The use of EHR to improve quality, engage patients, improve care and maintain privacy is known:
complex medical decision making
as meaningful coding
as meaningful use
disaster planning
19
Which HIPAA standard requires providers to use specific code sets?
Standard 5
Standard 3
Standard 1
Standard 4
20
The MA must follow all these guidelines except:
only adminster mediation under supervision of physician
secure prescription pads
check medication one times
documentation
21
Ethical Standards for Physicians are set by:
AMA
AMT
None of the above
AAMA
22
Who should a Dr first contact when faced with a malpractice lawsuit?
The insurance company
The patient
The patients lawyer
The lawyers
23
Medical records are:
always the property of the patient
never the property of the patient
not legal documents if kept electronically
legal documents
24
The law that protects healthcare workers who give aid at an accident is called:
Good Samaritan Law
Professional Courtesy Law
Good Deed Law
Emergency Exemption Law
25
What federal agency fights fraud, waste, and abuse in health programs?
Office of Attorney General
Department of Justice
Office of the Inspector General
Office of Civil Rights
26
A patient thinks her privacy rights have been violated by a local hospital. Under HIPAA, she:
fFle a written report with the local medical society
Must file a written complaint with the district attorney
File a complaint with Secretary of Health and Human services
May immediately file a lawsuit in small claims court
27
Practice of medicine is diagnosing and prescribing treatment or medicine
True
False
28
Rules that set national standards to protect an individuals' medical record.
Duty of Care Laws
HIPAA Laws
Patient Bill of Rights
Good Samaritan Law
29
Laws that help to protect healthcare professionals, from liability while giving emergencey care
good samaritan law
international law
practice of medicine
emergency law
30
Failure to act when the physician has a duty to do so
Misfeasance
Malpractice
Nonfeasance
Criminal Negligence
31
What/Who determines "Standard of Care"?
the federal government
The Employer
The MA
A healthcare workers state license or certification
32
A Dr who helps an accident victim at the scene can be held liable under which defense?
Denial
Assumption of risk
Emergency
Contributory negligence
33
Which doctrine says a lawsuit cannot move forward if a certain period of time has elapsed?
res judicata
Statue of limitations
Good samaritan statutes
release of tortfeasor
34
allows patients to deny life sustaining treatments?
living will
right to die law
informed constent
advanced directive
35
what is often the key factor in medical malpractice law suits?
defamation of character
breach of contract
negligence
bioethics
36
Which of the following does not fall under the responsibility of physicians as employers?
The practice's building and grounds
Building damage due to bad weather
Employees driving to and from the workplace
Automobiles used in the practice
37
In a physician's office, a sign in sheet is permissible use as long as:
you do not ask for the reason of the visit
the actual time of the appointment is not recorded
the receptionist immediately crosses off the name
the sign in sheet is a peel off label for each patient
38
Where are the Medicare and Medicaid sanctions and malpractice histories recorded?
The Office of Inspector general
Federal Register
National Provider Identifier
National Practitioner Data Bank
39
Which is the highest-rated action to prevent litigation after a patient is injured?
Listening to the patient
An explanation and apology
Financial compensation
Correction of the mistake
40
Which helps protect the healthcare professional from liability while providing emergency care?
Malpractice Insurance
Contract Law
Good Samaritan Laws
Statue of Limitation
41
4 D's of negligence
Do's, Don't, Damages, Demands
Damages, Demand,Duty,Defamation
Duty, Deriliction, Direct cause, Damages
Defamation, Deriliction, Damages, Destruction
42
If a physician terminates a contract with a pt, the following must be completed:
the MA Calls the patient
All of the above
Send a Certified Letter
Physician calls the patient
43
What is the term for the physician obligation based on trust and confidence?
Fiduciary duty
Consent
Good Samaritan obligations
Caring relationship
44
Which of the following people CAN give informed consent?
english speaking illegal immigrants
Minors
non-english speakers
Mentally incompetent
45
Which of the following statements is true about HIPAA standard 2?
All providers must have unique identifier number for claims
Protected Health Info covers only written records
Protected Health Info covers only electronic records
Protected Health Info is written, spoken, or electronic form
46
Under the Patient Protection and Affordable Care Act insurance are not required to
remove insurance barriers to emergency service
Phase out arbitrary withdrawal of insurance coverages
Cover children up to age 30 on their parents insurance
phase out annual and lifetime limits to coverage
47
Which of the four Cs of malpractice prevention most likely improves patients medical condition?
Charting
Communication
Caring
Control
48
Which does not help Dr's stay within their scope of practice and operate within the law?
