Practice management -Health Care System - Ethics - Legal Flashcards
A 20-year-old woman comes to the office with her parents because of her significant concern with the appearance of a scar on her forehead of 1 year’s duration. Physical examination shows a well-healed scar that blends in nicely with the surrounding skin and is difficult to see at conversation distance. The patient’s parents do not see the need for any intervention since they also find the scar difficult to see. Which of the following must be present to confirm a diagnosis of body dysmorphic disorder in this patient?
A) History of treatment for an eating disorder
B) Occasional social anxiety
C) Preoccupation with obvious flaws in her appearance
D) Prior rhinoplasty
E) Repetitive behavior related to her appearance concerns
The correct response is Option E.
According to the Diagnostic and Statistical Manual of Mental Disorders, 5th edition, (DSM-V) the following criteria define the diagnosis of body dysmorphic disorder (BDD):
Preoccupation with one or more perceived defects or flaws in physical appearance that are not observable or appear slight to others.
At some point during the course of the disorder, the individual has performed repetitive behaviors (e.g., mirror checking, excessive grooming, skin picking, reassurance seeking) or mental acts (e.g., comparing his or her appearance with that of others) in response to the appearance concerns.
The preoccupation causes clinically significant distress and impairment in daily function.
An eating disorder may be seen with body dysmorphia, but is not pivotal to its diagnosis.
A diagnostic criterion describing repetitive behaviors or mental acts in response to preoccupations with perceived defects or flaws in physical appearance has been added since the DSM-IV-TR, consistent with data indicating the prevalence and importance of this symptom.
Prior history of cosmetic surgery (rhinoplasty in this case) is not part of the diagnostic criteria for body dysmorphic disorder.
A 45-year-old man approaches his neighbor, a plastic surgeon, at a cocktail party. He was seen in the emergency department 1 day ago with a broken toe and was given a prescription for ibuprofen. He says his toe is still aching and asks for a prescription for acetaminophen with codeine, which he has taken before. The plastic surgeon asks the man about his medical history, and a physical examination shows “buddy” taped toes and moderate ecchymosis and swelling. The plastic surgeon writes the prescription for acetaminophen with codeine. Which of the following is the most necessary next step for the plastic surgeon?
A) Contact his treating physician
B) Have the man sign a Health Insurance Portability and Accountability Act (HIPAA) consent form
C) Order a repeat x-ray study
D) Send the man to the emergency department
E) Write a medical note of the encounter
The correct response is Option E.
The key to the scenario described is that the plastic surgeon is out of the office and the man is not his patient. However, as soon as a prescription is written, he is now a patient, and the plastic surgeon is obligated to document this encounter. A prescription is a legal document and as such is subject to local, state, and federal laws. Each state has its own individual laws, many of which are very restrictive, demanding taking a history and conducting a physical examination before prescribing as well as maintaining written records of all treatments and prescriptions. Federal law limits its prescription writing laws to controlled substances. These laws require that the prescriber have a bona fide patient-physician relationship with any person for whom he or she prescribes controlled substances. This relationship includes maintenance of a written medical record. Violating these standards can jeopardize a license.
Contacting his treating physician is unnecessary.
Sending the man to the emergency department or ordering an x-ray study is unnecessary.
HIPAA stands for the Health Insurance Portability and Accountability Act. This rule set national standards for the protection of individually identifiable health information.
Having the form signed would not be the most appropriate next step.
For the purpose of billing evaluation and management (E/M) services, a “new patient” is considered one who has not received any professional services from another plastic surgeon in a group practice within a minimum of which of the following months?
A) 6
B) 12
C) 18
D) 24
E) 36
The correct response is Option E.
According to the 2015 American Medical Association’s (AMA) CPT book, “… a new patient is one who has not received any professional services from the physician/qualified health care professional or another physician/qualified health professional of the exact same specialty and subspecialty who belongs to the same group practice, within the past three years.” If a patient has received professional services evaluation and management (E/M) or other face-to-face service – (such as surgical procedures), within the past three years, from the physician/qualified health care professional, or another physician/qualified health care professional of the exact same specialty and subspecialty who belongs to the same group practice, he or she would be defined as an “established patient.”
