Module 11 Test: Health Law (RHIA & RHIT) Flashcards
An improper disclosure of patient information to unauthorized individuals, agencies, or news media may be considered a(n)
libel.
invasion of privacy.
slander.
defamation.
invasion of privacy
Internal disclosures of patient information for patient care purposes should not be granted
to the attending physician.
on a need-to-know basis.
to a family member who is a registered nurse at the facility.
to the facility’s legal counsel.
to a family member who is a registered nurse at the facility
Adrienne, a disgruntled nurse was fired from East Care Hospital after it was discovered that she accessed a local celebrity’s medical record. The celebrity was being treated for communicable disease at a satellite clinic under East Care’s operational umbrella. In this scenario, Adrienne can best be described as an ________ for East Care Hospital.
internal privacy threat
external privacy threat
internal security threat
external security threat
internal security threat
A valid authorization for the disclosure of health information is considered defective if
the expiration date has passed or the expiration event has occurred.
it is addressed to the health care provider.
it is signed by the patient.
a description of the purpose is provided.
the expiration date has passed or the expiration event has occurred.
Laws that limit the period during which legal action may be brought against another party are known as
statutes of limitations.
case law.
summons.
common law.
statutes of limitations
The ownership of the information contained in the physical medical/health record is considered to belong to the
hospital.
insurance company.
patient.
physician.
patient
A 73-year-old male was admitted to the Sunset Nursing Facility with senility, cataracts, and S/P cerebrovascular accident with right-side hemiplegia. On his second day at the facility, the resident was discovered to have extensive thermal burns on his buttocks and legs by one of the facility’s attendants.
Referring to the case study above, which of the following can the attorney of the resident’s family also use as a basis for the lawsuit, and why?
The doctrine of charitable immunity because the nursing facility is a private institution and is shielded from liability for any torts committed on its property.
The doctrine of res ipsa loquitur because it allows the plaintiff to shift the burden of proof to the defendant because direct evidence is available.
The failure to warn theory because the doctor did not inform the resident’s family that the resident was in danger at the nursing facility.
The Good Samaritan Statutes because they protect the director of nursing, an employee of the nursing facility, who was not present when the injury occurred.
The doctrine of res ipsa loquitur because it allows the plaintiff to shift the burden of proof to the defendant because direct evidence is available
In which type of facility does the Privacy Act of 1974 permit patients to request amendments to their medical record?
university-based teaching facility
private proprietary health care facility
Department of Defense health care facility
mental health and chemical dependency facility
Department of Defense health care facility
Ms. Johnson was a diabetic patient, and was placed on a strict diet by her primary care physician. However, Ms. Johnson enjoyed baking cakes, and most of all she enjoyed eating slices of her freshly baked German chocolate cakes on a weekly basis, and often neglected taking her medication. As a result, Ms. Johnson suffered a diabetic coma and did not obtain consciousness for two months. She later filed a malpractice claim against her primary care physician. Which of the following is the most appropriate defense the primary care physician should raise in response to Ms. Johnson’s claim?
comparative negligence
gross negligence
assumption of risk
charitable immunity
assumption of risk
Historically, individually identifiable information for deceased individuals regardless of the time of death was covered under the HIPAA Privacy Rule. However, under the HITECH, individually identifiable information for deceased individuals is no longer covered after _____ years.
60
30
40
50
50
Who determines the retention period for health records?
medical staff
state and federal governments
city and state governments
commercial storage vendors
state and federal governments
In a negligence or malpractice case, all of the following elements must be present in order to shift the burden of proof onto the defendant EXCEPT the
health care facility does not have a risk management program.
defendant had exclusive control over the instrumentality that caused the injury.
plaintiff did not contribute to the injury.
event would not normally have occurred in the absence of negligence.
health care facility does not have a risk management program
In general, which of the following statements is correct?
When federal and state laws conflict, valid state laws supersede federal laws.
When federal and state laws conflict, valid local laws supersede federal and state laws.
When federal and state laws conflict, valid corporate policies supersede federal and state laws.
When federal and state laws conflict, valid federal laws supersede state laws.
When federal and state laws conflict, valid federal laws supersede state laws
The legislation that required all federally funded facilities to inform patients of their rights under state law to accept or refuse medical treatment is known as
Patient Self-Determination Act.
living wills.
advance directives.
durable power of attorney.
Patient Self-Determination Act
The HIPAA Title II: Administrative Simplification code includes all of the following components EXCEPT
privacy and security.
transactions.
medical savings and tax deductions.
identifiers.
medical savings and tax deductions
A 73-year-old male was admitted to the Sunset Nursing Facility with senility, cataracts, and S/P cerebrovascular accident with right-side hemiplegia. On his second day at the facility, the resident was discovered to have extensive thermal burns on his buttocks and legs by one of the facility’s attendants.
Referring to the case study above, the resident’s family brought legal action against the nursing facility for
negligence.
assault and battery.
vicarious liability.
medical abandonment.
negligence
What source or document is considered the “supreme law of the land”?
presidential power
Constitution of the United States
Supreme Court decisions
Bill of Rights
Constitution of the United States
Centric Medical Center established a business associate agreement with Quenlinks Solutions to provide mobile devices for their physicians and nurses to enter patient information into the organization’s EHR in real-time. Which of the following should be considered as a best practice for the use of mobile technology in this given scenario?
all of these answers apply
safeguards and techniques for adequate protection of ePHI
identification of device ownership
required authorization for mobile technology use
all of these answers apply
You are the director of the Health Information Management Department for Bayshore Hospital. A former patient of the hospital, Barbara Masters, is suing the hospital for negligent care of an infected decubitus ulcer. You are asked by Barbara’s attorney to provide sworn verbal testimony and/or written answers to questions.
Referring to the case study above, Bayshore Hospital is the __________________ in this case.
defendant
appellee
plaintiff
appellant
defendant
When a health care facility fails to investigate the qualifications of a physician hired to work as an independent contractor in the emergency department and is accused of negligence, the health care facility can be held liable under
respondeat superior.
general negligence.
corporate negligence.
contributory negligence.
corporate negligence
