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Law & Ethics
Fill in the Blanks
| Question | Answer |
|---|---|
| All people have a duty to exercise______care not to harm others and their property. | reasonable |
| Employers are vicariously liable for their employees' ________within the scope of their employment. | actions |
| Medical_______may be required to give a deposition as part of a court case. | coders |
| ______laws help protect patients from incompetent, unqualified medical personnel. | Licensure |
| Medical Coders are required to have at least ______coding certification. | One |
| A/an ______is the transfer to a higher court of a case decided in a lower court to review it for errors of law. | appeal |
| ______Is a way of collecting evidence that can be used at trial. | Discovery |
| In a/an _______trial, a judge serves as the fact-finder and hears the case. | bench |
| ______occurs when a professional organization represents that the certified person has passed a test, completed a course of study, or demonstrated knowledge or skills in some other way. | Certification |
| Medical coders can never _______about a procedure performed. | Speculate |
| The defenses available to a defendant in a medical malpractice action are_____negligence,________negligence, _________of risk,______statutes, and statutes of _______. | comparative, contributory, assumption, Good Samaritan, limitation |
| Assumption of risk is ________acceptance of a known danger. | voluntary |
| A/an ______person is a prudent individual whose behavior would be considered appropriate under the circumstances. | reasonable |
| ______negligence describes any unreasonable behavior on the patient or plaintiff's part that contributed to an injury. | Contributory |
| In a/an ______, the testimony of an expert witness sets a professional standard against which the defendant's adequacy is compared. | trial |
| Good Samaritan statutes were enacted to protect healthcare professionals from ________. | liability |
| _______is associated with any professional misconduct. | Malpractice |
| ______is an unintentional act that results in injury to another person. | Negligence |
| _____is the duty to prove an element of a claim in a lawsuit. | Burden of proof |
| _____requires that a physician communicate information with the patient concerning medical treatment. | Informed consent |
| Most medical malpractice cases are civil____. | negligence |
| A/an ____is a crime punishable by one year or more imprisonment. | felony |
| A/an ___may be punished by imprisonment or fines. | misdemeanor |
| A healthcare provider commits ____ if he/she knowingly bills for procedures and laboratory tests that weren't performed. | fraud |
| Doctors can be charged with ___in connection with medical treatment they provide, and the patient can sue for____. | crimes, negligence |
| Doctors are obligated to report child___ as an exception to normal privacy laws. | abuse |
| The False Claims Act criminalizes fraud committed in connection with _____. | billing |
| Certain procedures aren't reimbursable under medicare if they're performed by a medical______ rather than by a/an_____. | assistant, doctor |
| Forgiving_____may cause problems with Medicare and private insurance companies. | copayments |
| Doctor's can't charge a fee for sending Medicare patients to other______. | doctors |
| ____is a system of courteous social behavior in a particular culture. | Etiquette |
| ____can be defined as the pursuit of wisdom. | Philosophy |
| An ethical conflict for physicians who participate in managed care is the role of ____versus the duty to the patient's welfare. | Gatekeeper |
| ____is the study of the origin of our ideas of right and wrong. | Metaethics |
| As in most professions, ____and ____ dress are appropriate professional etiquette for healthcare professionals. | politeness, professional |
| The ____Oath is outdated, but it still relates to the medical profession. | Hippocratic |
| Either Hippocrates or one of his students wrote the Hippocratic Oath in the ____ century B.C.E. | Fourth |
| A philosopher named _____wrote the first book of etiquette during the Fifth Egyptian Dynasty between 3580 B.C.E and 3536 B.C.E. | Ptah-Hotep |
| The____was drafted after World war II. | Nuremberg Code |
| Under the ____, a donor must be at least 18 years old to make an anatomical gift. | Uniform Anatomical Gift Act |
| A_____is an epidemic, or a sudden outbreak, that becomes very widespread and affects a whole region, a continent, or the world. | pandemic |
| A law requiring pregnant victims of incest to have abortions is an example of medical _____. | paternalism |
| ____causes acquired immune deficiency syndrome (AIDS). | Human immunodeficiency virus (HIV) |
| If a____is in critical condition and his or her parents refuse to consent to medical treatment, courts will likely order the treatment. | minor |
| The___is an example of medical experimentation on humans without informed consent. | Tuskegee Study |
| The sale of organs is ____in the United States. | Illegal |
