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JURISPRUDENCE > FINAL Added Info > Flashcards

FINAL Added Info Flashcards

1
Q

A legal entity that requires no state filing to create it

A

Sole proprietorship

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2
Q

Simply one person operating a business for profit

A

Sole proprietorship

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3
Q

Person has unlimited personal liability for the business

Can have employees

A

Sole proprietorship

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4
Q

Simplest and most basic business structure and appeals to a person who wants to be independent and free from the laws that govern other legal entities

A

Individual ownership - sole proprietorship

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5
Q

Two or more people who combine their work, money, and talents to achieve a common goal

A

Partnership

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6
Q

Many states require a document or registration that serves as notice to the public that the partnership members are doing business together

A

Partnership

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7
Q

All partners are bound by

A

Acts of others

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8
Q

Legal entitiy, created by one or more individuals or other legal entities, to further a common goal and to create ground rules for matters such as ownership, profit distribution, liability, taxes, and control

A

LLC - limited liability company

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9
Q

Individuals who have an interest in an LLC are usually referred to as

A

Members

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10
Q

Most states have laws that govern LLC. T/f

A

True

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11
Q

Protection from being held personally reliable

A

LLC

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12
Q

Physicians, lawyers, architects, and accountants

A

Professional limited liability company - PLLC

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13
Q

Limits of liability may only be applied to certain aspects of the business, such as creditors

A

PLLC

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14
Q

One of the most desirable features of a corporation is the protection given to

A

Investors

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15
Q

Only the capital of the corporation is available for

A

The payment of debts

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16
Q

Management responsibility is in th ehands of the corporation’s

A

Board of directors

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17
Q

Directors answer to

A

Stockholders, who elect and can terminate them

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18
Q

Officers of a corporation include

A 
President
Vice president
Treasurer
Secretary
Any other officers in board of directors appoints
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19
Q

Profits of a corporation are distributed to stockhoolders as

A

Dividends

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20
Q

persons holding formal positions of trust in an organization, especially those involved in high levels of management

A

Officers

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21
Q

Those elected and terminated by stockholders to manage a corporation

A

Directors

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22
Q

Those who hold an interest (stock) in a corporation

A

Stockholders

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23
Q

Units of stock giving the possessor part ownership in a corporation investment expenditure of resources (money, effort, etc) to secure income or profit

A

Shares

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24
Q

Regulations adopted by a corporation or association to govern its internal affairs dividends distributed profits of a corporation

A

Bylaws

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25
Q

Managed care contracts with

A

Doctors
Hospitals
Clinics
Other health care providers to create provider networks

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26
Q

An in-network physician or health care facility is part of a MCO’s network if there is a preexisting agreement between the MCO and the

A

Health care provider

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27
Q

The agreement dictates the protocols for patient care and the compensation system

A

Managed care organizations

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28
Q

A physician or health care facility that does not have an agreement with the MCO

A

An out-of-network provider

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29
Q

To discourage the use of out-of-network providers, a patients reimbursement for services provided is not compensated at the same level as

A

An in-network provider

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30
Q

Managed care focuses on varous aspects of health care and can include characteristics such as

A

Networks of health care providers or facilities
Who have agreed to predetermined protocols and compensation
PCPs
Coordiante all patient’s health care
Preauthorizaiton for specific tx
Limited reimbursement for out-of-network providers
Claim filing assigned to the provider rather than the patient
And tiered coverage of prescription drugs

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31
Q

Employment law

A

Interviewing
Pre-employment testing
Civil rights act of 1964q

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32
Q

Employers are not allowed to ask interview questions involving

A

Race
Religion
Age
Whether a woman is pregnant

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33
Q

Employers are allowed to test potential employees as part of the hiring process but such tests must be carefully constructed usually by experts to ensure

A

That they only measure the skills and abilities necessary to do the job

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34
Q

The opportunity to do so cannot be denied employees on the basis of race, color, religion, sex, or national origin

A

Civil rights act of 1964

35
Q

Unwanted sexual attention from anyone the victim may interact with on the job in which the victim’s response may be restrained by fear of reprisals

A

Sexual harassment

36
Q

Harassment occurs against

A

The victim’s wishes

37
Q

Sexual harassments can include

A 
Peers
Subordinates
Supervisors
Customers
Clients
38
Q

Sexual harassment range of behavior

A 
Verbal comments
Subtle pressure for sexual activity
Leering
Pinching
Patting
Other forms of unwanted touching as well as rape and attempted rape
39
Q

Requires employers of 50 or more people to provide up to 12 weeks of unpaid leave each year for the serious health condition of an employee or member of the employee’s immediate family or for the birth or adoption of a child

A

Family and medical leave act of 1993 (FMLA)

40
Q

FMLA covers

A

All public employers
Private employers who have 50 or more employees on the payroll during each of 20 or more calendar workweeks in either the current or preceding calendar year
Employees who have been employed for at least 12 months and who have worked at least 1250 hours in the 12 months preceding commencement of the FMLA leave

41
Q

A physical or mental impairment that substantially limits one or more of hte major life activities of an individual or a record of such impairment or being regarded as having such an impairment

