Exam 4 Flashcards

1
Q

As the Compliance Officer in your organization, the first step you should take when you discover evidence of a violation of the law is to:

A

Inform & consult with the organization’s legal counsel exists; if not, inform the highest executive available or known

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2
Q

Realtors or “whistle-blowers” who sue under the False Claims Act’s Qui-Tam provision can recieve up to what percentage of any amount recovered from the successful prosecution of the case

A

30%

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3
Q

A physician may, without breaking any laws, recieve money from a manufacturer of medical devices as an inducement to use that manufacturer’s medical device if that medical device is paid for by Medicare and the physician perscribes that device to his patients

A

false

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4
Q

A payment to a doctor by a medical device manufacturer for using a device made by that manufacturer in a procedure on a patient where the patient paid for the device & the procedure with his own money would be a violation of the Federal Anti-kickback statute

A

false

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5
Q

A physician may, without breaking any laws, refer a medicare patient to a home health agency that is owned by his wife who Bill’s Medicare for those home services & not be in violation of the Physician Self-Refereal Law

A

false

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6
Q

According to the OIG’s recommendations & the Federal Sentencing Guidelines, if an organization has a person designated to serve as the focal point for or is in charge of compliance activities, that will satisfy one element in establishing an adequate compliance program

A

true

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7
Q

An orthopedic physician, Dr. Hyde, who accepts Medicare payments for treatment for Mrs. Smith may, without breaking any laws, refer Mrs. Smith to an internal imaging clinic which Dr. Hyde owns if that internal imaging clinic bills Medicare for services provided to Mrs. Smith based on the referral by Dr. Hyde

A

false

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8
Q

Education of employees of a health care organization, which bills Medicare, on the requirements of ethical & legal issues regarding Medicare participation is not an essential part of the compliance program

A

false

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9
Q

The OIG recommends organizations have an individual who has access to the governing body in order to provide information to the governing body about compliance issues

A

true

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10
Q

The Federal Anti-Kickback Statute applies to those people who pay for referrals, as well as those people who receive the kickback for the referral, if any money relating to the subject of the kickback comes from Medicare or other Federal healthcare payment programs

A

true

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11
Q

There are no criminal penalties for violation of the Federal Anti-kickback statute

A

false

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12
Q

Written policies & procedures are not necessary for a small organization’s compliance program; they are only necessary for large healthcare organizations, such as hospitals & large group practices

A

false

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13
Q

Which of the following Federal Acts, which we have studied in this class, prohibits the submission of false or fraudulent claims for payment to the U.S. Government

A

false claims act

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14
Q

What does the Federal Ant-kickback Statute prohibit:

A

Offering, or receiving, anything of value to induce, or reward, referrals of Federal Healthcare program business

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15
Q

How many “essential elements” are there in an OIG’s recommended compliance program:

A

7

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16
Q

Relative to what we have studied in this class, what does PHI stand for?

A

Protected Health Information

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17
Q

There are two parts (or rules) to HIPAA. What are they?

A

privacy and security

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18
Q

In reference to the False Claims Act, a “realtor” is:

A

The person who is the plaintiff in a law suit via the qui-tam provisions of the False Claims Act

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19
Q

Regular audits of a billing department, or processes, in a doctor’s office are not required as part of a viable compliance program

A

false

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20
Q

Which of the first 10 amendments to the U.S. Constitution, that we reviewed in class covering criminal procedure, prohibits the government from convicting a person two times for the same offense?

A

5th amendment

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21
Q

Which of the first 10 amendments to the U.S. Constitution, that we reviewed in class covering criminal procedure, provides a criminal defendant the right to have the assistance of a defense lawyer when the government is prosecuting that defendant for a criminal offense?

A

6th amendment

22
Q

Which of the first 10 amendments to the U.S. Constitution, that we reviewed in class covering criminal procedure, prohibits the government from making a person testify or give information to law enforcement to help law enforcement prosecute that person for a crime?