| The United States ranks ____on a variety of quality measurements of healthcare used by the WHO. | 37th |
| _____are lists of approved drugs from which doctors must prescribe to have insurance cover the pharmaceuticals. | Formularies |
| ____, or RU-486, is an artificial steroid that's safe through the seventh week of pregnancy. | Mifepristone |
| Positive____encourages reproduction by those considered genetically superior. | eugenics |
| A____is a parent's claim against a doctor who failed to detect a birth defect in time to terminate a pregnancy. | wrongful birth tort |
| In some states, women who abuse drugs and alcohol while they're pregnant can be prosecuted for child____or____. | neglect, abuse |
| Some states have laws allowing doctors to refuse to provide abortion services and counseling based on _____and _____. | religious, moral |
| People disagree as to whether an embryo should be classified as _____or as a _____. | property, person |
| State laws to restrict abortion ______to a fetus becoming viable can't place an undue burden on a woman's right to terminate a pregnancy. | prior |
| Griswold v. Connecticut related to_____. | contraception |
| A wrongful life tort is based on a child's right not to_____. | live |
| ____are required to determine if their patients have executed advance medical directives. | Hospitals |
| _____was convicted of illegally administering a controlled substance without a license to practice medicine. | Jack Kevorkian |
| Most hospitals receive ____and______. | Medicaid, Medicare |
| Most states have laws authorizing advance medical directives such as ______. | living wills |
| A_____is a person who is authorized to make decisions for another person. | proxy |
| No state in the United States allows______. | euthanasia |
| Oregon is one of several states that has a law permitting assisted_____. | suicide |
| In the ______case, the U.S. Supreme Court ruled that patients have a constitutional right to reject medical treatment and choose to die naturally. | Cruzan |
| The U.S Supreme Court ruled that ______is not a constitutional right protected by the Fourteenth Amendment. | assisted suicide |
| A_____is to command issues created by the court and a _____is used to get a release of information. | subpoena, court order |
| A subpoena_____requests production of records, documents, and other things. | duces tecum |
| Where treatment of _____abuse is present, special confidentiality requirements may apply. | substance |
| Under_____, records may be disclosed pursuant to a subpoena, provided certain assurances regarding notice to the patient or a protective order is provided. | HIPPA |
| A____does not have to give testimony to establish the foundation and trustworthiness of records being admitted under the exception to the hearsay rule. | doctor |
| A motion indicating an objection to releasing information in a medical record is called a/an ______. | motion to quash |
| The exception to the hearsay rule that allows medical records to be introduced into evidence is called the______. | business records exception |
| There is not one clear standard regarding how long records must be _______. | retained |
| ______of ______play a role in determining how long records should be retained. | Statutes, limitations |
| _____have the right to correct errors in their medical records. | Patients |
| _____creates a procedure for responding to patient requests to correct records. | HIPPA |
| Corrections to a medical record should be made by the _____who entered the error. | person |
| If a medical record is corrected, the original entry should also be ______. | kept |
| The method for correcting ______records is slightly different from the method for correcting _____records. | electronic, written |
| _____records can be the basis for a malpractice claim. | Incomplete |
| There is not a single standard for what should go into a medical____. | record |
| Medical records are not just used for _____purposes. | clinical |
| The___doesn't specifically list a right of privacy. | Constitution |
| The doctor-patient privilege applies to testimony in a _____. | trial |
| The____provides exceptions that protect medical information. | Freedom of Information Act (FOIA) |
| ____law do not define the scope of doctor-patient privilege. | Federal |
| Although____confidentiality obligations aren't legally binding, they've been used by courts to impose liability on physicians. | ethical |
| ____information can be released, even if a patient does not consent. | Medical |
| A special exception to consent requirements exists in _____situations. | Emergency |
| De-identified protected health information (PHI) isn't subject to the final _____Rule. | Privacy |
| The final Privacy Rule requires that patients be given notice of PHI _____and ____. | use, disclosure |
| The Privacy Rule allows sharing PHI with other _____for treatment purposes with authorization from the patient. | health personnel |
