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Description Law & Ethics for Health Professions By Karen Judson – Test Bank Sample Questions Instant Download With Answers Chapter 3 Working in Health Care 1) A valid out-of-state license is accepted as the basis for issuing a license in a second state without reexamination. This is called 1. 2. 3. 4. 5.
A) Certification. B) Accreditation. C) Registration. D) Reciprocity. E) Endorsement.
Answer: D Explanation: Reciprocity is when a second state accepts the first state’s credentials for licensing a healthcare provider. Certification, registration, and accreditation are not licensure methods. Endorsement is on a case-by-case basis and infrequently used. Difficulty: 1 Easy Topic: Licensure, Certification, and Registration Bloom’s: Remember ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: X.C.5. Discuss licensure and certification as it applies to health care providers 2) Which of the following credentials is a voluntary, national examination that shows the level of competency for an individual? 1.
A) Certification
2. 3. 4. 5.
B) Accreditation C) Registration D) Reciprocity E) Endorsement
Answer: A Explanation: Certification and registration are both voluntary, but certification will require an exam. Reciprocity is when a second state accepts the first state’s credentials for licensing a health care provider. Licensure is a mandatory process. Accreditation is used for organizations, not individuals. Endorsement is on a case-by-case basis and infrequently used. Difficulty: 2 Medium Topic: Licensure, Certification, and Registration Bloom’s: Understand ABHES: 1.c. Describe and comprehend medical assisting credentialing requirements, the process to obtain the credential and the importance of credentialing Accessibility: Keyboard Navigation CAAHEP: X.C.5. Discuss licensure and certification as it applies to health care providers
3) Which of these credentials is mandatory for certain health professionals to practice in their field? 1. 2. 3. 4. 5.
A) Certification B) Accreditation C) Registration D) Reciprocity E) Licensure
Answer: E Explanation: Licensure is a mandatory process. Reciprocity is when a second state accepts the first state’s credentials for licensing a healthcare provider. Certification, registration, and accreditation are not licensure methods. Difficulty: 1 Easy
Topic: Licensure, Certification, and Registration Bloom’s: Remember ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: X.C.5. Discuss licensure and certification as it applies to health care providers 4) A healthcare provider is explaining to staff members about the accreditation process. Which of the following may be accredited? 1. 2. 3. 4. 5.
A) A pharmacist B) A hospital C) A pharmaceutical company D) A pharmacy E) A medical supply company
Answer: B Explanation: Accreditation is the process by which healthcare practitioner education programs, health care facilities, and managed care plans are officially authorized. It is the official approval for conforming to specific standards. Difficulty: 2 Medium Topic: Accreditation Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
5) A new long-term care facility is applying for accreditation of the facility. To which of the following organizations should the facility submit the accreditation application? 1. 2.
A) The American Health Care Association. B) The National Committee for Quality Assurance.
3. 4. 5.
C) The Joint Commission. D) The Commission on Accreditation of Allied Health Education Programs. E) The National Association for the Support of Long Term Care.
Answer: C Explanation: The Joint Commission accredits healthcare organizations that meet certain standards. The National Committee for Quality Assurance is a recognized accrediting agency for management care plans. An accrediting agency for healthcare practitioner education programs is the Commission on Accreditation of Allied Health Education Programs. The American Health Care Association and the National Association for the Support of Long Term Care are industry-specific professional organizations. Difficulty: 2 Medium Topic: Accreditation Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 6) The statutes in all 50 states that govern the practice of medicine are called 1. 2. 3. 4. 5.
A) medical practice acts. B) medical licensing acts. C) occupational statutes. D) physician licensing acts. E) national board of medical licensing.
Answer: A Explanation: A medical practice act is established in each state to govern not just licensing but other practice standards. Difficulty: 1 Easy Topic: Medical Practice Acts Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation
CAAHEP: None
7) Which of the following is not sufficient grounds for revoking a medical license? 1. 2. 3. 4. 5.
