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291 Cards in this Set
- Front
- Back
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LAW CH 7
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LAW CH 7
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Legal document specifying an individual's healthcare wishes if pt has a temporary/permanent loss of competence
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Advance Directive
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Power of Attorney that remains in effect even after principal is incapacitated; can be drafted to take effect only when principal becomes incapacitated
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Durable Power of Attorney (DPOA)
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Legal instrument - Principal appoints Agent to make healthcare decisions on principal's behalf if principal become incapacitated
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Durable Power of attorney for Healthcare Decisions (DPOA-HCD)
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Form covering routine diagnostic procedures/medical tx by hospital staff, ROI for tx purposes, disposal of human tissue/body fluids
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General Consent
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Federal legislation prohibiting discrimination by health insurers/employers based on genetic info
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Genetic Information Nondiscrimination Act (GINA)
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State law or statute that protecting healthcare providers from liability for not obtaining informed consent before care to adults/minors at scene of emergency/accident
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Good Samaritan Statue
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Consent for medical tx communicated through person's conduct or other means besides words
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Implied Consent
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Consent where pt should have basic understanding of which medical procedures/test may be performed & risks, benefits & alternatives
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Informed Consent
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Committee of at least five members w/ varying backgrounds -determines acceptability of human subjects research w/institutional policies, applicable law & standards of professional practice/conduct
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Institutional review board (IRB)
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Document by competent adult expressing wishes to limit tx measures when specific health-related diagnoses/conditions exist
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Living Will
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1991Law requiring healthcare institutions that bill Medicare or Medicaid for services to provide adult patients w/ info of various types of advance directives
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Patient Self-Determination Act (PSDA)
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Legal instrument used by principal (person) to grant legal authority to 1 or > agents to make certain legal/financial decisions on behalf of principal
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Power of Attorney (POA)
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Doctrine that has historically allowed physicians to withhold info from patients in limited circumstances
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Therapeutic Privilege
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Consent that is conveyed through spoken or written words
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Expressed Consent
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Physician performing surgical procedure on a pt w/out obtaining pt’s consent may be liable for
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Battery
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GINA
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prohibits discrimination based on genetic info
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The Uniform Health–Care Decisions Act (UHCDA)
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provides an additional option to creating advance directives
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Emancipated minors are defined as those who have
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been afforded legal status as an adult
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State laws most likely permit a minor to consent on their own behalf for
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alcohol addiction
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Advance directive in which an individual states that healthcare providers should not perform CPR if the individual experiences cardiac arrest or cessation of breathing
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do not resuscitate (DNR) order
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Individual who is mentally capable and is at or above the age of majority
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competent adult
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Individual who is no longer capable of controlling actions due to illness, injury or disability & control over this individual is through an agent or guardian
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incompetent adult
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Afforded legal status as an adult, like, by marriage that provide that the minor and his or her patents agree to this and the minor is self-supporting and living independently
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Emancipated Minors
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Minor's right to seek treatment without parental consent in
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minor seeking treatment for STD's, minor seeking treatment for alcohol & substance abuse, emancipated minor seeking treatment for breast enlargement
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Minor's right to seek treatment without parental consent EXCEPT a
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minor seeking treatment for breast reduction
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The ideal consent for medical treatment obtained by the physician is
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informed
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Patient consent is not needed in an emergency
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Implied Consent
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If an individual is in an emergency condition and does not have capacity to communicate consent
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consent is implied by law
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Patient signs consent form, authorizing hospital staff to perform interventions necessary for overall medical care
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General
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Informed consent requires informing the patient of all except
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hospital charges versus amount covered by insurance
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Informed consent requires informing the patient of
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nature and purpose of proposed treatment, risks and benefits of proposed treatment, alternatives to proposed treatment
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If proposed medical intervention is related to a research study
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institutional review board approval is required
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Laws that require drivers to consent to blood alcohol tests, with penalties for refusal, probably exist to
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protect the public
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GINA applies to
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health insurers, group health plans, employers with 15 or more employees
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Under HIPAA, compound authorizations
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combine informed consent with authorization for use and disclosure of a research subject’s health information
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Advance directives
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provide a way for individuals to communicate their healthcare wishes before they become incapacitated
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If it is not durable, a power of attorney (POA) is effective
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only when the principal has capacity
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A living will
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expresses an individual’s healthcare wishes when specific health conditions exist
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In In re Quinlan, the court held that
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an incompetent individual has a right of privacy to terminate treatment
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In the Cruzan case, the Missouri Supreme Court held that no one can make end-of-life choices on behalf of an incompetent person without
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clear and convincing evidence
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The end-of-life controversy in the Terri Schiavo case included
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a question about the authority of legislative bodies to intervene in judicial matters
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State laws most likely permit a minor to consent on their own behalf for
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alcohol addiction / TX FOR STD's
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Prudence has been experiencing abdominal pain. Removal of her gallbladder has been recommended. Who is responsible to obtain her informed consent?