| The Privacy Rule allows sharing PHI with _____paying for the care with authorization from the patient. | insurers |
| Under the final Privacy Rule, ____are generally the representatives of their minor children. | parents |
| In most cases, the final Privacy Rule requires that only the _____information necessary to accomplish the purpose of the disclosure be released. | minimum |
| ____data sets may be disclosed without authorization from the patient, provided the recipient makes certain representations and agreements. | Limited |
| PHI may be released for _____if approved by an institutional review board or privacy board. | research |
| ____are entitled to an accounting of the use and disclosure of their PHI. | Patients |
| Patients can require that _____providers restrict otherwise permitted use of PHI. | healthcare |
| Under the final Privacy Rule, an authorization to release PHI must have an expiration____or an expiration______. | date, event |
| The____is responsible for enforcing safety rules in the workplace. | Occupational Safety and Health Administration (OSHA) |
| The OSH Act covers employees in the ____sector and many employees in the _____sector. | private, public |
| OSHA standards cover preventing exposure to _____diseases. | infectious |
| Employees may choose to remain _____when they file their complaint. | anonymous |
| A______is an employee who informs OSHA of illegal activity. | whistleblower |
| Chemicals in the hospital setting are usually found in the ____but less likely found in the billing and coding department. | laboratory |
| Authorization for release of substance abuse information requires specifying the _____for which the information is being used. | purpose |
| A substance abuse facility may not acknowledge admission or treatment of any _____or _____patients. | present, past |
| ______in substance abuse treatment programs must be given notice of their confidentiality rights. | Patients |
| In a/an _______, substance abuse information may be released without authorization. | medical emergency |
| If_____consent is required for release of information, then both the minor patient and the parent should sign the release. | parental |
| ____requirements for mental health records may be more extensive than for other medical records. | Content |
| ____health records may consist of both an official record and a personal record. | Mental |
| Some states use an ____system through which birth family members can file their consent to the release of identifying information. | affidavit |
| Laws have been passed prohibiting _____from charging higher premiums to people with "bad genes." | insurers |
| The____is designed to prevent the discriminatory use of genetic information by employers and insurers, | Genetic Information Nondiscrimination Act |
| Some states have passed laws allowing anonymous _____testing. | HIV |
| Most HIV testing today is ____rather than____. | voluntary, mandatory |
| Medical protocol often calls for a _____HIV test to confirm a positive result. | second |
| Many states require physicians to give the patient certain pretest information prior to administering a/an _____test. | HIV |
| Some state laws require ____testing for HIV in certain circumstances. | mandatory |
| _____who require testing of HIV may have to show a bona fide job related reason why the HIV testing should be required. | Employers |
| Privacy protections do not prohibit healthcare providers from reporting positive HIV results to ______authorities. | public health |
| People with HIV are more vulnerable to other ____than people without HIV. | diseases |
| The____recommends routine HIV testing of all patients ages 13 to 64. | Centers for Disease Control and Prevention (CDC) |
| Rapid HIV tests can give results in about _____minutes. | 20 |
| Medical incident reports distributed to the facility's attorney will likely be protected only by ____privilege. | attorney-client |
| _____requires that a person at a medical facility be named as the privacy officer in charge of seeing that privacy policies are created and implemented. | HIPPA |
| An entity making medical malpractice payments must inform the ____of these payments. | NPDB |
| A purpose of risk management is to implement measures to prevent or reduce ____risks. | future |
| ____management is traditionally performed by peer review committees. | Quality |
| Hospitals must check data in the _________ Data Bank before admitting new doctors to the medical staff. | National Practitioner |
| The fact that records are made in the ordinary course of business is part of the foundation necessary for the business records ______. | exception |
| A medical-records ____should know the hardware, software, and procedures for data entry to lay a foundation to admit medical records. | custodian |
| HIPPA security and privacy rules apply to _____of electronic medical information. | storage |
| _____can aid in associating a patient with his/her correct medical records. | Biometrics |
Created by:
Steph_Matt
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