Practicing within the scope of their training and education
Disposing of regulated substances in compliance with laws
Maintaining confidentiality
Documenting care accurately for a colleague
49
Murder,rape, robbery and practicing medcine without a license are examples of what?
Misdemeanor
assault
Felony
fraud
50
What should be done to correct an error in a written medical record?
Draw a line through the mistake, correct, date and initial
Draw a line through the error and enter the new information
Destroy the entry and start over
Get written consent from the patient to correct the error
51
A saying that relates to documentation
"The thing speaks for itself"
All of the above
"If it is not written, It did not happen"
"Let the Master Answer"
52
Lawful treatment that has been done in the wrong way
Malpractice
Misfeasance
Malfeasance
Criminal Negligence
53
Which the following would patient authorization for release of their medical records be waived?
When a patient dies
When a subpoena duces tecum is issued
For an insurance claim
When transferring to another physician
54
Who resolves a dispute if two parties are unable to reach an agreement after mediation?
The court
The judge
The mediator
The Jury
55
If it isn't in writing it wasn't done. Which of the 4 Cs of malpractice prevention is this?
Control
Competence
Communication
Charting
56
Which action negates the immunity provided by the Good Samaritan Act at an accident scene?
Providing care in good faith
Billing for services provided at the scene of the accident
Consulting with EMTs on site
Acting within the scope of training
57
MAs dont need signatures before performing a procedure
true
false
58
If the patient does not give consent you should perform the procedure anyway
True
False
59
medical ethics refers to the moral conduct of people in medical professions
false
true
60
A deposition may be taken in which phase of the lawsuit?
Trial
Pleadings
Summons
Interrogatories
61
What covers acts that cause harm to others?
Contract law
Tort Law
expressed contract
administrative law
62
HIPAA means:
Health Insurance Probability and Accountability Act
Health Insurance Portability and Accountability Act
Health Insurance Portability Act
Health Initiative and Accountability Act
63
Info about victims of abuse, neglect, or violence can be released under which HIPAA permission?
Limited data set
disclosures with opportunity to agree or object
public interest and benefits activities
incidental use
64
Release of tortfeasor is a(n):
Comparative negligence defense
Technical defense
Affirmative defense
Denial defense
65
Which describes the standard of care expected by health care professionals in a hospital?
Obligation to care
Minimum care as needed
Legal responsibility
An expected level of performance
66
The first federal law to specifically deal with the privacy of health care records was:
Computer Abuse Amendments Act
Patient Safety and Quality Improvement Act
Health Insurance Portability and Accountability Act
Electronic Communication Privacy Act
67
Which of the following is not a violation of patient confidentiality?
Radiology tech discusses with the patient results of x-rays
An office clerk calls a patient by name it the checkout desk
Dr's discussing a patient by name outside the exam room
A patient in in the waiting room is told his diagnosis
68
A medical assistant takes universal precautions while drawing blood for analysis.
This is an example of standard of care
This is an example of performance standard
This is an example of reasonable person standard
This is an example of duty of care
69
Which of the following is an example of privileged communication?
A nurse explains a procedure to a patient
An office clerk calls a patient by name at the checkout desk
Parents discuss treatment options for their child
A patient tells her Dr she uses illegal drugs
70
What's difference between electronic medical record (EMR) and an electronic health record (EHR)
EMR is a record of a single provider, EHR is comprehensive
EHR's are protected by HIPAA, and EMR's are not
EMR's are protected by HIPAA, EHR's are not
EHR is a record from a single provider, EMR is comprehensive
71
The failure to act when one should is called:
dereliction
nonfeasance
malfeasance
damages
72
What is an addendum to a medical record?
A second opinion from another physician
A physician's consent to change a medical record
A significant change or addition to a health record
A correction to a record-keeping mistake
73
A form used to release protected health information,required by federal and state privacy laws.
Informed Consent to Release
Privacy Regulations to Release
Authorization to Release
Implied Consent to Release
74
an advance directive includes living will and power of attorney
false
true
75
Which describes a medical assistant maintaining confidentiality while recording patient data?
Releasing information to the insurance company
Not conferring with other Dr's about the patient
Not allowing the patient to see the medical record
Not releasing data to unauthorized individuals
76
If the MA makes a mistake they should?
keep it to themselves
admit the mistake
Correct the mistake and tell no one
not document it
77
safety includes all but:
check billing procedures
maintain and document quality checks
check waste disposal
maintain a safe enviroment
78
Improper, illegal, or negligent professional activity or treatment,that results in injury is:
Breach of Contract
Invasion of Privacy
Malpractice
Negligence
79
The Dea has control over food in hospitals?