The definition of a “new patient” by the Centers for Medicare and Medicaid Services differs slightly from the AMA’s. Instead of including physicians in the same specialty and subspecialty, for Medicare E/M services, the same specialty is determined by the physician’s or practitioner’s primary specialty enrollment in Medicare. The three-year time period still applies.
A 35-year-old woman is scheduled to undergo low-volume liposuction of the lower abdomen in an office setting. Intravenous sedation, in addition to local and tumescent anesthesia, is planned. Which of the following is essential to have in the operative suite according to the Guidelines for Office-Based Anesthesia?
A) Central venous catheter kit
B) Electrocautery unit
C) Intubation equipment
D) Tracheostomy set
E) Warming blanket
The correct response is Option C.
To ensure patient safety during office-based procedures, a system of quality care needs to be established in each facility, emphasizing maintenance of the appropriate facilities, equipment, personnel, protocols, and procedures.
When administering anesthesia of any kind in an office setting, the surgeon should follow the American Society of Anesthesiologists’ “Guidelines for Office-Based Anesthesia,” and “Practice Guidelines for Sedation and Analgesia by Non-Anesthesiologists.”
The facility should be outfitted with the appropriate medical equipment, materials, and drugs necessary to provide anesthesia, recovery ministration, cardiopulmonary resuscitation, and provisions for potential emergencies. Anesthesia equipment should include suctioning apparatus, appropriately sized airway equipment, including laryngoscope blades, means of positive-pressure ventilation, intravenous equipment, pharmacologic antagonists, basic resuscitative medications, and, in the event of deep sedation, defibrillator equipment.
Additional equipment, such as a central venous catheter kit, electrocautery unit, warming blanket, and tracheostomy set may be desirable based on the type of patients and/or cases being performed, but are not considered essential in the case of the patient described.
Which of the following standard tools is most appropriate for reporting systematic reviews and meta-analyses that assess the benefits and harms of health care intervention?
A) Cochrane
B) Introduction, Methods, Results, and Discussion (IMRaD)
C) Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA)
D) Quality of Reporting Meta-analyses (QUOROM)
E) Standard Protocol Items: Recommendations for Interventional Trials (SPIRIT)
The correct response is Option C.
The Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA) statement has been published and endorsed by many high-impact medical journals as the standard tool to be used for systematic review and meta-analysis. The PRISMA standard supersedes the Quality of Reporting of Meta-analyses (QUOROM) standards. The Cochrane is a charitable group that conducts systematic reviews of health care interventions and diagnostic tests and publishes them in the Cochrane Library. Standard Protocol Items: Recommendations for Interventional Trials (SPIRIT) provides evidence-based recommendations for the minimum content of a clinical trial protocol. The Introduction, Methods, Results, and Discussion (IMRaD) format refers to standard structure for scientific writing.
A surgeon is approached by a charitable organization requesting support for a silent auction fund-raiser. Which of the following services can be donated according to the American Society of Plastic Surgeons (ASPS) code of ethics?
A) Abdominoplasty
B) Augmentation mammaplasty
C) Botulinum toxin A for forehead rejuvenation
D) Rhytidectomy
E) Single-site liposuction
The correct response is Option C.
The American Society of Plastic Surgeons (ASPS) has guidelines and policies governing ethical behavior of plastic surgeons. Participation in charitable events is permitted, but must be done in a manner that does not provide implicit understanding of a performance of a procedure for which the patient has not been medically evaluated. Furthermore, an implied or real financial incentive to have a procedure is considered unethical. Botulinum toxin A for forehead rejuvenation is most appropriate. All other options are specific in regards to treatment, for which the patient has ostensibly purchased through the silent auction, but may not be a candidate. Offering free implants also implies that an augmentation mammaplasty is to be done, which is implicitly offering the procedure. No procedures requiring an incision are allowed.
A 42-year-old man who is a close friend of the on-call plastic surgeon is brought to the emergency department because of a metacarpal fracture. He is being treated by the on-call orthopaedic surgeon. The patient’s wife sees the plastic surgeon and asks to view her husband’s post-reduction x-ray studies. Which of the following is the most appropriate response?