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the physician who will be performing the surgery
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T/F A person must give permission to receive medical treatment through express consent
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True
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T/F Informed consent should include alternatives to the proposed treatment or procedure
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True
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T/F The law permits a presumption of consent during emergency situations
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True
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T/F The Genetic Information Nondiscrimination Act (GINA) applies to any entity that has the potential to make a decision about a person based on that person’s genetic information
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False
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T/F Compound authorizations combine informed consent with authorization for the use and disclosure of a research subject’s health information
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True
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T/F Unless it is designated as durable, a power of attorney is only effective when the principal has capacity
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True
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T/F A durable power of attorney for healthcare decisions expresses an individual’s wishes to limit treatment measures when specific health-related diagnoses or conditions exist and the individual cannot communicate on his own behalf
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False
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T/F The Patient Self-Determination Act requires hospitals that are Medicare providers to document in the health record whether an individual has an advance directive
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True
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T/F The Uniform Anatomical Gift Act permits an anatomical gift by any person designated to make decisions about a decedent’s remains
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True
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T/F The technical process for executing a living will is standardized nationally
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False
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T/F A competent adult’s right to refuse consent to medical treatment applies even when the treatment is lifesaving
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True
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T/F In right-to-die cases, courts will balance an individual’s right to self-determination against the interest of the state
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True
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T/F The Uniform Health-Care Decisions Act suggests that in the absence of a surrogate, a spouse be the first person to make healthcare decisions on behalf of an individual who has lost mental capacity
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True
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T/F An emancipated minor is one who has not been afforded legal status as an adult
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False
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T/F State laws generally allow minors to seek medical treatment for sexually transmitted diseases without parental consent
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True
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T/F Battery is the usual basis of a claim for which an individual did not give consent for a procedure that was performed
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True
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T/F The basis for a lack of informed consent claim is generally negligence
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True
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T/F A treating provider should delegate the informed consent process to another person
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False
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T/F General consent allows healthcare providers to provide routine noninvasive services
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True
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T/F Both written and oral consent should be documented in an individual’s health record
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True
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Promotes consistency among state laws, suggests standards and includes an opt–in system
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Ihe Uniform Anatomical Gift Act
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Is a type of advance directive used in emergency situations and may be revoked at any time
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A do–not–resuscitate order DNR
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When a competent adult refuses to consent to lifesaving treatment, the two competing sets of interest that come into play are the individual’s privacy interest and
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the government's interest in protecting and preserving human life.
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Requires an executed informed consent be placed in pt's health record prior to surgery, unless not possible because of an emergency
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The Joint Commission
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Providers who fail to properly explain ALL the risks of the surgery to a pt
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negligence
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Ability of a patient to waive the right to informed consent
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Waiver
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Separated & divorced parents of a minor
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healthcare providers may first seek consent from the custodial parent. However state law should be followed regarding relative rights
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CH 1 LAW
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CH 1 LAW
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Record of electronically stored info from clinical systems (lab, radiology, pharmacy, nursing) & w/ paper documents
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Hybrid Record
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Ethical principle of justice
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Obligation to be fair in benefits & risks
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Health info on individual from multiple sources – managed, shared & controlled by individual
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Personal Health Record
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Statement of HITECH Act of 2009 that's not true
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Lessens scope of privacy & security protections under HIPAA
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Statements of HITECH Act of 2009 that IS true
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Promotes creation of national health info infrastructure, Sharing info through HIE's, Supports adoption of meaningful use of EHR systems
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Standards of behavior as result of one’s concept of right or wrong
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Ethics
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Ethical principle of beneficence
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Doing good, promoting health & welfare of others
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Protecting citizens in civilized society – establishes order, parameters for conduct, defines rights & obligations of government & citizens
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Law
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Health info on individual conforming to national standards – created, managed & consulted by authorized clinicians/staff across >1 healthcare organization
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EHR
