Legal and Ethical Responsibilities Flashcards
Which of the following is included in informed consent?
An explanation of the test and permission from the patient
A diagnosis and documented need for a procedure
A referral from a physician, a written contract, and a fee for services
A patient showing up for an appointment
An explanation of the test and permission from the patient
What is the most common charge against health care workers? Assault and battery False imprisonment Malpractice Invasion of privacy
Malpractice
Speaking false words about people with the intention of damaging their reputation is considered which of the following? Battery Libel Slander Malpractice
Slander
What is it called when a person's freedom is intentionally violated? Battery Invasion of privacy Libel False imprisonment
False imprisonment
Brenda is a patient at a retirement community who is suffering from dementia. One day, she began hitting several patients in the cafeteria. Several health care workers forcibly restrained Brenda until she calmed down. Is this a case of assault and battery?
Yes
No
No
What is it called when a person's right to be left alone is intentionally interfered with? Perjury Breach of confidence Invasion of privacy Defamation of character
Invasion of privacy
What are the rules of conduct enacted and enforced by governments? Ethics Laws Morals Rights
Laws
Ricardo is a nursing assistant. According to scope of practice, who is Ricardo allowed to delegate work to and supervise in implementing care? Other nursing assistants Licensed practical nurses Registered nurses None of the above
None of the above
A well-known celebrity is in the hospital recovering from a heart attack. A health care worker takes several pictures of the celebrity without permission and gives the pictures to a newspaper reporter. What type of offense has the health care worker committed? Assault Libel Slander Invasion of privacy
Invasion of privacy
What is a case called in which a person is harmed because of another person's actions or failure to act? Tort Law Legislation Advance directive
Tort
What is a voluntary agreement between two or more people? A contract A law A tort All of the above
A contract
Which type of contract is specifically and clearly stated?
Implied contract
Expressed contract
All of the above
Expressed contract
What is professional negligence called? Invasion of privacy Assault and battery Defamation of character Malpractice
Malpractice
Intentionally touching another person without permission is called what? Negligence Battery Assault Slander
Battery
Which of the following is TRUE of legal contracts?
A minor is able to enter into a contract if a parent witnesses the minor sign the contract.
A 35-year-old who is actively psychotic is not able to enter into a contract.
A patient who is legally blind cannot enter into a contract.
A patient with Alzheimer’s who cannot reliably recall his name is able to enter into a contract.
A 35-year-old who is actively psychotic is not able to enter into a contract.
Which of the following may be considered an exception to the requirement for informed consent?
The patient is a non-English speaker
The person is both blind and hearing impaired
Performing CPR on an unconscious patient
An invasive procedure not requiring hospitalization
Performing CPR on an unconscious patient
Which of the following should be done when copying confidential information?
Remain by the copier and make sure to collect the original item.
Ask someone who isn’t busy to gather the copied items.
Throw away extra copies immediately.
Create a central area to store unclaimed copies.
Remain by the copier and make sure to collect the original item.
If an employer pays for a job-related physical examination, which of the following is TRUE?
The employer has rights to the medical records.
The patient is automatically sent a copy of the record following the examination.
The physician always discusses the results with the patient.
The health care facility own the records and the employer is only entitled to a summary of findings.
The employer has rights to the medical records.
Which of the following is TRUE of electronic medical records?
Computer access to records is always available to anyone who wishes to view them.
Electronic records make it more difficult to access up-to-date information.
Electronic medical records are better organized.
Electronic medical records make it easy to tamper with medical records.
Electronic medical records are better organized.
How should a documentation error be corrected?
Erase the error and initial the change.
Use correction fluid and initial the change.
Black out the error, add the correct information, and initial the change.
Draw a line through the error, add the correct information, initial, and date.
Draw a line through the error, add the correct information, initial, and date.
Which of the following is information that is shared within a protected relationship? Accountability Protected privacy Privileged communication Secure information
Privileged communication
Which of the following is a type of abuse that should be reported to the proper authorities? Emotional Physical Sexual All of the above
All of the above
Mrs. Marshall calls her husband’s health insurance provider to clarify a service coverage issue. Which of the following is TRUE?
The insurance provider will gladly work with Mrs. Marshall to get the issue resolved.
