HEALTHCARE LAW AND REGULATION

Question 1

more respondant to public opinions?

Answer 1

house of representatives

Question 2

function of legislative branch?

Answer 2

passes statutes
declares war
House of Representatives

Question 3

asked how long are judicial terms for federal judges?

Answer 3

life long for judicial branch

Question 4

appellate jurisdiction decides matters of ____?

Answer 4

law

Question 5

original jurisdiction decides matters of _____?

Answer 5

fact

Question 6

checks and balances?

this branch determines if constitutional?

Answer 6

judicial branch

Question 7

checks and balances?

confirms members and overrides veto?

Answer 7

legislative branch

Question 8

checks and balances?

appoints members and can veto?

Answer 8

executive branch

Question 9

name the functions of the ACA?

Answer 9

must cover pre-existing conditions

dependent coverage until age 26

preventive services coverage

prohibitions against coverage caps

guaranteed issue and renewal

limits to rate increases

Question 10

what society gets from tax exempt hospitals?

i.e.-in exchange for foregoing tax revenue from non profit hospital, what does society get in return?

Answer 10

community benefits, immunization research bureau

Question 11

a part of net earnings going to a private shareholder is considered?

Answer 11

private inurement, tax exempt/503(c)(3) organizations

Question 12

inurement equals?

Answer 12

benefit

Question 13

this is found in the APMA code of ethics and arises when there is a divergence between an individuals private interests and his/her professional obligation?

Answer 13

conflict of interest (COI)

Question 14

3 docs join a practice together and all contribute to same cause is an example of?

Answer 14

joint liability, you can just sue one person

Question 15

3 docs join practice and all split rent, one doc doesn’t pay his share, and the other 2 aren’t responsible for it. This is an example of?

Answer 15

several liability

• a liability owed by two or more people
• each party is liable only for their share

Question 16

what 3 parts make up a contract?

Answer 16

offer
acceptance
consideration

Question 17

a breach of contract occurs when?

Answer 17

there is a violation of one or more of the terms of the contract

Question 18

when the departure from the standard of care is so egregious that its not in doubt; the act speaks for itself

Answer 18

Res Ipsa Loquitur

Question 19

employer placing blame of employee is an example of?

Answer 19

respondeat superior

• let the master answer
• hospitals can be negligent as well, ie.
• -negligent credentialing
• -failure to monitor quality of care
• -negligent care provided by an employee

Question 20

explain the importance of timely and accurate charting with respect to medical malpractice?

Answer 20

medical necessity
facilitate billing
recollect memory
defend and justify tx

Question 21

which is not an example of permitted disclosure?

Answer 21

know what a required disclosure is:
to individuals specifically when they request access to or an accounting of disclosures of, their protected health information

to HHS when it is undertaking a complicance investigation or review or enforcement action

Question 22

difference between formal and informal request?

Answer 22

informal is permitted, formal is required

Question 23

what is this concept?

must make reasonable efforts to limit PHI to the minimum amount necessary to accomplish the intended purpose

Answer 23

minimum necessary

Question 24

list 2 rights patients have, can list any 2?

Answer 24

right to request
right to receive confidential communication
right to inspect and copy PHI
right to amend PHI
right to receive accounting of disclosures
right to receive a paper copy of the NPP

Question 25

an instrument whereby one person appoints another as her agent and confers authority to perform certain specifiied acts on their behalf, what is tis?

valid until death or revocation

Answer 25

power of attorney

Question 26

in a research study and I get a benefit from using this drug/product?

Answer 26

transparency

Question 27

scope of practice in ohio?

Answer 27

limits set in state

Question 28

limit time period that someone can make a legal claim?

Answer 28

statute of limitations