Chp4 Criminal Aspects Of Health Care

Question 1

criminal law ( penal law )

Answer 1

is the body of statutory and common law that deals with crime and the legal punishment of criminal offense

Question 2

crime

Answer 2

is any social harm defined and made punishable by law

Question 3

misdemeanor

Answer 3

is an offense generally punishable by less than one year in jail and /or a fine

Question 4

felony

Answer 4

is a much more serious than a misdemeanor ( murder, rape etc) and is punishable by imprisonment in a state or federal penitentiary for more than one year.

Question 5

the objective of criminal law

Answer 5

to maintain public order and safety, to protect the individual, to use punishment as a deterrent to crime, and to rehabilitate the criminal for return to society

Question 6

arraignment

Answer 6

is a formal reading of the accusatory instrument ( a generic term that describes a variety of documents, each of which accuses a defendant of an offense ) and includes the setting of bail.

Question 7

conference

Answer 7

if the defendant does not plead guilty, both felony and misdemeanor cases are taken to conference, and plea bargaining commences with the goal of an agreed-upon disposition

Question 8

false claims

Answer 8

The False Claims Act of 1986 prohibits: knowingly presenting, or causing to be presented, to the government a false claim for payment: knowingly making, using, or causing to be made or used a false record or statement to get a false claim paid or approved by government; conspiring to defraud the government by getting a false claim allowed or paid; and knowingly making, using or causing to be made or used a false record to avoid or decrease an obligation to pay or transmit property to the government

Question 9

Kickbacks – The Medicare and Medicaid Patient Protection Act of 1987 ( the “ Anti-Kickback Statute”)

Answer 9

the statute penalizes anyone who knowingly and willfully solicits, receives, offers , or pays anything of value as an inducement in return for: referring an individual to a person for the furnishing or arranging for the furnishing of any item or service payable under the Medicare or Medicaid programs: and purchasing, leasing, or ordering or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item payable under the Medicare or Medicaid programsHappy New Year, hope you enjoyed your christmas, wish you a prosperous new year filled with happiness

Question 10

criminal law represents

Answer 10

society’s expression of the limits of acceptable human behavior

Question 11

criminal law system

Answer 11

of regulating the behavior of individuals and groups in relation to societal norms at large

Question 12

civil law aimed

Answer 12

primarily at the relationship between private and individuals and their rights and obligations under the law

Question 13

objective of criminal law

Answer 13

are to maintain public order and safety, to protect the individual, to use punishment as a deterrent to crime, and to rehabilitate the criminal for return to society

Question 14

elements of the offense

Answer 14

1. the act itself ( the actus reus or guilty act)
2. the requisite mental state ( the mens rea or guilty mind)
3. the attendant circumstances

Question 15

corporate integrity agreement

Answer 15

provider adopt specific measure to better ensure its integrity because the Office of Inspector General (OIG) has allowed continued participation after provider violates the False Claims Act

Question 16

conspiracy statute and crime against the United States

Answer 16

to conspire to defraud the US means primarily to cheat the government out of property or money, to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least means that are dishonest

Question 17

patient abuse

Answer 17

is the mistreatment or neglect of individuals who are under the care of a health care organization
- abuse ( physical, psychological, medical, and financial)

Question 18

Omnibus Budget Reconciliation Act 1989, resident rights

Answer 18

“resident has the right to be free from verbal, sexual, physical, or mental abuse, corporal punishment, and involuntary seclusion”

Question 19

Criminal negligence

Answer 19

is the reckless disregard for the safety of others.