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If a doctor abides by decision of family member instead the pt who is of sound mind/body, he's violating ethical principle of
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Autonomy
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Ethical principle violated when ROI on celebrity is given to National Enquirer about her pregnancy
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Nonmaleficence
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Confidentiality
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Protection of health info in pt–provider relationship
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Owner of medical record
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NMMC
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Amelia, AHIMA member, is coding ER records for Caring Heart Hospital. What's a direct conflict w/Code of Ethics
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Coding higher level of ER visit than what Dr. provided, Assigning E code to avoid argument w/supervisor, Coding ER w/out Dr's note
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Use for health info
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Evidence in malpractice case, Treat John's pneumonia, Report #HIV cases in MS
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Responsible for protecting privacy & security of health info in organization
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HIM Professional
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Contains forms of health info that should be protected
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Phone Convo w/nurse confirming test results, Copy of H&P, Electronic Version of Old MAR
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Law addressing privacy & security of health records
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HIPAA
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Privacy's NOT a constitutional right – How's rights provided for individuals
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Court Decisions, State Law, Federal Law
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Relationship considered privileged communication
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Convo 'tween me & my pastor, Call 'tween Dr. Smith & I about seizure I had recently, Meeting w/lawyer about my divorce
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NOT a right granted to patients according to HIPAA
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Right to Destroy Records
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“Custodian of Health Records” refers to individual w/in organization who's responsible for these actions
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Authorized to certify records, Supervises inspection/copying of records, Testifies to authenticity of records
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Many laws address patient privacy & confidentiality. What resources address provider’s responsibility for keeping health info private
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Professional Code of Ethics
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Ethical principle violated you as a manager doesn't show fairness to all employees
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Justice
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Legal term where pt has right to limit disclosure of personal info
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Privacy
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Traditional legal custodian of health records
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Director of Health Info
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NOT considered an ethical dilemmas
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Cost of Tx
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Law helped establish national infrastructure for health info
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ARRA
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T/F: HITECH widens scope of privacy & security protections under HIPAA
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True
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T/F: In malpractice case, a professional code of ethics may be used as benchmark for acceptable practice by healthcare professional
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True
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Groups' having interest in protection of health info
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AMA, AHIMA, AMIA
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T/F: You can break a code of ethics & still not break the law
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True
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LAW CH 2
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LAW CH 2
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Dispute submitted to 3rd party & outcome agreement is reached by parties
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Mediation
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Each branch of gov't given limited authority under
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Separation of Powers
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Severity adjusted DRG' is a high profile regulation finalized by
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CMS
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Legislative body enacts
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Statutory Law
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Trial courts hearing serious criminal/civil cases involving large amts of money
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Courts of General Jurisdiction
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"A matter already judged" prohibiting subsequent lawsuits about same matters & parties once decision been made by court & all appeals been exhausted
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Res Judicata
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Deeming authority granted by US Dept HHS
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TJC
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NO Deeming authority granted by US Dept HHS
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AMA
CMS AHIMA |
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1 or > advantages of arbitration over utilizing court systems to resolve disputes
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Time Savings
Cost Savings Increased Privacy |
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Federal cabinet–level agencies, like HHS, comes under this branch of gov't
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Executive
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Common law based on
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Judicial Decisions
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AKA Case Law
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Judicial Law
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Mitzie, an attorney, presents evidence that her client didn't fraudulently bill Medicare for surgeries. She's representing the
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Defendant
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Criminal law is a type of
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Public Law
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Under concept of stare decisis
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Lower courts look to higher courts in same system to determine outcome
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Federal court of appeals has legal control over cases involving federal statutes. This legal control is
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Jurisdiction
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President Obama is part of which branch of federal gov't
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Executive Branch
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Hope's looking in code of federal regulations for new updates to HlPAA law; What title/section would she find it
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CFR 42
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Legal doctrine limiting excessive litigation by prohibiting subsequent lawsuits about same matters/parties once decision's been made & all appeals exhausted
