Chapter 53 - Healthcare Law Flashcards

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1
Q

This type of law defines something that must be done

A

Prescriptive law

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2
Q

This type of law defines something that might not be done

A

Proscriptive law

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3
Q

The rules that have the effect of law are compiled in a set of documents known as the…

A

Code of Federal Regulations

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4
Q

What are 5 top regulatory agencies that are divisions within the US Department of Health and Human Services?

A
  • CDC
  • FDA
  • National Institutes of Health (NIH)
  • Agency for Health Research and Quality (AHRQ)
  • Centers for Medicare &Medicaid Services (CMS)
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5
Q

Which regulatory agency enacted a regulation that delineates specific rules regarding the use of restraints and seclusion.

A

The centers for Medicare and Medicaid services (CMS)

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6
Q

What type of laws have been enacted by a legislative body?

A

Statutory laws

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7
Q

A rule established by a government body such as a legislature, agency, or judiciary; or a law or rule that defines the expected behavior of persons in the business of healthcare or in healthcare relationships are types of _____ attributes

A

Major attributes

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8
Q

With this type of attribute, the law or rule may have a financial or other incentive attached to encourage compliance

A

Minor attribute

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9
Q

The case of _____ vs. _____ clarifies the law of living wills

A

Cruzan vs Missouri

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10
Q

_____ law is the area of law under which cases of negligence, including malpractice cases, are argued

A

Tort

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11
Q

Which states have the physician assisted suicide legislation?

A
  • Oregon
  • Washington
  • Montana
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12
Q

What is the legal term that defines the liability standard as established by the profession?

A

Standard of care

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13
Q

What is the term used when an employer can be liable for the acts of its employee if the employee is acting as an agent of the employer and the actions that resulted in injury occurred within the scope of employment?

A

Vicarious liability

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14
Q

During this process an interested party creates a proposition and then collect signatures to have the proposition appear on a ballot; the population as a whole, not just elected representatives, then have the opportunity to vote on the proposition and decide if they want to enact the proposed law

A

Initiative process

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