A

5th amendment

23
Q

A Grand Jury determines the guilt, or innocence, of a person

A

false

24
Q

The witnesses’s testimony & evidence presented to a Grand Jury may be given to a news reporter by a member of the Grand Jury

A

false

25
Q

A crime must be defined by:

A

a statute

26
Q

A man may be guilty of which of the following crimes if, from behind, he approaches a woman on the street, violently grabs her purse without touching her body & without her seeing him until he has her purse as he is running away:

A

robbery

27
Q

A woman breaks the window of another person’s home, at night, while the owner is in bed asleep. The woman crawls into the house, turns on a flashlight & begins looking around the house and shines the light on the sleeping owner, who becomes fully awake, after hearing the breaking glass & seeing the light in his eyes…The woman could be guilty of which of the following crime/s?

A

burglary and robbery

28
Q

A woman breaks the window of another person’s home, at night, while the owner is in bed asleep. The woman crawls into the house, turns on a flashlight & begins looking around the house and shines the light on the sleeping owner, who becomes fully awake, after hearing the breaking glass & seeing the light in his eyes…The woman could be successfully defend a charge of theft because she intended to return the property.

A

false

29
Q

A woman enters the dwelling of her boyfriend with his permission, then a little later, the boyfriend directs her to leave. Immediately after he tells her to leave the dwelling, she slaps his face. Which of the following crimes may she be guilty of?

A

burglary

30
Q

In Florida, a serious crime generally punishable by one, or more, years of imprisonment in a state penitentiary is knows as:

A

felony

31
Q

In a criminal trial, a jury must find beyond a reasonable doubt that the defendant committed each element of the crime, as charged by the state

A

true

32
Q

The burden of proof in a criminal case is which of the following:

A

Beyond a reasonable doubt

33
Q

The three categories of security safeguards in the HIPAA laws are:

A

Administrative, Physical and Technical

34
Q

One purpose of the Florida criminal statutes is to define clearly the material elements constituting an offense & the accompanying state of mind or criminal intent required for that offense

A

true

35
Q

As discussed in the lecture, which of the following Federal Legislative Acts prohibits, in part a ‘quid pro quo’ relationship when Federal healthcare dollars are at risk?

A

Anti-Kickback Statute

36
Q

Who is covered by the HIPAA law?

A

A covered entity

37
Q

A doctor who is retired, does not have an active practice & no staff, is not required to comply with HIPAA regarding the provision of medical services to a neighbor, where he never makes a record or even talks about the procedure to anyone, in exchange for a cake & a bottle of Woodford Reserve Double Oaked 12 year old Bourbon

A

true

38
Q

Warrant

A

permission from a judicial officer to do something that would otherwise be illegal

39
Q

What is probable cause

A

“more likely than”
articulated suspicion

40
Q

offense is defined by…

A

statute

41
Q

Grand jury

A

A pre-trial jury that decides if the prosecution evidence is sufficiently strong to bring an accused to trial for the specified crime

42
Q

indictment

A

A written accusation of one or more persons of a crime or misdemeanor, present to, and preferred upon oath or affirmation, by a grand jury legally convoked

43
Q

Jail is for…

A

misdemeanors

44
Q

Prison is for…

A

felonies

45
Q

Ex rel=

A

qui tam (on behalf of)

46
Q

Actus Reus=

A

quid pro quo (referral)

47
Q

As discussed by Prof. Parker, during the lecture on the material for one of the two modules subject to this exam, which of the following organizations offers certification which may enhance your employment chances.

A

Health Care Compliance Association

48
Q

As discussed in the lecture, what is the difference between a felony and a misdemeanor regarding the length of incarceration?

A

one day

49
Q

Is it unconstitutional for the same act to be punishable under two different criminal statutes from two different jurisdictions?

A

false

50
Q

The False Claims Act provides for criminal penalties.

A

false

51
Q

As discussed in the lecture, which of the following was the basis for the OIG establishing the elements of an effective compliance program?

A

Federal Sentencing Commission