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Res Judicata
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Restriction involving diversity jurisdiction is
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No plaintiff can be from same state as any of defendants
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Medical malpractice case is submitted to 3rd party instead of resolved in court system – 3rd party makes final decision regarding case
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Arbitration
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Lowest court in tiered structure of state court system in nearly every state
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Trial Court
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CDC located in US
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Department of Health and Human Services (HHS)
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In federal court system, appellate courts AKA
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Circuit Courts
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TJC issues standards having
a) None listed b) same legal authority as regulations issued by administrative agency c) decision rendered by appellate court d) statute enacted by legislature |
a
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Medical malpractice appeal brought by Catherine Dimetrie against Sacred Grace Hospital has just concluded & court's decision in favor of the hospital – Court's written determination outlining facts of case & legal theories followed to reach its outcome is
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Opinion
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Federal Trial Courts AKA
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District Courts
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Lawsuit brought against a gov't is
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Court of Claims
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Appellate courts hear appeals on final judgments of
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Trial Court Decisions
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If MS & AL laws conflict
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Each state follows its own law
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Authority of TJC is most equivalent to that of
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Commission on Accreditation of Rehabilitation (CARF)
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Collection of federal statues is found in a
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Code
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Type of actionJudicial decisions may be based on
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Disputes between individuals
Challenges to constitutionality of statue |
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Statutory law derives from this branch of gov't
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Legislative
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Collection of federal statutory law is
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United States Code
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Dispute submitted to disinterested 3rd party & 3rd party settles case
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Arbitration
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Lawsuit filed by Ryan Cassidy, AL resident, against hospital in Maine alleging wrongful disclosure of pt's confidential info – This lawsuit could be filed in
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Federal District Court
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Principle of law serving as guide in similar subsequent cases is
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Precedent
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Alternative dispute resolution is acceptable option to resolving cases via court systems for
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Civil Cases
Criminal Cases |
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Least amt of representatives a state can have representing them in House of Representatives
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1
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Used by a party when they want Supreme Court to hear a case res judicata brief Correct! none of the above
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Writ of Centiorari
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LAW CH 3
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LAW CH 3
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He/She acting through self representation
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Pro Se
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Claim by defendant against plaintiff
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Counterclaim
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Claim by 1 party against another party who's on same side of main litigation
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Cross-Claim
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Action by defendant to bring in (join) outsider as co-defendant
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Joinder
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Gov't official who officially maintains documents associated w/ legal actions filed in that court system
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Clerk of Court
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Following commencement of lawsuit, next pretrial stage is
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Discovery
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Period leading to trial, allows all parties to use various strategies to discover/obtain info held by other parties & to assess strengths/weaknesses in each party's case
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Discovery
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Limits on parties to discover pretrial info held by another
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Discoverability
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Evidence allowed to be admitted in court of law & considered by judge or jury in making final determination about case
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Admissibility
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Formal proceeding - oral testimonies of individuals are obtained
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Deposition
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Required to establish authenticity/genuineness of health record introduced as evidence
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Testimony
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Verification of record's validity, reliability & truthfulness as evidence
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Authentication
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Physical/mental conditions of party is in question, opposing party may request an independent
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Physical Examination/Mental Examination
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Gives defendant notice of lawsuit & explains defendant's procedural obligations
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Summons
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Once complaint is filed, copy is served on defendant along with the
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Summons
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Instructs recipient to personally appear & produce documents/other records
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Subpoena Duces Tecum
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To be valid a Subpoena must be accompanied by
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Patient Authorization
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Subpoena can be these in nature
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Civil, Criminal, Administrative
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Document issued by Judge that compels certain action; testimony or production of documents like health records
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Court Order
