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
What term refers to the wrongful destruction of evidence or the failure to preserve property?
spoliation
deposition
litigation triggers
interrogatories
spoliation
In ensuring security compliance, the Department of Health and Human Services has a seven-step guide to implementing a security management process. All of the following are steps within this processes EXCEPT
develop a contingency plan.
develop an action plan.
manage and mitigate risks.
lead your culture, select your team, and learn.
develop a contingency plan
What advice should be given to a physician who has informed you that she recently discovered that a significant portion of a discharge summary she dictated last month was left out?
Squeeze in the information omitted by writing in available spaces such as the top, bottom, and side margins.
Inform the physician that nothing can be done about the situation.
Redictate the discharge summary and replace the old one with the new one.
Dictate the portion omitted with the heading “Discharge Summary—Addendum” and make a reference to the addendum with a note that is dated and signed on the initial Discharge Summary (e.g., “9/1/17-See Addendum to Discharge Summary”—Signature).
Dictate the portion omitted with the heading “Discharge Summary—Addendum” and make a reference to the addendum with a note that is dated and signed on the initial Discharge Summary (e.g., “9/1/17-See Addendum to Discharge Summary”—Signature).
William is a 16-year-old male who lives at home with his parents and works part-time as a dishwasher at one of the local restaurants. While emptying the dishwasher, William is severely scalded and rendered unconscious. He is taken to the emergency department of the local acute care hospital for emergency treatment.
Referring to the case study above, what must the hospital receive in order to release information to William’s employer?
consent signed by the patient’s parent
consent signed by the patient
nothing; no consent is needed
court order
nothing; no consent is needed
All of the following require the patient to sign a consent form EXCEPT
to release information to the emergency department physician.
for the surgeon to perform surgery.
to refuse treatment.
for the physician to perform an invasive procedure.
to release information to the emergency department physician
Ms. Juanita Smith has been hired as the new Health Information Management director at the Sunny Capital City Medical Health System. This organization was created by the merging of two smaller facilities that had hybrid medical records. One of Ms. Smith’s first responsibilities is to define what constitutes a legal health record for the Sunny Capital City Medical Health System. All of the following should be considered in developing the definition for the legal health record EXCEPT the
state and federal laws.
standards defining health record content.
type of software application used for the electronic health record.
purpose of the health records.
type of software application used for the electronic health record
All of the following are areas in which electronically stored information, for example, the electronic health record, differs from paper-based information EXCEPT
metadata.
confidentiality.
volume.
variety of sources.
confidentiality
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, the written answers to questions you have been asked to provide are known as a(n)
interrogatory.
physical and mental examination.
court order.
deposition.
interrogatory
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, Barbara Masters is the _____________ in this case.
appellant
plaintiff
defendant
appellee
plaintiff
The failure to obtain the written consent of the patient before performing a surgical procedure may constitute
libel.
malpractice.
contempt.
battery.
battery
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, the sworn verbal testimony you are asked to provide is called a(n)
physical and mental examination.
deposition.
court order.
interrogatory.
deposition
Mandatory reporting requirements for vital statistics generally
require authorization by the payer.
do not apply to health care facilities.
do not require authorization by the patient.
require authorization by the physician.
do not require authorization by the patient
The doctrine that the decisions of the court should stand as precedents for future guidance is
stare decisis.
respondeat superior.
statute of limitations.
res ipsa loquitur.
stare decisis
Which of the following is less likely to be considered a covered entity under the HIPAA Privacy Rule?
a managed care organization
a primary physician in a local practice
a third-party administrator that is responsible for transmitting medical claims
a locally family-owned drug store
a locally family-owned drug store
In a court of law, Attorney A, the attorney for Sun City Hospital, introduces the medical record from the hospital as evidence. However, Attorney B, the attorney for the defendant, objects on the grounds that the medical record is subject to the hearsay rule, which prohibits its admission as evidence. Attorney B’s objection is overridden. Why?
The medical record does not belong to the hospital; therefore, the hospital has no right to release the medical record as evidence.
It would violate physician–patient privilege, even though the patient signed a proper release of information form.
The doctrine of res ipsa loquitur prevails; therefore, reference to the medical record is moot.
