Final Review

Question 1

encompasses all of the legal principles governing the activities and procedures of federal, state and local governmental agencies, boards, commissions, and other similar entities

Answer 1

Administrative Law

Question 2

replaced by an attitude of trust in the ability and integrity of government to protect the public from unethical and incompetent businesspersons

Answer 2

Doctrine of laissez faire

Question 3

provides a statutory framework for most decision making by federal administrative agencies

Answer 3

The Administrative Procedure Act

Question 4

contains a # of exceptions authorizing release of personal info about individuals to federal agencies

Answer 4

The Privacy Act

Question 5

consisting of statues, case law, and administrative regulations and rulings, has as its primary purpose the promotion of competition among private sector businesses that benefits the general public (fair competition)

Answer 5

Antitrust Law

Question 6

prohibits business agreements or arrangements that unreasonably interfere with interstate commerce and prohibits the willful acquisition or maintenance of monopoly power in a given market or the attempt to achieve such control

Answer 6

The Sherman Act

Question 7

prohibits specific anticompetitive business practices, including unjustified price discrimination by sellers and unreasonable mergers and acquisitions, among other practices

Answer 7

The Clayton Act

Question 8

created by Federal Trade Commission along w/ Department of Justice, administers federal antitrust law

Answer 8

The Federal Trade Commission Act

Question 9

permissible and impermissible physician self-referral for ancillary services; prevents referrals if physician has financial relationship to that referall

Answer 9

Stark I & II

Question 10

“let the buyer beware”

Answer 10

caveat emptor

Question 11

advertisements that compare the relative quality of services offered among competitors

Answer 11

comparative competitor claims

Question 12

wrongs committed against the legitimate proprietary business interests of individuals, partnerships, or corporations

Answer 12

Business torts

Question 13

involves the wrongful communication of false info about a businessperson or entity that causes injury to the victim’s business reputation or interests

Answer 13

Business disparagement

Question 14

forms the foundation for all commercial transactions, including purchases of goods and services (including patient care services) and employment relationships

Answer 14

Contract Law

Question 15

the mutual agreement of parties to a bilateral contract to be bound to performance

Answer 15

Mutuality of assent

Question 16

the inducement that causes a party to a contract to allow himself or herself to become legally bound to perform under the agreement

Answer 16

Consideration

Question 17

to validate a contract made by a minor, the minor normally must continue to perform under a contract after the minor achieves the age of majority

Answer 17

Ratification

Question 18

there is no agreement of assent to be bound by the other party; “analogous to a contract”

Answer 18

Quasi Contract

Question 19

courts asked to interpret written contracts will only interpret the understandings memorialized by the parties to the agreement in writing

Answer 19

Four-corners Doctrine

Question 20

exists to protect the integrity of written contractual agreements and, in part, to give legal effect to the clear meaning of the parties as stated in their written agreement

Answer 20

Parol evidence rule

Question 21

restates that there are no contractual understandings or obligations that are not included in the written agreement

Answer 21

Integration clause

Question 22

provides sufficient monetary recovery only to restore the aggrieved party to the status quo ante, or the position he or she occupied before beginning performance under the contract; only for labor and materials expended

Answer 22

Restitution damages

Question 23

operate not only to restore a contract plaintiff to the status quo ante but also to give the aggrieved party reasonable monetary damages to compensate for the breach

Answer 23

Reliance damages

Question 24

full “benefit of the contractual bargain” as contemplated by the parties when they formed the contract; incidental damages and consequential damages included

Answer 24

Expectancy damages

Question 25

preagreed default damages specified in a contract

Answer 25

Liquidated damages

Question 26

Who must comply with HIPAA?

Answer 26

health care systems plans providers clearinghouses

Question 27

insurance that covers insured persons and businesses against losses from claims and litigation brought by parties against policyholders for monetary damages incident to personal injury or property damage for which the policyholder are legally responsible to pay

Answer 27

General Liability Insurance

Question 28

a health care professional is indemnified for covered adverse incidents that occurred while the professional was insured by the insurer, irrespective of when a claim is filed

Answer 28

Occurrence coverage

Question 29

claims brought against insurers for covered adverse incidents must be made while the health care professional is still insured by the insurer in order to be payable under the policy

Answer 29

Claims-made liability

Question 30

to ensure that residents of nursing homes receive quality care that will result in their achieving or maintaining their "highest practicable" physical, mental, and psychosocial well-being.

Answer 30

Nursing Home Reform Act

Question 31

prohibits the use of physical restraints on long-term care residents, except as adjuncts to treatment for specific medical conditions; creates a set of national minimum set of standards of care and rights for people living in certified nursing facilities

Answer 31

Omnibus Budget Reconciliation Act

Question 32

requires health care facilities to report incidents involving serious patient injury, illness, or death resulting from defective medical equipment

Answer 32

Safe Medical Devices Act

Question 33

designed to strengthen federal regulation of public companies; increase corporate responsibility by making corporate executives and corporate legal counsel personally responsible for accurate public reporting of financial information about their business

Answer 33

Sarbanes-Oxley Act

Question 34

form of negotiated bribery in which a commission is paid to the bribe-taker as a quid pro quo for services rendered

Answer 34

kickbacks

Question 35

any delivery and reimbursement system that attempts to control the clients served, the range of benefits and services offered, and costs; capitation

Answer 35

managed care

Question 36

relieves managed-care organization from having to provide fringe employee benefits as well as from having to meet requirements governing the employer-employee relationship

Answer 36

Contracted-service arrangement/model

Question 37

failure to provide for a child's basic needs (physical, educational, emotional)

Answer 37

child neglect

Question 38

refusal of or delay in seeking health care, abandonment, expulsion from the home or refusal to allow a runaway to return home, and inadequate supervision

Answer 38

Physical neglect

Question 39

the allowance of chronic truancy, failure to enroll a child of mandatory school age, and failure to attend to a special education need

Answer 39

Educational neglect

Question 40

such actions as marked inattention to the child's needs for affection, refusal of or failure to provide needed psychological care, spousal abuse in the child's presence, and permission of drug or alcohol use by the child

Answer 40

Emotional neglect

Question 41

public official who acts as an impartial intermediary between the public and gov. or bureaucracy, or an employee of an organization who mediates disputes b/w employees and management

Answer 41

Ombudsperson