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Written objections to subpoena are often made in form of a
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Motion to Quash
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T/F : A subpoena is another name for court order
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False
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T/F : In most cases, a subpoena for health records must be accompanied by patient authorization
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True
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T/F : Written objections to subpoenas may be made in a motion to squash
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True
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T/F : A subpoena duces tecum primarily seeks an individual's testimony
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False
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T/F : Material should always remain in health record that's been subpoenaed, even if material wasn't requested in subpoena
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False
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Judge's written order authorizing law enforcement officer to conduct search of specified place to seize evidence
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Judicial Search Warrant
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Trial w/out jury
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Bench Trial
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Fact-finding body hears evidence given by parties/witnesses, observes evidence presented by both sides & hears opening statements/closing arguments of each side
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Jury
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Called to testify based on subject matter expertise rather than on personal observations; wasn't present when situation prompted lawsuit occurred
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Expert Witness
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T/F : Cases are rarely settled before they reach trial
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False
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T/F : Judicial search warrants are more likely to be used to obtain health records in criminal cases than in civil cases
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True
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T/F : An expert witness is called to testify based on her own observations of the situation that prompted the lawsuit
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False
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T/F : A bench trial is a trial without a jury
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True
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Following pretrial period, if parties unable to negotiate a settlement, case goes to
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Trial
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Jury selected through process called
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Voir Dire
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Allows jurors to be excused for unstated reasons, attorneys allowed a limited number & may not use on prejudicial grounds
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Peremptory Challenges
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First to call witnesses & present evidence
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Plaintiff's Attorney
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Exceed compensatory damages & punch defendant, likely to be requested where actions of defendant were reckless, wanton careless, etc, as to warrant excess by the court
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Punitive Damages
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Party appealing a case is the
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Appellant/ Petitioner
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Party against whom a case is appealed is the
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Appellee/Respondent
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Directs appropriate law enforcement official to seize defendants real/personal property to satisfy debt owed to plaintiff
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Writ of Execution
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T/F : In civil cases, burden of proof is "beyond reasonable doubt"
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False
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T/F : Non economic compensatory damages have been targeted as cause of rising professional malpractice insurance premiums
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True
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T/F : The legal system does not allow photocopies of health records to be admitted into evidence
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False
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T/F : The party that appeals a lower court's decision is the appellee
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False
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T/F : Garnishment is a court-ordered collection of money damages that is awarded to plaintiff through a set-aside of defendant's wages
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True
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Class action lawsuits often involve
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groups of consumers against large entities
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Dr. Baker has been sued by pt for faulty hip replacement procedure - Dr. believes h's committed no error, but that the artificial hip was defective. He brings in OrthoJoint, the manufacturer, as a defendant. The process Dr. Baker hascompleted is
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Joinder
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Service is
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notification of a lawsuit
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Jill has been deposed via a subpoena duces tecum. As HIM director of Trinity Hospital, she'll bring health record of pt. - What's her role
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authenticate the record’s validity
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Court orders for production of records
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do not require patient authorization
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Subpoena
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may be issued by a party’s attorney
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Because a plaintiff objected to defendant receiving/reviewing her medical records, judge decided that records would be produced directly to court so that he could personally review them in his chambers to determine their discoverability. This process is called
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In Camera Inspection
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When preparing a health record in response to a subpoena duces tecum or a court order, this should be completed
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prepare an index of the contents
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When Mr. Jones ignored Mrs. Long’s lawsuit, she won case under what legal theory
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Default Judgment
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T/F : Procedural law encompasses a court’s rules that guide a lawsuit
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True
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T/F : Class action lawsuits proceed for groups of consumers
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True
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T/F : A cross-claim is a claim by a defendant against a plaintiff
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False
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T/F : Joinder involves bringing an outsider into a lawsuit as a co-defendant
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True
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T/F : Notification of a lawsuit occurs through service
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True