A) Confirm only that the x-ray study was completed
B) Obtain verbal consent from the patient
C) Review the x-ray studies with the spouse
D) Share the report without showing the x-ray studies
E) View the x-ray studies with the radiologist
The correct response is Option B.
The most appropriate response is to obtain consent from the patient to access his medical record. Confirming that the x-ray studies have been performed, sharing the report, viewing the x-ray studies in person with the radiologist, and reviewing the x-ray studies with the spouse would require accessing the patient’s medical record, for which the plastic surgeon has not obtained consent. Doing so would be a violation of the Health Insurance Portability and Accountability Act (HIPAA).
A 72-year-old man with type 2 diabetes mellitus is evaluated because of a 2-month history of a plantar heel ulcer. Routine standard therapies have been unsuccessful. Administration of a new topical growth factor ointment indicated for refractory diabetic foot ulcers is planned. The best literature supporting the use of this product for this patient describes a single non-blinded, prospective, randomized controlled trial with low patient numbers and poor long-term follow-up. Which of the following is the level of evidence associated with the therapeutic use of this product?
A) Level I
B) Level II
C) Level III
D) Level IV
E) Level V
The correct response is Option B.
The practice of evidence-based medicine involves the interpretation of the best available evidence in order to make informed clinical decisions regarding the care and treatment of patients. Because the quality of studies published in the literature is of varying quality, a hierarchical grading system often described as the levels of evidence has been employed by multiple different specialties.
Typically, randomized controlled trials (RCTs) are considered the highest level of evidence. However, RCTs cannot be used to answer all types of clinical questions. For example, clinical questions regarding the prognosis of a given condition without any treatment cannot be answered with an RCT. In addition, all RCTs are not of the same quality. Systematic reviews or meta-analysis of similar RCTs can increase the power of the studies. In contrast, RCTs that are not blinded, have poor methods of randomization, lack exclusion criteria, or that have low numbers and are underpowered are considered to be a lower level of evidence. The RCT in this question is non-blinded and underpowered with poor follow up and, therefore, a level II.
The ASPS has published the following evidence rating scale:

A 56-year-old woman undergoes reduction mammaplasty. Her primary insurance coverage is provided by Medicare. The surgeon, a contracted provider, submits a bill for . Per the contract with the insurance company, the provider is paid from Medicare and the patient is responsible for a co-pay of . Which of the following statements in regard to the difference between the provider’s bill and his payment is most accurate?
A) The difference can be allocated to bad debt for reasons of accounting and tax preparation
B) The difference can be recouped by the provider by submitting a new bill for local flap rearrangement and complex wound repair of the breasts
C) The difference is a contractual adjustment and the service is considered paid in full
D) The difference should be billed to the patient
E) The difference should be financed on a payment plan
The correct response is Option C.
The difference of the bill and the payment is considered a contractual adjustment and the services are paid in full. As a contracted provider for Medicare, the physician agrees to accept payment according to the Medicare fee schedule. Payment comes in two forms: direct payment from Medicare and co-payment from the patient. Many Medicare enrollees also pay for a supplemental health insurance policy. This plan provides payment for deductibles and co-pays that Medicare does not pay. If such insurance is carried, then the patient’s co-payment for services is paid by the supplemental insurance company. The patient’s obligation is the contracted co-payment, whether paid personally by them or by their supplemental policy. Virtually all insurance companies follow these same regulations.
Medicare consists of two basic parts: Part A and Part B. Part A covers hospitalization, skilled nursing facilities, and hospice care. Part B covers provider and related services: doctors, physical therapists, laboratories, durable equipment, mental health, etc. Enrollees do not pay a monthly premium for Part A if Medicare taxes were paid while they were employed and they are age 65 and receive retirement benefits (social security), or if they are under age 65 and receive social security benefits or have end-stage renal disease (with specific sub-requirements). In 2014, Part B carried a monthly premium of .90, and a yearly deductible of . Both fees will not change in 2015.