False
True
80
The common marking of the beginning of the statutory period for medical malpractice includes:
The day the lawsuit was filed
The day the patient is at full medical recovery
The day patient dies
The day the alleged negligent act was committed
81
The patient extends his arm and pushes up sleeve, This is an example of:
Refusal of consent
Expressed consent
Informed consent
Implied consent
82
a scandalous statement about someone that can injure their reputation
bioethics
standard of care
defamation of character
guardian ad litem
83
A breach under HIPAA is:
the transfer of records by email
similar to meaningful use
unauthorized acquisition, use or disclosure of personal info
unauthorized use of the medical record that is not disclosed
84
A provider breaches duty of care to a patient. This element of negligence is defined as:
Misafeasance
Malfeasance
Dereliction
Nonfeasance
85
What is the reason for most breaches of confidentiality?
Technical glitch
Lost or stolen computer device
Third party error
Employee mistake
86
What is NOT an example of Standard of Care?
taking a thorough medical history
performing a complete medical examination
administering the necesary labartory test and procedures
expose patient to undue risk
87
A permission is defined as:
A reason under HIPAA to delete a record
A request for records
A reason under HIPAA for disclosing patient information
A covered entity
88
Which describes the doctrine of professional discretion?
The patient can access copies of their medical records
The physician decides if patients can view medical records
It is up to the patients whether they can see the records
It is up to the insurance company who can see the records
89
A contract that is expressed verbally or in writing
Breach of contract
Contract law
Expressed Contract
Implied Contract
90
The cost of malpractice liability insurance is based upon which of the following?
The age of the Dr and where the practice is located
The Dr speciality and dollar amount covered by policy
Number of employees and incidences that will be covered
Government agencies regulating the purchase of insurance
91
The physician has the right to determine type of services the will provide and select pt's.
True
False
92
What is NOT an example of Patient Care Partnership:
protection of privacy
high quality hospital care
exclusion from involvement of care
clean and safe enviroment
93
The patient is instructed about the possible risk of both having and not having a procedure is:
A Confidentiality Statement
The right to know
A Tort Statement
A Informed consent
94
you do not have to document EVERY ACTION in a medical chart
true
false
95
Which of the following is a communication technique to prevent medical malpractice lawsuits?
Do not advise patients over the phone
Stand while talking to the patient
Do not assist on a consult if the patient is not doing well
Avoid statements that could be taken as admission of fault
96
When a person is required to have a physical for employment, the employer pays for the physical
Keep the records in the employee's personnel records
The records should be separate files from personnel records
the records should be reviewed and returned to the employee
The records should be reviewed and returned to the provider
97
Which of the following is a public health benefit with the use of HIT in the medical industry?
Prevention of medical errors
Less improvement in healthcare quality
Early detection of infectious outbreaks in the country
Reduction of healthcare costs
98
Which of the following information is not usually included in the doctrine of informed consent?
Reputation of the physician performing the procedure
Why the treatment is necessary
Proposed modes of treatment
Risks involved in the procedure
99
Which is one of the amendment to the Constitution that covers privacy issues?
Third
Sixth
Second
Eighth
100
Criminal, Civil. International and Military are the four classifications of ethics
False
True
101
A scandalous statement about someone that can injure the person's reputation.
Breach of Contract
Fraud
Defamation
Battery
102
A patent was hurt when her oxygen tank exploded. What type of damages might she be awarded?
Consequential
General compensatory
Punitive
Nominal
103
A Dr is sued for negligence, then for breach of contract. The second suit is dismissed under___
statute of limitations
res judicata
release of tortfeasor
res ipsa loquitur
104
The FDA has jurisdiction over testing and approving drugs for public use
True
Falsw
105
The patient's bill of rights include which of the following patient expectations?
all of the above
protection of privacy
high quality of care
clean/safe environment
106
A medical clinic does pre-employment physicals paid for by an employer, who owns the records?
The patient
The government
The medical clinic
The employer
107
What is the definition of liability?
Standard of care
Confidentiality
Practices applied to only on-the-job acts
Legal responsibility of adults for their own acts
108
Which is not a "best practice guideline" for maintaining confidentiality?
Discard faxed copies in the recycle bin
verify fax numbers before sending
Print confidential info to printers not in general use
A fax cover sheet that says confidential, to addressee only
109
Which is true regarding the standard of care expected from aDr. of obstetrics?
Held to the same standard of care as a general practitioner
Held to the same standard of care as other obstetricians
Held to a lower standard of care than a gynecologist
Held to the same standard of care as a gynecologist
110
A plea made for a case to be reviewed by a higher court occurs in which phase?