The insurance provider will ask Mrs. Marshall if her husband gave her permission to call.
Mrs. Marshall will need her husband’s social security number in order to talk to the insurance provider.
The insurance provider will not speak with Mrs. Marshall unless her husband has given the company permission to do so.
The insurance provider will not speak with Mrs. Marshall unless her husband has given the company permission to do so.
A patient has requested a copy of his medical record in writing. As the office assistant, what should you do?
Make copies of everything in the record within the next 90 days.
Read through the medical record before you make a copy that same day.
Make copies of everything but psychotherapy notes within 30 days.
Call the patient to get his authorization.
Make copies of everything but psychotherapy notes within 30 days.
Tina has a primary care physician, and is meeting with an orthopedic specialist today. How can the specialist obtain Tina’s medical information from her primary care physician?
Tina will have to give authorization for her primary care office to release the records to the specialist.
The specialist can request Tina’s records from the primary care office.
The primary care office will contact the specialist and make copies of her record automatically.
The specialist and all other health care providers, have immediate access to all medical records.
Tina will have to give authorization for her primary care office to release the records to the specialist.
Which of the following is a purpose of HIPAA?
Ensure that a patient’s medical information is private
Ensure quick access to information for health care providers
Ensure that paperwork is correct when it is submitted for reimbursement
Ensure that all people have insurance coverage
Ensure that a patient’s medical information is private
What is the best way to dispose of confidential information in a health care facility? Burn it. Shred it. Throw it in the trash can. Recycle it.
Shred it.
Vivian is a nurse at a children’s hospital. A 10-year-old boy confides in Vivian that he has been abused by his parents, but he begs her not to tell anyone. What should Vivian do?
She should report the abuse to the proper authorities.
She should respect the boy’s privacy and keep the secret.
She should discuss the situation with another nurse.
She should report the abuse to the proper authorities.
Kelsey is a health care worker who must call Mr. Grimm with the results of his blood tests. When Kelsey calls, no one picks up the phone and the answering machine plays. What should Kelsey do?
Leave a message with the results of the blood test.
Leave a message with the name of the facility where she is calling, and a phone number where she can be reached.
Hang up without leaving a message.
Leave a message that the results of the blood tests are in and a phone number where she can be reached.
Leave a message with the name of the facility where she is calling, and a phone number where she can be reached.
Which of the following is NOT a way to safeguard electronic medical records?
Limit access by using passwords, codes, or fingerprints.
Log out of confidential screens before leaving a computer.
Send all confidential information by e-mail.
Back up data frequently.
Send all confidential information by e-mail.
Dr. Josef is recording his dictating notes in the emergency room and you hear him mention that the patient in the next room is a victim of domestic violence. Which of the following describes your knowledge of the situation according to HIPAA?
Incidental disclosure
Information needed for research
Legal or public interest issue
Amendment of protected health information
Incidental disclosure
Which of the following is NOT a way to protect information when using a fax machine?
Contact the receiver before faxing the information.
Include a cover sheet with a confidentiality statement.
Walk away while a fax is sent.
Shred unneeded information after sending a fax.
Walk away while a fax is sent.
Rhonda, a medical assistant, believes a patient is giving false information. How should Rhonda document the information?
Ask the patient if he is lying.
Document what the patient says, but add a note that the patient is lying and initial the note.
Put the patient’s exact words in quotation marks.
Summarize what the patient says and leave it to the physician to judge.
Put the patient’s exact words in quotation marks.
Jana does not want to receive calls from her health care provider at her home number. What should Jana do?
Request that the facility hang up if Jana does not answer.
Give authorization for her roommate to speak to health care providers.
Request that calls be made to another phone number, such as a cell phone or work phone.
Fail to give the provider a phone number.
Request that calls be made to another phone number, such as a cell phone or work phone.
Which of the following terms means releasing, transferring, or providing access to protected health information? Disclosure Confidentiality Authorization Privacy
Disclosure
A patient’s friend has power of attorney rights. Which of the following is the agent NOT permitted to do?
Refuse life support
Allow dialysis when a living will prohibits it
Spend the patient’s money in order for the patient to receive home health care.
Contact specialists for a second opinion on the patient’s health
Allow dialysis when a living will prohibits it
Which of the following is considered a civil right? Freedom of religion Justice The right to free health care. The right to emergency services.