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T/F : Discovery allows parties in a lawsuit to use strategies to obtain information held by other parties
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True
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T/F : Admissibility refers to evidence that parties can obtain during pretrial period
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False
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T/F : A deposition doesn't occur under oath
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False
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T/F : Authentication is verification of a record’s validity
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True
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T/F : An independent mental examination may not be requested as a type of discovery
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False
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T/F : A pro se plaintiff is one who represents himself during litigation
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True
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Individuals called to witness stand - testifies based on their own observations of situation
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Lay Witnesses
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LAW CH 9
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LAW CH 9
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Sacred Heart Hospital has a psychiatric service on 6th floor. A 33 yr old male come to HIM dep & requested to see a copy of his medical record. He told your clerk he was a pt of Dr. Weston, a psychiatrist & was on 6th floor the last 2 mth. These records are NOT psychotherapy notes. Best thing to do is
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allow patient to access his record if, after contacting his physician & his physician does not feel it will be harmful to the patient
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Medical info loses PHI status & is no longer protected by HIPAA privacy rule when it
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de–identified
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The Kids Foundation,related to Children's Hospital, is mailing fundraising info to families of all pt's who have been treated at Children's in past 3 yrs. Based on facts
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The privacy rule was not violated as long as the fundraising activity was not based on the patients diagnoses
Children's Hospital must have notified the patients/patients guardians of this disclosure in Notice of Privacy Practices |
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Tabitha Pinkerton has written to request an amendment to her PHI from Highland Heights Hospital, stating that incorrect infor is present on document in question. It's an incident report, which was erroneously placed in her health record. The covered entity declines to grant her request based on which privacy rule provision
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it is not part of the designated record set
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Seaward Hospital retains Lee, Long & Lane, a law firm, to perform all its legal work, representation during medical malpractice lawsuits SO
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The law firm is a BA because it performs activities on behalf of hospital
The law firm is a BA because it uses or discloses individually identifiable information |
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NOT an identifier under privacy rule
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Age 75
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Public interest & benefit uses & disclosures under the privacy rule
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don't require the patient's agreement or authorization
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Cali Hospital has a contract w/ Spic & Span, a local company, to come into hospital to pick up all of facility's linens for off–site laundering, they are
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not a business associate because it does not use or disclose individually identifiable health information
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Janie London was required to undergo a physical exam prior to becoming employed by New Haven Hospital. Her medical info is
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not protected by the privacy rule because it is part of a personnel record
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The designated record set
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includes medical and billing records
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Privacy rule requires the Notice of Privacy Practices to contain
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Description (including at least 1 example) of the types of uses/disclosures the covered entity is permitted to make for TPO
Description of each of the other purposes for which the covered entity is permitted or required to use/disclose PHI without the individual's written consent or authorization Statement that other uses/disclosures will be made only with the individual's written authorization & that individual may revoke such authorization |
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Privacy rule not require the Notice of Privacy Practices to contain
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a statement that all disclosures will be prohibited from future redisclosures
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Public interest & benefit exception to the authorization requirement
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PHI regarding victims of domestic violence
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Lola Sims, a patient in Smiles Hospital, is being treated for kidney stones. She has not opted out of the facility directory. Callers who request info about her may be given
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general condition and acknowledgement of admission
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Disclosures provides an individual with the opportunity to agree
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facility directory
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Jonesboro Clinic has requested that Rainbow Hospital send its hospital records from Justin Jaggers most recent admission to the clinic for his follow–up appointment SO
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The privacy rules minimum necessary requirement does not apply
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Under privacy rule, these must be included in a patient accounting of disclosures
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state–mandated report of STD
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Samantha, an HIT prof, was recently hired as the privacy officer at a large physician practice. She observes the following practices. Which is a violation of the HIPAA privacy rule
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Dr. Feelgood gives names of asthma patients to a pharmaceutical company
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Per privacy rule, requires authorization for research purposes
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use of Mary s individually identifiable information related to her asthma treatments
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The privacy rule permits charging patients for labor and supply costs associated with copying health records. Hospital is located in a state where state law allows charging patients a $100 search fee associated with locating records that have been requested
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The privacy rule will preempt state law in this situation
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The privacy rule generally requires documentation related to its requirements to be retained
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6 years
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Comparing HIPAA to the Federal Privacy Act of 1974
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HIPAA applies more specifically to medical information
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Breach notification requirements apply to