Based on federal and state laws, it is illegal to balance bill patients for fees greater than the contractual agreement for those services. The difference between the bill and the payments cannot by written off as bad debt. Truly owed money that is not paid is considered bad debt. No further money is owed after all contractual agreed-upon payments have been made. Submitting new bills for local flap rearrangement is considered to be unbundling, since this aspect of the procedure is included in breast reduction surgery and payment. Unbundling is a form of insurance fraud and is subject to significant penalties.
A 24-year-old man who is hearing impaired requests to be evaluated for left cubital tunnel syndrome. The patient currently lives 2 hours away, and his mother, who usually helps interpret for him, is unable to attend the appointment. The office does not have anyone who is capable of interpreting sign language. Which of the following is the most appropriate next step?
A) Arrange a video interpreter to be available during the appointment at the office’s expense
B) Decline to schedule an appointment because the office does not offer the language services requested
C) Help the patient arrange for an interpreter to be present at the appointment at his expense
D) Require the patient bring a friend or family member to help interpret during the appointment
The correct response is Option A.
The Americans with Disabilities Act (ADA) requires that reasonable accommodations are provided by businesses and in public areas to allow people with disabilities to participate in daily activities. Public places include doctors’ offices. The building and spaces should accommodate all individuals regardless of disability. As a business and a public space, a doctor’s office must be in compliance with the ADA. Services cannot be denied to a patient with a disability because of the disability if services could otherwise be provided. Accommodations should be made to examine the patient with a disability as any other.
In this case, treatment for a cubital tunnel syndrome, something offered routinely by this office, cannot be declined based on the patient’s hearing deficit. In this case of a patient with a hearing issue, an interpreter must be provided to help with the appointment upon the patient’s request. This does not necessarily need to be in-person; a video interpreter can be acceptable. The patient cannot be charged for the interpreter services whether in-person or by video. The health care provider is expected to make a reasonable effort to provide the service. While having the patient bring a friend or family member to the appointment would make the appointment easier for the physician, a patient is not required to bring anyone to help interpret for him/her.
A 67-year-old man undergoes excision of a squamous cell carcinoma from the tip of his nose. The patient’s daughter, who is a physician, asks for the pathology results. Which of the following is the most appropriate response?
A) Ask the patient’s daughter to provide proof of her medical licensure
B) Have the patient’s daughter complete a medical records release form
C) Obtain the patient’s consent to release the results to his daughter
D) Refer the patient’s daughter to the pathology lab
E) Release the pathology results to the patient’s daughter
The correct response is Option C.
According to the Health Information Portability and Accountability Act (HIPAA) of 1996, it is a violation to provide personal health information about a patient without the patient’s expressed consent. Consent is ideally documented in the medical record and signed by the patient. According to HIPAA, there are specific Permitted Uses and Disclosures. A physician is “permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations: 1) To the Individual (unless required for access or accounting of disclosures); 2) Treatment, Payment, and Health Care Operations; 3) Opportunity to Agree or Object; 4) Incident to an otherwise permitted use and disclosure; 5) Public Interest and Benefit Activities; and 6) Limited Data Set for the purposes of research, public health or health care operations. Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make.” Treatment is the provision, coordination, or management of health care and related services for an individual by one or more health care providers, including consultation between providers regarding a patient and referral of a patient by one provider to another.
A university-based plastic surgery division begins planning to open an offsite ambulatory surgery center (ASC). The university is located in a state that requires a certificate of need before building an ASC. Which of the following best describes the reason for requiring a certificate of need for this project?
A) To control health care ASC costs and allow coordinated planning of new services and construction
B) To demonstrate that the ASC qualifies for Medicare funding
C) To ensure that nurses working at the ASC abide by the ethical principle of “do no harm”
D) To ensure that physicians working at the ASC abide by the ethical principle of “do no harm”
E) To require that at least one registered nurse is on-site at the ASC during surgeries
The correct response is Option A.
According to the National Conference of State Legislatures:
Certificate of need (CON) programs are aimed at restraining health care facility costs and allowing coordinated planning of new services and construction. Laws authorizing such programs are one mechanism by which state governments seek to reduce overall health and medical costs. Many CON laws initially were put into effect across the nation as part of the federal Health Planning and Resources Development Act of 1974. Despite numerous changes in the past 30 years, about 36 states retain some type of CON program, law, or agency as of 2014.