A) Conviction of a felony B) Falsifying medical records C) Misdiagnosis D) Personal incapacity E) Unprofessional conduct
Answer: C Explanation: In the options provided, a physician may, depending on the state medical practice act, lose his or her license for conviction of a felony, falsifying medical records, incapacity, or unprofessional conduct. A misdiagnosis is not grounds for revoking a license but that does not mean that the physician won’t be sued for the misdiagnosis. Difficulty: 2 Medium Topic: Medical Practice Acts Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.5. Discuss licensure and certification as it applies to health care providers 8) Medical practices are being consolidated in many forms. Which of the following is not one of those forms? 1. 2. 3. 4. 5.
A) Associate practice B) Partnership C) Sole proprietorship D) Group practice E) Corporation
Answer: C Explanation: Sole proprietorships are no longer a popular way to practice medicine. In an associate practice, space and staff may be shared, but not profits or liabilities. Partnerships, group practices, and corporations share not only profits but also losses
and liabilities. Because of higher technology costs, more managed care, and reduced reimbursements, most physicians practice in some kind of group arrangement. Difficulty: 2 Medium Topic: Medical Practices Management Systems Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
9) A copayment is 1. 2. 3. 4. 5.
A) a percentage of the fee for services provided that the patient pays. B) a set amount that each patient pays for each office visit. C) a portion of the fee that the physician must write off. D) the actual payment the insurance company makes to the provider. E) a capitation payment.
Answer: B Explanation: A copay and coinsurance are both related to what the patient pays. However, coinsurance is always a percentage, not a set fee. Difficulty: 1 Easy Topic: Types of Managed Care Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: VII.C.6. Explain patient financial obligations for services rendered 10) When physicians, hospitals, and other healthcare providers contract with one or more HMOs or directly with employers to provide care, it is called a(n)
1. 2. 3. 4. 5.
A) health maintenance plan. B) physician hospital organization. C) fee-for-service plan. D) indemnity plan. E) open access plan.
Answer: B Explanation: In many areas, physicians and hospitals join forces to negotiate with the HMOs or large employers to provide care. A fee-for-service plan and an open access plan focus on patient choice, while an indemnity plan is a more traditional insurance plan, sometimes called fee-for-service. Difficulty: 1 Easy Topic: Types of Managed Care Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: VIII.C.1. Types of third party plans
11) A patient is established with a physician in a primary care group practice that provides a long-term partnership between the patient and providers in the group practice and also provides enhanced access for patients. This is known as a(n): 1. 2. 3. 4. 5.
A) Health maintenance plan. B) Primary care medical home. C) Patient-centered medical home. D) Independent practice home. E) Open access plan.
Answer: C Explanation: A patient-centered medical home (PCMH) provides the patient with a team of physicians and other staff whose focus is on coordination of care and shared decision making. This is a relatively new concept in managed care. Difficulty: 1 Easy
Topic: Types of Managed Care Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: VIII.C.4. Define a patient-centered medical home 12) Coinsurance is 1. 2. 3. 4. 5.
A) a percentage of the fee-for-services provided that the patient pays. B) a set amount that each patient pays for each office visit. C) a portion of the fee that the physician must write off. D) the actual payment the insurance company makes to the provider. E) a capitation payment.
Answer: A Explanation: A copay and co-insurance are both related to what the patient pays. Coinsurance is always a percentage, not a set fee. Difficulty: 1 Easy Topic: Types of Managed Care Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: VII.C.6. Explain patient financial obligations for services rendered
13) A method used by a health plan to measure the amount and appropriateness of health services used by its members is called a(n) 1. 2. 3. 4. 5.
A) coinsurance review. B) capitation review. C) accountable care review. D) formulary review. E) utilization review.
Answer: E Explanation: A utilization review is the method used by health plans to measure appropriate services. A formulary is a list of approved prescriptions for which it will reimburse subscribers. Capitation is a set advance payment made to providers, and coinsurance refers to the amount of money that insurance plan members pay out of pocket. Difficulty: 1 Easy Topic: Types of Managed Care Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 14) Under which type of plan, a patient may see providers outside the plan, but the patient pays a higher portion of the fees? 1. 2. 3. 4. 5.