The medical record may be admitted as business records or as an explicit exception to hearsay rule.
The medical record may be admitted as business records or as an explicit exception to hearsay rule
AHIMA and HIMSS recommend that organizations participating in HIE take all of the following steps to reduce the risk of unauthorized disclosures EXCEPT
conduct a risk analysis to evaluate potential risks.
educate/train the workforce.
ensure that all HIE participants have full access to patient information.
create a policy and procedure to manage HIE within the organization.
ensure that all HIE participants have full access to patient information
When developing a record retention policy, the HIM professionals should consider all of the following EXCEPT
uses of and need for information.
the thickness of the records.
current storage space.
all applicable statutes and regulations.
the thickness of the records
The privacy and protection of a patient’s health information is addressed in each of the following EXCEPT the
Privacy Act.
Health Insurance Portability and Accountability Act.
USA PATRIOT Act.
Drug Abuse and Treatment Act.
USA PATRIOT Act
One of the greatest threats to the confidentiality of health data is
when medical information is reviewed as a part of quality assurance activities.
when medical information is used for research or education.
lack of written authorization by the patient.
disclosure of information for purposes not authorized in writing by the patient.
disclosure of information for purposes not authorized in writing by the patient
Mr. Blake was admitted to Allcare Hospital for scheduled cholecystectomy and was discharged within 48 hours. However, after 72 hours following the procedure, Mr. Blake complained of continued intensifying pain in the abdominal region. Mr. Blake was readmitted to the hospital and an x-ray revealed that a sponge had been left within his abdominal cavity. As a result, Mr. Blake filed a lawsuit against Allcare Hospital, and his medical records were subpoenaed by the courts. Which of the following documentation should be provided by Allcare Hospital in response to the subpoena?
the medical record excluding the x-ray
the longitudinal health record
the legal health record
the personal health record
the legal health record
A written authorization from the patient releasing copies of his or her medical records is required by all of the following EXCEPT
the hospital attorney for the facility where the patient is treated.
a physician requesting copies from another physician.
an insurance company.
the patient’s attorney.
the hospital attorney for the facility where the patient is treated
HIM professionals have a duty to maintain health information that complies with
federal statutes.
all of these answers apply.
accreditation standards.
state statutes.
all of these answers apply
Medical record information may be exempt from the Freedom of Information Act requirements if the request for information meets the test of being an unwarranted invasion of personal privacy. Which of the following is NOT one of the conditions of the test?
The severity of the invasion must outweigh the public’s interest in disclosure.
Disclosure of the information constitutes an invasion of personal privacy.
The information must be contained in a personal, medical, or similar file.
The information is generated from federally funded research conducted by a private health care organization.
The information is generated from federally funded research conducted by a private health care organization
Traditionally, the medical record is accepted as being the property of the
court.
patient.
institution.
patient’s guardian.
institution
Under general rules of evidence, a medical/health record is considered ______________ and is ___________________ into evidence.
reliable; inadmissible
hearsay; inadmissible
reliable; admissible
hearsay; admissible
hearsay; inadmissible
The body of law founded on custom, natural justice, and reason, and sanctioned by usage and judicial decision is known as
lien law.
common law.
statutory law.
constitutional law.
common law
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, what phase of the lawsuit are you involved in?
discovery
trial
pretrial conference
appeal
discovery
William is a 16-year-old male who lives at home with his parents and works part-time as a dishwasher at one of the local restaurants. While emptying the dishwasher, William is severely scalded and rendered unconscious. He is taken to the emergency department of the local acute care hospital for emergency treatment.
Referring to the case study above, given the emergency of the situation, who should the health care provider seek consent from in order to provide treatment to William?
the patient
the employer
no consent is needed for emergency care
the parents
no consent is needed for emergency care
The minimum record retention period for patients who are minors is
2 years past treatment.
age of majority.
5 years past treatment.
age of majority plus the statute of limitations.
age of majority plus the statute of limitations
All of the following may present challenges to informed consent EXCEPT
the patient was not permitted an opportunity to ask questions.
the risks and benefits of the proposed treatment or procedure were not disclosed.
the consent was written in a language that the patient could not understand.
the treating physician obtained the patient’s signature.
the treating physician obtained the patient’s signature