The concept of “meaningful use” in the context of the electronic medical record refers to which of the following?
A) Compartmentalization of medical records between a patient’s providers, requiring individual release forms for records in compliance with Health Insurance Portability and Accountability Act (HIPAA) regulations
B) Increasing the ability of health care systems to allow small business employers access to patient medical information for calculation of insurance premiums
C) Increasing the ability of health care systems to protect patient medical information in compliance with HIPAA regulations
D) Providing documentation of only vital signs in electronic medical records for each patient seen
E) Using electronic prescriptions when more convenient for the patient
The correct response is Option C.
Implementation of electronic medical record (EMR) is one part of updating the United States health care infrastructure. Part of utilizing EMR is the concept of “meaningful use,” which refers to using the approved EMR systems to their full potential in order to provide optimization of health care data documentation to improve the quality of health care. There are five categories that have become priorities in establishing adequate parameters of health care:
Improve quality, safety, efficiency, and reducing health disparities
Engage patients and families in their health
Improve care coordination
Improve population and public health
Ensure adequate privacy and security protection for personal health information
Which of the following individuals is at highest risk of dissatisfaction with the surgical outcome?
A) A 25-year-old man with a large amount of excess skin following a 100-lb (45-kg) weight loss who comes to the office for body contouring
B) A 35-year-old woman who comes to the office for facial rejuvenation surgery in order to advance her career as a news anchor
C) A 42-year-old woman who comes to the office with a large nasal dorsal hump and bulbous tip who is requesting an improved appearance
D) A 45-year-old mother of three with marked deflation and ptosis of the breasts who is looking for an improved appearance
E) A mother of a 3-year-old girl who brings the child in for surgery for a large congenital nevus
The correct response is Option B.
One of the psychological contraindications to plastic surgery is when a patient gauges the success of surgery on realization of a specific goal (i.e., a job promotion). Others include the patient who is unable to contemplate an imperfect result, uncertain as to which aspect to change, under emotional stress during consultation, motivated to have surgery at the request of others, and a doctor-shopper dissatisfied with the results of multiple previous procedures.
There are multiple contraindications to surgery: some anatomical and some psychological. One of the most important decisions by a surgeon is whether to perform the requested surgery. The plastic surgeon has to identify a correctable deformity or concern first. This then has to be balanced against the importance that the patient places on this deformity. According to Gorney, the patient with minor deformity but extreme concern is most likely dissatisfied with whatever the outcome. Additionally, the surgical outcome has little to do with the emotional stress.
The dissatisfied patient, once discovered postoperatively, must be handled carefully. This patient must be seen frequently and offered compassion and concern. Allow the patient to see you as the ally that you are. Offer a waiting period before performing any other operations. Consider an offer to revise an operation only if you concur with the patient’s complaints and you think you can improve the appearance. Also, sit with the patient and have a frank discussion of his/her complaints.
All the other options in the question present patients with real identifiable, correctable problems with reasonable expectations.
The ABPS Continuous Certification Program in Plastic Surgery includes yearly self-assessment and assessment of knowledge and skills. Which of the following additional criteria need to be met in order to maintain certification?
A) 300 continuing medical education (CME) credits within 3 years
B) Oral board exam after 5 years of practice
C) Verification of unrestricted state medical license
D) Written exam every 10 years
The correct response is Option C.
The ABPS Continuous Certification Program, previously known as MOC-PS, includes continuous yearly self-assessment and learning throughout the certification period(s). The requirements include four basic components: (1) professionalism, (2) life long learning and self-assessment, (3) assessment of knowledge, judgment, and skills, and (4) improvement in medical practice. Therefore, an unrestricted state medical license is mandatory, and 150 continuing medical education credits on a 3-year cycle are needed.
Of note, medical specialty certification in the United States is a voluntary process.
A 37-year-old woman comes to the office desiring breast augmentation mammaplasty, mastopexy, and abdominoplasty. The surgeon is trying to promote “mommy-makeover” procedures and asks the patient if she would be willing to participate in a video recording of her operation to be posted on social media. Which of the following statements is correct regarding the informed consent process when obtaining and posting a video to social media that includes protected health information and reveals patient identity?