A) Health maintenance plan. B) Indemnity plan. C) Fee-for-service plan. D) Preferred provider plan. E) Open access plan.
Answer: D Explanation: In a preferred provider plan, patients have a monetary incentive to stay within the preferred provider plan, but they have a choice of seeking care outside the plan and can seek some reimbursement. An HMO-enrolled patient is prohibited from going outside the plan. Indemnity plans, fee-for-service plans, and open access plans allow patients to see physicians of their choosing. Difficulty: 2 Medium Topic: Types of Managed Care Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation
CAAHEP: VII.C.2. Identify models of managed care
15) What federal legislation created health insurance exchanges that provide individuals with an ability to purchase insurance? 1. 2. 3. 4. 5.
A) Health Insurance Portability and Accountability Act B) Health Care and Education Reconciliation Act C) Healthcare Integrity and Protection Data Bank Act D) Patient Protection and Affordable Care Act E) Health Care Quality Improvement Act
Answer: D Explanation: The Patient Protection and Affordable Care Act, passed in 2010, better known as the Affordable Care Act, provided for a health insurance exchange process that was put into place in 2014. This process allowed many individuals to purchase lowcost health insurance subsidized by the federal government based on income status. The Health Care and Education Reconciliation Act had a variety of student loan provisions and support for training programs. Difficulty: 1 Easy Topic: Legislation Affecting Health Care Plans Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 16) What federal legislation provided employees the ability to keep health insurance coverage when transferring to another job? 1. 2. 3. 4. 5.
A) Health Insurance Portability and Accountability Act B) Health Care and Education Reconciliation Act C) Healthcare Integrity and Protection Data Bank Act D) Patient Protection and Affordable Care Act E) Health Care Quality Improvement Act
Answer: A
Explanation: While most people know that the Health Insurance Portability and Accountability Act (HIPAA) is known for its privacy and security provisions, it is also responsible for creating the law that allows individuals to keep health insurance coverage when moving from job to job. The Patient Protection and Affordable Care Act, better known as the Affordable Care Act, provided for a variety of new opportunities to purchase health insurance. The Health Care and Education Reconciliation Act had a variety of student loan provisions and support for training programs. The Health Care Quality Improvement Act created the national Practitioner Data Bank. Difficulty: 1 Easy Topic: Legislation Affecting Health Care Plans Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.3. Describe components of HIPAA
17) The National Practitioner Data Bank may disclose information to which of the following groups? 1. 2. 3. 4. 5.
A) Medical malpractice insurers. B) Defense attorneys. C) State licensing boards. D) The general public. E) State legislators.
Answer: C Explanation: State licensing boards are entitled to the information. Only hospitals conducting professional review and other health care entities with formal peer review programs, a self-query, and some plaintiffs’ attorneys under certain circumstances may access the information. Difficulty: 1 Easy Topic: Legislation Affecting Health Care Plans Bloom’s: Remember ABHES: None
Accessibility: Keyboard Navigation CAAHEP: None 18) As a provision of the Accountable Care Act, healthcare insurers were encouraged to unite with health care providers to form what type of an organization? 1. 2. 3. 4. 5.
A) Health maintenance organization. B) Preferred provider organization. C) Open access plan. D) Accountable care organization. E) Indemnity plan.
Answer: D Explanation: The Affordable Care Act created opportunities to form Accountable Care Organizations. These ACOs make a commitment to help specific patients with chronic illnesses. The ACOs were in their beginning stages when the book was published. Health maintenance organizations, preferred providers, open access, and indemnity plans are all forms of provider reimbursement plans that were in place before the ACA became law. Difficulty: 1 Easy Topic: Legislation Affecting Health Care Plans Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
19) Under the provisions in the Affordable Care Act, insurance companies must cover dependent children under the age of ________. 1. 2. 3. 4. 5.
A) 22 B) 23 C) 24 D) 25 E) 26
Answer: E Explanation: The Affordable Care Act requires insurance companies to cover dependent children until age 26, as long as the parents have coverage. Difficulty: 1 Easy Topic: Legislation Affecting Health Care Plans Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 20) A physician is undergoing professional peer review related to an incident of fraud in his practice. Which federal law requires that professional peer review action be taken in this case and also limits the damages for the professional review? 1. 2. 3. 4. 5.