A

Disability

42
Q

Prohibits employment discrimination and places the burden on an employer to prove that the requirements of a specific job could not be changed to accomodate a disabled applicant

A

Title 1 of americans with disabilities act

43
Q

Guarantee the disabled access to teh workplace. Professional offices of health care providers are in the public sector and as such require an employer to make reasonable modificaitons for hte disabled to gain access

A

Titles 2 and 3 of americans with disabilities act

44
Q

Conditions that are not impairments - americans with disabilites act

A

Pregnancy
Physical characteristics like hair or eye color
Common personality traits
Nomal deviations in height or weight

45
Q

In defining undue hardship, the ADA requires consideration of

A

The nature and cost of accommodation needed
The overall finances of the facility
The overall resources of the covered entity
The type of operation or operations of the covered entity

46
Q

Provides that workers over the age of 40 cannot arbitrarily be discriminated against because of age in any employment decisions

A

Federal age discrimination in employment act

47
Q

Federal minimum wage, mandates extra pay for overtime work, regulates employment of children and is administered by the department of labor

A

Fair labor standards act (FLSA)

48
Q

Guaranteeing renewal and transferability of health insurance coverage to those who already have coverage adn to their dependents

A

HIPAA

Health insurance portability and accountability act of 1996

49
Q

HIPAA nondiscrimination provision generally prohibits group health plans and group health insurance issuers from

A

Discriminating against participants or beneficiaries based on any health factor

50
Q

Written standard office procedures help maintain

A

High standards of patient care
Protect against omission of important steps
Ensure compliance with government adn third party regulations
Decrease the possibility of a malpractice aciton

51
Q

Aid in achieving the risk managment goals for the office as well as maintaining quality assurance

A

Procedures manual

52
Q

Usually provides personnel policies and related instructions. It includes information about work hours, sick leave, pension benefits, evaluation procedures, and so on

A

Employee handbook

53
Q

Voluntary agreement between two or more parites that establishes a legally enforeable obligation
Oral
Written

A

Contract

54
Q

Parties enter into a contractual relationship by mutual agreement, also referred to as assent or meeting of the minds

A

Contract

55
Q

A clear, definitive agreement between two or more parties

A

Express contract

56
Q

An actual agreement between the parties, the terms of which are openly stated in distinct and explicit language either orally or in writing

A

Express contract

57
Q

An agreement not indicated by direct words but evident from the conduct of the parties

A

Implied contract

58
Q

Gives rise to contractual obligations by some action or inaction without specifically stating the terms orally or in writing

A

Implied contract

59
Q

Foundation of medical practice

A

Patient-physician relationship

60
Q

Elements of a contract

A

Offer
Acceptance
Consideration

61
Q

A proposal to perform or refrain from a certain action

A

Offer

62
Q

An agreement to the terms of an offer

A

Acceptance

63
Q

Something promised that results in making an agreement a lawful, enforceable contract

A

Consideration

64
Q

By entering into a relationship with a health care provider, the patient makes the offer of

A

His or her person for treatment

65
Q

By opening office doors or scheduling a patient’s appointment the health care facility

A

Accepts patient’s offer

66
Q

In a patient-physician contract, the patient promises to pay a fee for the medical care received ant eh physician promises to provide

A

The agreed—upon treatment

Consideration

67
Q

To form a contract, there must be

A

A clear understanding between parties, known as mutual agreement, assent or meeting of the minds

68
Q

Legal duties and obligations exist once a patient-physician relationship exists so it is important to understand when the relationship begins and ends

A

Mutual agreement

69
Q

St. John v Pope

A

Mutual agreement

70
Q

Wax v Johnson

A

Mutual agreement

71
Q

Lack of legal capacity for mutual agreement

A

Legal disability

72
Q

Persons who are under the age of majority as set forth by state law

A

Minors

73
Q

In most states the age of majority is

A

18 years but a few are 19 and 21

74
Q

Those who lack necessary qualifications to perform a duty

A

Incompetent persons

75
Q

Being influenced by threat to do something one would not ordinarily do

A

Duress

76
Q

A physicians terminations of a patient should be with a written notice sent by certified mail, return receipt requested, and filed in patient’s chart and it should explain the patient’s medical problems

A

Termination of contracts

77
Q

One the parties does not keep a promise - by not performing not paying for services not keeping to scheudle, or not doing the procedure as had been agreed

A

Breach of contract

78
Q

Occurs when one party prevents the other party from performing

A

Breach of contract

79
Q

Patient does not pay bill

When physicial makes a warranty that the physician will cure the patient but fails to do so

A

Examples of breach

80
Q

An agreed-upon addition signed by all parties to the original contract

A

Amendment

81
Q

Details specific terms, clauses, sections and definitions to be changed in the original contract but otherwise leaves it in full force adn effect

A

Changes to written contract

82
Q

The goal when writing a contract amendment is to only change

A

The parts that all parties want to change while not creating any loopholes or unintended consequences in the agreement as it stands in writing

83
Q

Including an additional document in the already existing one

A

Addendum

JURISPRUDENCE (3 decks)

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