Intro to Law

Question 1

What are the 3 Primary Sources of Law

Answer 1

• Case Law
• Statutory Law
• Administrative Law

Question 2

Describe Case Law and give example

Answer 2

• based off of court decisions that set precedent
• also known as common law
• ex: Roe vs. Wade

Question 3

Describe Statutory Law and give example

Answer 3

• enacted by state or federal legislature

- ex: ACA

Question 4

Describe Administrative Law and give example

Answer 4

• statutes created to define the powers/procedures of governmental agencies
• ex: Code of Federal Regulations

Question 5

Describe Criminal Law

Answer 5

• crime against state (charges brought by government)
• charges are felonies/misdemeanors
• ex: practicing med w/o valid license or beyond scope of practice

Question 6

Describe Civil Law

Answer 6

• crime against person
• 2 types
• ex: malpractice, breech of contract

Question 7

What are the 2 different types of Civil Law

Answer 7

• tort liability (intentional vs. unintentional)
• family law
• contract law

Question 8

Describe Tort liability

Answer 8

• civil wrong against a person

- can be intentional or unintentional

Question 9

What is the term used for person guilty of committing a tort

Answer 9

-tortfeaser

Question 10

What are some Examples of Intentional Torts

Answer 10

• assault
• battery
• defamation of character
• false imprisonment
• fraud
• invasion of privacy

Question 11

What is the most common Example of Unintentional Tort in Health Care System

Answer 11

-negligence

Question 12

Describe Contract Law

Answer 12

-written/spoken agreement intended to be enforceable by law

Question 13

What are the 2 types of Contracts

Answer 13

• expressed

- implied

Question 14

Describe Expressed Contracts

Answer 14

-written/oral, all terms implicitly made known

Question 15

Describe Implied Contracts

Answer 15

-not written, inferred from behavior of both parties of contract

Question 16

What is an Agreement in terms of Contract Law

Answer 16

• 1 party makes offer

- 1 party accepts

Question 17

What is an Consideration in terms of Contract Law

Answer 17

-something of value is exchanged b/w 2 parties

Question 18

What is an Contractual Capacity in terms of Contract Law

Answer 18

-ability of parties of agreement to understand terms of agreement

Question 19

Describe Laws of Agency

Answer 19

-employees act as agents of the employer when hey perform their workplace duties

Question 20

Describe what Respondeat Superior

Answer 20

• translates to “Let the master answer”

- doctrine applied to court cases when physicians and health care organizations are sued for errors of employees

Question 21

What are some Examples of Medical Legislation

Answer 21

• ACA
• HIPPA
• GINA
• EMTALA
• Mental Health Parity Act
• ADA
• FMLA

Question 22

What does ACA focus on

Answer 22

-expanding health care coverage
-control healthcare cost
improve health care delivery systems

Question 23

What are the 5 biggest impacts of ACA

Answer 23

1. INS can’t refuse coverage due to pre-existing conditions
2. young adult coverage under parents until 26 y/o
3. benefit limits (can’t set lifetime or annual limits to coverage)
4. free preventive care for USPSTF rated A and B services
5. discounts to med cost for seniors hitting “donut hole” in Rx coverage

Question 24

What does Mental Health Parity/Addiction Equity Act of 2008 cover

Answer 24

-requires annual/lifetime benefits for mental health care be no lower than benefits for medical/surgical care provided by a group plan

Question 25

What does FMLA cover

Answer 25

• entitlement for unpaid but job protected leave for family obligations or medical reasons
• INS is maintained w/ same terms and conditions during the time period
• allows for 12 work weeks of leave in a 12 month period