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lessening the harmful effects of wrongful use or disclosure of PHI
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Per HIPAA, healthcare operations
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are subject to the minimum necessary requirement
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The privacy rule resides in
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Title II of HIPAA
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T/F: THE PRIVACY RULE RESIDES IN THE ADMINISTRATION SIMPLIFICATION PROVISION OF TITLE II OF HIPPA
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TRUE
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T/F: THE HITECH ACT OF THE ARRA OF 2009 MADE SIGNIFICANT CHANGES TO THE HIPPA PRIVACY RULE
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TRUE
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T/F: THE FOIA WAS ENACTED TO ADDRESS THE PRIVACY OF HEALTH INFORMATION
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FALSE
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T/F: DRUG AND ALCOHOL ABUSE TREATMENT RECORDS HAVE RECEIVED PROTECTION UNDER THE FEDERAL LAW
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TRUE
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T/F: THE CONDITIONS OF PARTICIPATION REGULATE ONLY PROVIDERS WHO RECEIVE FUNDS FROM THE MEDICARE & MEDICAID PROGRAMS
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TRUE
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T/F: A CE NEEDS ONLY CONSIDER ITS EMPLOYEES WHEN EVALUATING HIPAA COMPLIANCE WITHIN THE ORGANIZATION
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FALSE
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T/F: THE HITECH ACT HAS STRENGTHENED BA REQUIREMENTS REGARDING EMPLOYEE COMPLIANCE WIT THE PRIVACY RULE
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TRUE
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T/F: IN PART, INFO MUST BE INDIVIDUALLY IDENTIFIABLE TO MEET THE DEFINITION PHI
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TRUE
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T/F: DE-IDENTIFIED INFO RECEIVES PRIVACY RULE PROTECTION
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FALSE
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T/F: A BA IS ANYONE WHO MIGHT HAVE ACCESS TO A CE'S PHI
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FALSE
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T/F: UNDER THE PRIVACY RULE, A PERSONAL REPRESENTATIVE MUST BE TREATED THE SAME AS THE INDIVIDUAL REGARDING THE T/F: USE AND DISCLOSURE OF THE INDIVIDUAL'S PHI
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TRUE
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T/F: BY DEFINITION, A DRS INCLUDES BILLING RECORDS
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TRUE
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T/F:A HOSPITAL EMPLOYEE'S PRE-EMPLOYMENT PHYSICAL EXAM IS IN HIS PERSONNEL FILE IN HUMAN RESOURCES; THIS REPORT IS PHI
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FALSE
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T/F: A UNIVERSITY WITH A MEDICAL CENTER IS A HYBRID ENTITY UNDER THE PRIVACY RULE
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TRUE
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T/F: SOME OF THE PRIVACY RULE'S REQUIREMENTS ARE RELAXED OR REMOVED WHERE PHI IS NEEDED FOR PURPOSES OF TPO
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TRUE
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T/F: THE HIPAA CONSENT EXPLAINS AN INDIVIDUAL'S RIGHTS AND THE CE'S LEGAL DUTIES WITH RESPECT TO PHI
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FALSE
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T/F: PER THE HIPAA PRIVACY RULE, PATIENT AUTHORIZATION IS REQUIRED FOR THE USE OR DISCLOSURE OF PHI UNLESS IT MEETS AN EXCEPTION WHEREBY AUTHORIZATION IS NOT REQUIRED
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TRUE
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T/F: ALTHOUGH AN INDIVIDUAL MUST VERBALLY AGREE TO BE INCLUDED IN A FACILITY DIRECTORY, WRITTEN AUTHORIZATION IS NOT REQUIRED
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TRUE
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T/F: ONE OF THE 12 PUBLIC INTEREST AND BENEFIT EXCEPTIONS TO THE AUTHORIZATION REQUIREMENTS IS DISCLOSURE TO ORGAN PROCUREMENT AGENCIES
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TRUE
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T/F: INCIDENTAL DISCLOSURES DO NOT REQUIRE AN INDIVIDUAL'S WRITTEN AUTHORIZATION
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TRUE
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T/F: UNDER NO CIRCUMSTANCES SHOULD HEALTH RECORDS FROM OTHER FACILITIES BE MADE A PART OF AN ORGANIZATION'S DRS
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FALSE
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T/F: THE MINIMUM NECESSARY PRINCIPLE APPLIES TO DISCLOSURES MADE FOR TPO PURPOSES
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FALSE
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T/F: AN INDIVIDUAL HAS THE RIGHT OF ACCESS TO HER PSYCHOTHERAPY NOTES
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FALSE
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T/F: PER HITECH, AN ACCOUNTING OF DISCLOSURES WILL BE REQUIRED IN THE FUTURE FOR TPO DISCLOSURES MADE BY COVERED ENTITIES WITH EHR'S
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TRUE
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T/F: COMPLAINTS ABOUT ALLEGED PRIVACY RULE VIOLATIONS MUST BE SUBMITTED TO THE COVERED ENTITY
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FALSE
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T/F: THE THRESHOLD FOR REQUIRED MEDIA NOTIFICATION IN THE EVENT OF A PRIVACY BREACH IS 300 AFFECTED INDIVIDUALS
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FALSE
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T/F: ALL ACTIVITIES THAT MEET THE HIPAA DEFINITION OF MARKETING MUST RECEIVE PRIOR WRITTEN AUTHORIZATION FROM THE INDIVIDUAL
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FALSE
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T/F: THE BREACH NOTIFICATION REQUIREMENT IS NEW UNDER HITECH
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TRUE
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T/F: FUNDRAISING ACTIVITIES THAT TARGET INDIVIDUALS BASED ON DIAGNOSIS REQUIRE PRIOR AUTHORIZATION
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TRUE
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T/F: A CONDITIONAL AUTHORIZATION MAY BE ALLOWED BY ARRA IN CERTAIN CIRCUMSTANCES
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TRUE
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T/F: THE PRIVACY RULE PROVIDES A FLOOR, OR MINIMUM, OF PRIVACY REQUIREMENTS
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TRUE
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T/F: BREACH NOTIFICATION IS ONE TYPE OF MITIGATION UNDER THE PRIVACY RULE
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TRUE
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T/F: IN ORDER TO SIMPLIFY PROCESSES, INDIVIDUALS MAY BE REQUIRED TO WAIVE THEIR RIGHTS UNDER THE PRIVACY RULE TO OBTAIN TREATMENT OR BENEFITS ELIGIBILITY
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FALSE
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T/F: UNDER HITECH, STATE ATTORNEYS GENERAL MAY BRING CIVIL ACTION IN FEDERAL DISTRICT COURT ON BEHALF OF RESIDENTS T/F: BELIEVED TO HAVE BEEN NEGATIVELY AFFECTED BY A HIPAA VIOLATION
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TRUE
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T/F: ENFORCEMENT OF THE PRIVACY RULE WILL CONTINUE TO OPERATE EXCLUSIVELY ON A COMPLAINT-BASED SYSTEM
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FALSE
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WHICH OF THE FOLLOWING DOESN'T THE "ADMINISTRATION SIMPLIFICATION" PORTION OF TITLE II OF HIPAA ADDRESS
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COMPUTER MEMORY REQUIREMENTS FOR HEALTH PLANS MAINTAINING PATIENT HEALTH INFOR
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ALTHOUGH HIPAA IS NOT THE FIRST PIECE OF FEDERAL PRIVACY LEGISLATION, IT IS MORE EXPANSIVE THAN THE FEDERAL PRIVACY ACT OF 1974, WHICH APPLIED PRIVACY RULES TO:
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FEDERAL AGENCIES
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UNDER HIPAA, WHICH OF THE FOLLOWING IS NOT NAMED AS A COVERED ENTITY?