Pre-trial
Appeal
Trial
Mediation
111
Exceptions to the rights of minors include all but:
STDs
broken bones
pregnacy
birth control
112
AMA principles of Medical Ethics encompasses all except:
Honesty
Freedom of speech
Confidentialtiy
Human dignity
113
Standards of right and wrong are called the:
PHI Laws
"Patients Bill of Rights"
"Code of Ethics"
"Civil Liberties"
114
Which concept covers the fact that Dr's are obligated to treat all patients entering the ER?
Performance standard
Reasonable person care
Duty of care
Standard of care
115
"Speaks for itself"
Ipse Ralar
Respondent Superior
Re Ispi Loquitar
Res lpsa loquiter
116
What would be the best advice for a nurse caring for patients who complained about their Dr?
Listen carefully and see that the comments reach the Dr
Verbally agree with them
Tell the patient they are wrong
Steer the conversation to something else
117
physicians do nothave a responsiblity to the general public
False
true
118
When either party fails to comply with the terms of an agreement
Expressed contract
donuts
Breach of contract
Contract law
119
Which below requires personal privacy to be respected and records kept confidential?
AMA Principles of Medical Ethics
AAMA Creed
AMT Standards of Practice
Medical Practice Rights Acts
120
A contract that is implied from the behavior or action
implemented contract
Implied contract
Contract law
Express contract
121
Which of the following is not one of the 5 C's used to describe medical records?
Correct
Complete
Clear
Clean
122
A surgeon removes the wrong kidney from a patient. Which can the patient sue under?
res judicata
qui tam
caveat emptor
res ipsa loquitur
123
Includes the unlawful touching of another person without consent.
Love
Assault
Psychological abuse
Battery
124
The law that mandated EHR and provides the rules for patient access to their records is:
HIPAA
OSHA
DOJ
FDA
125
Which of the following aspects is most vital in the issue of informed consent?
Patient education
Age of patient
Patient maturity
Patient compliance
126
What does a HIPAA state preemption mean?
State laws take precedence if stricter than HIPAA laws
Patients must file with HIPAA before a physicians visit
HIPAA laws always take precedence over state laws
States choose whether or not to adopt HIPAA laws
127
Which of the following is not one of the top recurring reasons patients sue?
Wrong diagnosis
Medication errors
Correction of the mistake
Birth injuries
128
Term for: a scandalous statement that could injure a person's reputation
Defamation of Character
Slander
Expressed Contract
Libel
129
Which is not a form of affirmative defense to a professional liability suit?
Denial
Contributory negligence
Comparative negligence
Emergency
130
DR warns nursing home residents of an outbreak of a disease and takes measures to protect them
This is an example of performance standard
This is an example of standard of care
This is an example of reasonable person care
This is an example of duty of care
131
The defense claims that the patients action's caused or contributed to the injury
This is called positive defense
This is called technical defense
This is called assumption of risj defense
This is called contributory negligence defense
132
Insurance policy that covers incidents before the beginning of new insurance relationship
Prior acts coverage
Claims made coverage
Occurrence coverage
Liability coverage
133
When a CMA observes signs that arouse suspicion of child abuse or neglect, what is next
Notify police
advise the physician privately of your suspicions
Notify the health department
Wait for further confirmation
134
Which of the following should not be included in a patient's medical record?
Change in weight
Change in marital status
notes regarding a patient's reaction to a new prescription
Notes regarding patients participation in a rally
135
Health policies concerning the patient's constitutional right to privacy is
Patient's Bill of Rights
Technical Guidelines
Disclosure Laws
Statue of Limitations
136
law that governs how people relate to each other and the government
administrative law
informed consent
living will
civil law
137
Traffic violations, disturbing the peace and theft are example of what?
felony
misdemeanors
negligence
nonfeasance
138
What is the key concept of HIPAA?
Confidentiality and Privacy
Patient account receivables
Professionalism
Insurance Verification
139
Latin term meaning let the master answer
Respondent Superior
Res Ipsa Loquiter
Guardian ad litem
Veracity
140
Which case first declared that a constitutional right to privacy was implied?
Griswold v. Connecticut
Board of Education v Earls
Roe v. Wade
Eisenstadt v. Baird
141
The period of time in which a patient may file a law suit is:
malpractice insurance
malfeasance
statue of limitations
punitive damages
142
Failure to give patients appropriate care is called
Unreasonable care
Defamation
Negligence
Battery
143
Unlawful or improper treatment of the patient
Malfeasance
Malpractice
Criminal Negligence
Misfeasance
144
Carelessness or negligence of a professional person
Malfeasance
Nonfeasance
Misfeasance
Malpractice

Medical Law and Ethics Study Guide Quiz + Medical Law and Ethics + Duplicate of Medical law and ethics chapters 5-6 + Medical Ethics Chapter 7-8 Flashcards | StudBud