A) ASPS guidelines recommend that surgeons should not participate in the posting of sensitive content via social media because of the inherent risks to patient privacy
B) A detailed consent documenting the dynamic nature of individual social media sites should be formally discussed and documented in the patient’s medical record prior to proceeding
C) Standard hospital or surgery center consent can be modified to include language about social media and should release the physician for unrestricted use of content on any platform
D) Verbal consent should be obtained the day of the operation and must be witnessed by a nurse
The correct response is Option B.
The most correct answer is that a detailed consent documenting the dynamic nature of individual social media sites should be formally discussed and documented in the patient’s medical record prior to proceeding.
In the systematic review and ethical analysis of current plastic surgery publications regarding posting of online video content, Dorfman et al. describe in detail their recommendations for posting sensitive content online.
Although there are no consensus guidelines documented in the American Society of Plastic Surgeons (ASPS) Code of Ethics, social media continues to evolve as an important part of a plastic surgery practice, as more patients report searching online to find their physicians. Authors document five ethical principles to follow when posting content online in order to “protect patients, surgeons, and the public perception of our specialty:”
Ask the patients about posting the content online and obtain a formal written consent. Full disclosure with the patient must involve specific social media sites and that the patient will have the ability to withdraw consent at any time. Legal advice may improve the quality of the consent form.
In understanding the dynamic between the physician and patient and possibility for coercion, the patient must be made aware that they may refuse consent without any punishment, penalty, and delivery of an inferior product, i.e., worse operative result.
The patient must be made aware of the dynamic nature of social media platforms, and must be fully aware that their videos will become public and permanent at the time of publishing online. Withdrawal of consent does not equate to removal of online content because even if the surgeon removes the video, it may persist online indefinitely.
Always follow the standards of professionalism published by the ASPS Code of Ethics.
The surgeon is ultimately responsible for all content disseminated online.
Which of the following is a standard for accreditation of an ambulatory surgery facility as it relates to plastic surgeons?
A) All team members of the ambulatory facility caring for pediatric patients must be certified in Pediatric Advanced Life Support
B) Ambulatory facilities are inspected every 5 years
C) Patients undergoing ambulatory surgery during general anesthesia require a responsible adult to monitor them for 1 to 2 hours after discharge from the ambulatory surgery center
D) Plastic surgeons working in the ambulatory surgery facility must be board certified by the American Board of Plastic Surgery
E) Surgeons operating in an ambulatory surgery center are required to demonstrate that they hold unrestricted hospital privileges at an acute-care hospital within 30 minutes’ driving time of the facility
The correct response is Option E.
The American Association for Accreditation of Ambulatory Surgery Facilities (AAAASF) requires surgeons to be Board Certified or Board Eligible with a Board recognized by the American Board of Medical Specialties. A patient who underwent general anesthesia needs a responsible adult to supervise him/her for 12 to 24 hours. Surgeons are required to demonstrate that they hold unrestricted hospital privileges at an acute-care hospital within 30 minutes’ driving time of the ambulatory facility. If pediatric patients are cared for, at least one member of the team needs to be certified in Pediatric Advance Life Support (PALS). Ambulatory care facilities are inspected every 3 years by the AAAASF.
A study compares a new injectable neuromodulator drug against placebo for the treatment of glabellar lines. The authors of the study report that if this drug performs no differently than placebo, there is a 0.4% chance that repeating the study will show the same or greater calculated differences between the two groups. Which of the following terms refers to this concept?
A) Alpha
B) p-value
C) Power
D) Type I error
E) Type II error
The correct response is Option B.
The p-value is a calculated value that quantifies the probability of obtaining data equal to or more extreme than the data observed on a study, should the null hypothesis be true (eg, the new drug in reality is NOT more efficacious than placebo).
Type I error is the erroneous rejection of a true null hypothesis (eg, a study shows that a new drug is more efficacious than placebo, when in reality it is not).
Alpha is the probability of making a type I error (rejecting a true null hypothesis). It is an assigned value determined by the researcher. A value of 5% is often chosen in medical literature.