Freedom of religion
Which of the following is a requirement of the Patient Self-Determination Act?
Patients must give complete and truthful information to their providers.
Patients are entitled to make a grievance.
Providers must give patients information on their rights and advance directives.
Providers must not discriminate based on race, color, religion, sex, nationality, disabilities, age, or socio-economic status.
Providers must give patients information on their rights and advance directives.
Which of the following is TRUE of the Residents’ Bill of Rights?
Overrides a patient’s civil rights
Promotes independence and self-determination
Requires a patient to see a facility’s on-staff physician
Permits a patient to not pay their out-of-pocket health care expenses
Promotes independence and self-determination
What are legal documents that allow people to state what medical treatments they want or do not want in the event that they are unable to make decisions or communicate? Patient’s rights Advance directives Notarized medical guidelines Contingency statements
Advance directives
The Omnibus Budget Reconciliation Act (OBRA) included which of the following regulations? Patient Self-Determination Act Uniform Anatomical Gift Act Patient’s Bill of Rights Residents’ Bill of Rights
Residents’ Bill of Rights
Which of the following defines client rights?
Rights granted in a professional relationship
Protections provided by federal law
Basic rights that belong to all people
Privileges given to a group of people who have been discriminated against
Rights granted in a professional relationship
Who is given the right to make decisions as a result of a durable power of attorney? A minor An agent A principal A resident
An agent
A long-term care facility's policy is that a patient's door must remain open when meeting with visitors. Which of the following is being violated? Patients’ responsibilities Patient’s Bill of Rights Client rights Residents’ Bill of Rights
Residents’ Bill of Rights
Darnell’s insurance company has refused to pay for a treatment Darnell received while in the hospital. Which of the following is NOT TRUE?
The insurer must respond to any grievance filed by Darnell.
The facility must inform Darnell how to file a grievance.
Darnell has the right to file a grievance with the insurer.
The insurer must pay because Darnell has a right to make health care decisions.
The insurer must pay because Darnell has a right to make health care decisions.
A resident was restrained after refusing to take his medication. What right is being violated?
To be informed of available care options
To be free from abuse
To be properly sheltered, fed, clothed, groomed, and cared for
To voice grievances without fear of retaliation
To be free from abuse
Which of the following is a type of advance directive? Client rights Grievance Living will Privileged communication
Living will
Which one of the following overrides the others? Durable power of attorney Physician’s orders Living will Organ donor card
Living will
In which of the following cases must organ donation NOT occur?
A living will requests donation, but a legal agent will not give permission.
The patient’s driver license shows the patient is an organ donor.
Prior to death, the patient registered for organ donation.
The spouse wants to donate a patient’s organs, but the living will forbids it.
The spouse wants to donate a patient’s organs, but the living will forbids it.
A female patient does not want a male nurse to care for her. Which of the following is TRUE?
The patient can be charged more for refusing treatment from the male nurse.
The facility can refuse to care for the patient.
The patient must accept care from the male nurse.
The patient has the right to refuse care from the male nurse.
The patient has the right to refuse care from the male nurse.
Paula is a nurse and holds firmly to the Catholic faith. She is assigned to treat a patient who is an outspoken Muslim. According to the code of ethics, how should Paula treat her patient?
She should treat the patient respectfully and without discrimination.
She can talk to her supervisor about moving the patient to a different room.
She can refuse to provide health care to the patient.
She should engage in religious debates with the patient.
She should treat the patient respectfully and without discrimination.
A facility has a policy that states: “Use precautions to prevent the spread of pathogens.” Which of the following is a procedure for this policy?
Introduce yourself to the patient and ask if you can get the patient anything.
Treat every patient with respect.
Wash your hands between patients.
Label specimens and attach the test order form.
Wash your hands between patients.
Which of the following defines an ethical dilemma?
A conflict of laws governing a person or property
When a code of ethics is broken
When civil rights have been violated
A conflict of moral beliefs
A conflict of moral beliefs
Liability can be defined as which of the following?