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OUTSOURCED TRANSCRIPTION COMPANY
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THE HIPAA PRIVACY RULE:
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SETS A MINIMUM (FLOOR) OF PRIVACY REQUIREMENTS
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TODAY, JANET KIM VISITED HER NEW DENTIST FOR AN APPOINTMENT. SHE WAS NOT PRESENTED WITH A NOTICE OF PRIVACY PRACTICES. IS THIS ACCEPTABLE?
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NO. IT IS A VIOLATION OF THE HIPAA PRIVACY RULE
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MERCY HOSPITAL PERSONNEL NEED TO RECIEW THE MEDICAL RECORDS OF KATIE GRACE FOR UTILIZATION REVIEW PURPOSES (#1). THEY WILL ALSO BE SENDING HER RECORDS TO HER PHYSICIAN FOR CONTINUITY OF CARE (#2). AS THEY PERTAIN TO MERCY HOSPITAL, THESE TWO FUNCTIONS ARE?
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USE (#1) AND DISCLOSURE (#2)
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AN ORIGINAL GOAL OF HIPAA ADMINISTRATIVE SIMPLIFICATION WAS TO STANDARDIZE:
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THE ELECTRONIC TRANSMISSION OF HEALTH DATA
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ONE OF THE MEDICAL STAFF COMMITTEES AT ST. VINCENT HOSPITAL IS RESPONSIBLE FOR REVIEWING CASES OF PATIENTS READMITTED WITHIN 14 DAYS AFTER DISCHARGE. THIS REVIEW OF THE PATIENT'S MEDICAL RECORDS IS:
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HEALTHCARE OPERATIONS
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SUSAN IS COMPLETING HER REQUIRED HIGH SCHOOL COMMUNITY SERVICE HOURS BY SERVING AS A VOLUNTEER AT THE LOCAL HOSPITAL. RELATIVE TO THE HOSPITAL, SHE IS A:
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WORKFORCE MEMBER
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PER THE HIPAA PRIVACY RULE, A HYBRID ENTITY IS DEFINED AS ONE THAT:
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PERFORMS BOTH COVERED AND NON-COVERED FUNCTIONS UNDER THE PRIVACY RULE
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WHICH OF THE FOLLOWING IS NOT A REQUIRED ELEMENT OF THE NOTICE OF PRIVACY PRACTICES?
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STATEMENT THAT TREATMENT CAN BE REFUSED IF THE NOTICE IS NOT SIGNED
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WHICH OF THE FOLLOWING IS NOT A HIPAA IDENTIFIER?
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GENDER
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OF THE FOLLOWING OPTIONS, A SIGN-IN SHEET AT A PHYSICIAN'S OFFICE IS BEST DESCRIBED AS:
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INCIDENTAL DISCLOSURE
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WHICH OF THE FOLLOWING STATEMENTS IS TRUE - A HIPAA AUTHORIZATION:
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MAY BE REVOKED AS LONG AS IT IS IN WRITING
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THE MINIMUM NECESSARY STANDARD:
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APPLIES TO BOTH USES AND DISCLOSURES OF PHI
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IF SHERI REQUESTS A COPY OF HER HEALTH RECORD FROM A PROVIDER, PER HIPAA THE PROVIDER:
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MAY CHARGE FOR THE COST OF COPYING
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