Type II error is the failure to reject a false null hypothesis (eg, a study shows that a new drug is no different than placebo, when in reality it is more efficacious). Beta is an assigned value by the researcher that represents the probability of making a type II error. Power of a test of statistical significance is the probability that it will reject a false null hypothesis. It decreases as beta increases (power = 1–beta).
Power of a test may be influenced by multiple factors, including sample size and magnitude of the measured effect.
Which of the following forms of communication is compliant with the Health Insurance Portability and Accountability Act (HIPAA)?
A) E-mailing the confidential information using an encrypted patient portal server
B) Leaving protected information on the patient’s voicemail
C) Placing a sealed folder with patient records under the attending physician’s office door
D) Texting medical information to a password protected smart phone
E) Transferring the patient records via a non-encrypted flash drive
The correct response is Option A.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is United States legislation that provides data privacy and security provisions for safeguarding medical information. Unauthorized release of any confidential or identifying information, which can be linked to an individual patient, is considered a violation of the law, with penalties ranging from fines to incarceration. The secure, private transmission of Protected Health Information (PHI) is allowed between two treating health-care professionals, provided that the communication is confidential and not at significant risk of breach or theft. Transmission of PHI via social media, e-mail, and other electronic methods must be done through a combination of safeguards that involves encryption. Although the legal understanding of how to communicate PHI continues to evolve, these devices must meet institutional requirements for security.
Since August of 2013, manufacturers of medical devices and pharmaceuticals must report physician payments greater than .00 or annually. Centers for Medicare & Medicaid Services (CMS) has now publicly released this information in compliance with which of the following legislative mandates?
A) Government in Sunshine Act
B) The Health Insurance Portability and Accountability Act
C) The Patient Safety and Quality Improvement Act
D) The Physician Reporting Act
E) The Protecting Access to Medicare Act
The correct response is Option A.
The CMS Sunshine Act is also known as Open Payments. It mandates that manufacturers of devices, biologics, drugs, and medical supplies, and reports all physician payments starting on August 1, 2013. Starting March 31, 2014, the manufacturers began reporting. Payments of less than are exempt from reporting. Aggregate annual totals of or more per company must be disclosed. CMS plans to release the reported payment information on a public Web site by September 30, 2014. The Protecting Access to Medicare Act mandates that implementation of ICD-10 does not begin until FY16. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 provides rules about individual health information identifier protection. The Patient Safety and Quality Improvement Act of 2005 is legislation regulating the protection of patient safety work product and enforcement activities. The Physician Reporting Act does not exist.
A hospital undertakes a root cause analysis to investigate a wrong-site surgery. The first step is to determine if there was compliance with the Universal Protocol mandated by the Joint Commission. Which of the following is a required component as mandated by the Universal Protocol?
A) Insurance pre-authorization for the procedure
B) Preoperative marking of the surgical site
C) Surgical debrief immediately following the procedure
D) Use and documentation of a safe surgery checklist
E) Use of standardized preoperative order templates for common procedures
The correct response is Option B.
In 2003, the Joint Commission (formerly, the Joint Commission on Accreditation of Healthcare Organizations or JCAHO) made the elimination of wrong-site surgeries a national patient safety goal and the following year required compliance with the Universal Protocol for Preventing Wrong Site, Wrong Procedure, and Wrong Person Surgery. The Universal Protocol requires three separate steps:
The proper preoperative identification of the patient by the three members of the team (surgeon, anesthesiologist, and nurse)
Preoperative marking of the surgical site
A final “time out” just prior to the surgery or procedure regardless of where it is performed
Use and documentation of a safe surgery checklist is a new quality reporting program implemented by the Centers for Medicare and Medicaid Services (CMS) for ambulatory surgery centers and became part of the payment determination in 2015. Although this has been used to help fulfill the requirements of the Universal Protocol, it is not a required component of the Universal Protocol.
Incorporating a debrief immediately following a surgical procedure is a typical hospital policy requirement and good medical practice, but will not prevent wrong site, wrong procedure, or wrong person surgery. It is not a required component of the Joint Commission’s Universal Protocol.
Use of standardized preoperative order templates and insurance pre-authorization is not a required element of the Universal Protocol.