A moral desire to do the right thing
An ethical responsibility to cause no harm
Legal responsibility for causing harm
The ability to sue the party responsible for causing harm
Legal responsibility for causing harm
What is a process of identifying, evaluating, and preventing sources of liability? Employer liability Event reports Liability assurance Risk management
Risk management
Regina is a nurse at a community hospital. She is assigned a young pregnant patient, Allyson, who is being treated for injuries received in a car accident. Allyson tells Regina that she and her boyfriend have decided to have an abortion. Regina believes that abortion is unethical. How should Regina respond to Allyson?
She should ask Allyson how she would feel if her own mother had considered abortion.
She should try to change Allyson’s mind by kindly telling her that abortions are wrong.
She should give Allyson information on organizations that can support her in keeping her baby.
She should care for Allyson as she would any other patient and be respectful.
She should care for Allyson as she would any other patient and be respectful.
What are rules of proper conduct among a group of people, such as a religion or profession? Ethics Laws Morals All of the above
Ethics
An event report does NOT need a statement from which of the following?
Any person who was harmed as a result of the event
Any health care worker who was involved in the event
Any witness to the event
Any person who can speak to the character of the patient
Any person who can speak to the character of the patient
What is a list of written statements describing proper conduct for a group of people?
Bill of rights
Personal ethics
Code of ethics
Code of ethics
A nursing team is short-staffed and extremely busy. An RN asks a nursing assistant to give a patient his afternoon medication. Who is liable?
The nursing assistant and the RN
The patient and the nursing assistant
The nursing assistant, the RN, and the employer
The RN and the employer
The nursing assistant, the RN, and the employer
What is the purpose of ERISA?
Requires companies to provide medical insurance for retired employees.
Regulates health care and pension plans in private companies.
Restricts the amount of social security that retired individuals can collect.
Ensures collective-bargaining abilities for public employees.
Regulates health care and pension plans in private companies.
In which case does the employer have just cause to fire an employee?
The employee reported abuse that was taking place in a long-term care facility.
The employee refused to write a false report.
The employee does not get along well with a coworker.
The employee was caught stealing medications from work.
The employee was caught stealing medications from work.
Which type of health care worker would be most concerned with the safety standards established by the Clinical Laboratories Improvement Amendments, or CLIA? Medical assistant Director of nursing Lab technician Billing officer
Lab technician
Which of the following is NOT included in the Fair Labor Standards Act?
Requires employers to pay at least minimum wage.
Dictates employers pay overtime pay for weekend hours.
Ensures equal pay for men and women.
Restricts the type of jobs and the hours minors can work.
Dictates employers pay overtime pay for weekend hours.
What is the responsibility of the Occupational Safety and Health Administration?
Oversee the administrative portion of health care facilities
Regulate the quality of care patients receive
Enforce safety and health standards in the workplace
Report on the efficiency of government-funded health care facilities
Enforce safety and health standards in the workplace
Worker compensation laws do which of the following?
Ensure that employees will be taken care of when they retire
Set safety standards for all workplaces
Require employers to pay employees a fair wage for the hours and work completed
Require employers to insure employees in case they are injured at work
Require employers to insure employees in case they are injured at work
What is the purpose of the Centers for Disease Control and Prevention?
Protect people from infectious, occupational, environmental, and terrorist threats
Credential physicians in the care of infectious diseases
Find funding for scientific research
Develop products that are sold directly to health care facilities and governments
Protect people from infectious, occupational, environmental, and terrorist threats
For what reason may an employer legally NOT hire an applicant?
The applicant is from a different race.
The applicant has a disability.
The applicant is not a legal U.S. resident.
The applicant is near retirement age.
The applicant is not a legal U.S. resident.
Which of the following is NOT sexual harassment?
An employee politely asks a coworker out for dinner and respects the coworker’s decision.
A manager refuses to hire an applicant until the applicant agrees to describe their sexual preferences.
A coworker is constantly making sexual references and gestures toward one female, which is affecting her work.
A supervisor begins demeaning and threatening an employee at work after the employee ends a short relationship with the supervisor.
An employee politely asks a coworker out for dinner and respects the coworker’s decision.
The Family and Medical Leave Act allows employees to take unpaid leave for which of the following reasons?
To take an extended vacation
To recover from the birth of a child
To provide care to a close friend with cancer
To attend an educational program
To recover from the birth of a child