Which of the following scenarios represents a medical “near miss” event?
A) A patient consented for a right carpal tunnel release is surgically prepped for a left carpal tunnel release
B) A patient describes breast firmness and asymmetry three months after implant augmentation
C) A patient develops an asymptomatic pneumothorax after central venous catheter placement
D) A patient prescribed hydroxyzine is treated with hydralazine
E) A patient with a penicillin antibiotic allergy is treated with a cephalosporin antibiotic
The correct response is Option A.
This patient has the potential to suffer a wrong site surgery if time-out protocols were not established. The surgical preparation error is a near miss. A “near miss” is an unplanned event that does not result in injury, illness, or damage, but has the potential to do so.
It is within the standard of care to treat patients who report penicillin antibiotic allergies with a cephalosporin antibiotic. Patient with a true penicillin allergy have about a 10% cross-reactivity with cephalosporin antibiotics. Treating a patient prescribed hydroxyzine with hydralazine is a look-alike, sound-alike medication error. Pneumothorax after central venous catheter placement is a complication of the procedure. Breast implant contracture is an inherent risk of breast implant augmentation.
A 50-year-old man recently enrolled in a new health insurance plan under the Affordable Care Act. Which of the following benefits is NOT offered as a basic service to this patient?
A) Dental care
B) Mental health and substance use treatments
C) Prescription drugs
D) Preventative services
E) Rehabilitation services
The correct response is Option A.
The Affordable Care Act (ACA) signed into law in 2010 began enrollment in 2013. One of the most fundamental components of the ACA was that any new health insurance plan must offer ten “Essential Health Benefits.” These include: 1) outpatient care; 2) emergency room visits; 3) hospitalization; 4) maternity and newborn care; 5) mental health and substance use treatments; 6) prescription drugs; 7) rehabilitation and rehabilitative services and devices; 8) laboratory tests; 9) preventative services and chronic disease care; and 10) pediatric services including dental and vision. Because the individual in the vignette is 50 years old, his new plan will not cover basic dental services.
A plastic surgery resident is participating in a study that involves review of outcomes of patients with breast cancer who underwent immediate breast reconstruction with tissue expanders during the past 10 years and have subsequently received radiation therapy. In collecting these data within the guidelines of the Health Insurance Portability and Accountability Act (HIPAA), which of the following patient characteristics can be collected without patient consent?
A ) Age
B ) E-mail address
C ) Medical record number
D ) Name
E ) Telephone number
The correct response is Option A.
The Health Insurance Portability and Accountability Act (HIPAA) was amended to include the Standards for Privacy of Individually Identifiable Health Information, i.e., the Privacy Rule, to protect the privacy of medical records. Implementation of the new regulations was mandatory as of April 14, 2003.
The HIPAA Privacy Rule states that patients must be notified of their rights with respect to their medical information, including the right to restrict the use and disclosure of such information, the right to inspect and copy their records, the right to amend their records, and the right to an audit of any disclosure of their records. Covered entities including health plans, health care clearinghouses, and health care providers are required to obtain specific written authorization from a patient to use or disclose health care information that is linked to that patient. This includes medical records used for the purpose of medical research.
Patient authorization can be waived and medical records accessed without institutional review board (IRB) review or individual patient consent in two circumstances: preparing a research protocol, as long as access to medical records is needed for its preparation, and no protected medical information is removed from the site; and performing research that concerns only people who have died. In all other cases, waivers can only be obtained from an IRB or privacy board if specific criteria are met. Once a waiver is granted, the medical information must be ?de-identified? in one of two ways. The first is for a knowledgeable statistician to determine that the risk of identifying an individual patient from the information disclosed or used is ‘very small’ and to document the methods and results used to arrive at this conclusion. The second is to strip the records of identifiers including name; address; telephone and fax numbers; e-mail address; Social Security, medical record, health plan, and account numbers; certificate, license, vehicle, and medical-device serial numbers; biometric identifiers; full-face photographs; and any other unique identifying number, characteristic, or code to provide legal protection against the charge of a violation of privacy.
The collection of age (but not date of birth) and gender of patients from medical records for a retrospective research study are not identifiers that violate this policy.