A) Health Care and Education Reconciliation Act B) Health Insurance Portability and Accountability Act C) Healthcare Integrity and Protection Data Bank Act D) Patient Protection and Affordable Care Act E) Health Care Quality Improvement Act
Answer: E Explanation: The Health Care Quality Improvement Act requires that professional peer review be done in certain cases. It also created the National Practitioner Data Bank. The Patient Protection and Affordable Care Act, better known as the Affordable Care Act, provided for a variety of new opportunities to purchase health insurance. The Health Care and Education Reconciliation Act had a variety of student loan provisions and support for training programs. Health Insurance Portability and Accountability Act (HIPAA) is known for its privacy and security provisions. Difficulty: 1 Easy Topic: Legislation Affecting Health Care Plans Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
21) Which of the following is not true about certification? 1. A) If you lose your certification, you cannot work in your profession 2. B) If you lose your certification, you can continue to work in your profession 3. C) Certification is voluntary 4. D) Certification requires an exam 5. E) Certification is the same as registration
Answer: A Explanation: Certification is voluntary and requires an exam. However, if you lose your certification or never take the exam, you can still work in field. Difficulty: 1 Easy Topic: Licensure, Certification, and Registration Bloom’s: Remember ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: X.C.5. Discuss licensure and certification as it applies to health care providers 22) Reciprocity may apply to 1. 2. 3. 4. 5.
A) certified professionals. B) licensed professionals. C) licensed and certified professionals. D) licensed and registered professionals. E) registered professionals only.
Answer: B Explanation: Reciprocity may be granted to individuals who are licensed in one state to practice in a second state. Most certification and registration processes are national in scope. Difficulty: 2 Medium Topic: Licensure, Certification, and Registration
Bloom’s: Remember ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: X.C.5. Discuss licensure and certification as it applies to health care providers
23) The Joint Commission accredits 1. 2. 3. 4. 5.
A) Educational institutions. B) Managed care organizations. C) Hospitals and other patient care organizations. D) Professional associations like the College of Health Care Executives. E) None of these.
Answer: C Explanation: The Joint Commission accredits hospitals, ambulatory care facilities, home care facilities, as well as other institutional providers of health care. Educational institutions are accredited by a variety of organizations and the National Committee on Quality Assurance accredits managed care organizations. Difficulty: 2 Medium Topic: Accreditation Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 24) The Commission on Accreditation of Allied Health Education Programs (CAAHEP) oversees the accreditation process of a variety of individual allied health educational programs. Which of the following educational programs is not accredited by the CAAHEP? 1. A) Medical assisting 2. B) Respiratory Therapists 3. C) Emergency Medical Technicians 4. D) Registered Nurses
5.
E) Anesthesiologist assistants
Answer: D Explanation: The nursing profession has several different accreditation agencies that are specific to nursing. CAAHEP accredits 28 different health care educational programs. Difficulty: 2 Medium Topic: Accreditation Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
25) What is the difference between licensure and certification?
Answer: Licensure is a mandatory credentialing process, and certification is a voluntary credentialing process. Difficulty: 1 Easy Topic: Licensure, Certification, and Registration Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: IX.C.5. Discuss licensure and certification as it applies to health care providers
26) The term that refers to a process for officially authorizing or approving health care practitioners, education programs, healthcare facilities, and managed care plans is called
Answer: Accreditation is official authorization or approval for conforming to a specified standard. Difficulty: 1 Easy Topic: Licensure, certification, Registration, and Accreditation Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 27) When an organization is formed and authorized by law to act as a single person and legally endowed with specific rights and duties, it is known as a
Answer: corporation. Difficulty: 1 Easy Topic: Medical Practices Management Systems Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
28) Health insurance that covers the insured against a potential loss of money from medical expenses resulting from an illness or accident is known as
Answer: Indemnity insurance. Indemnity is a traditional form of health insurance. Difficulty: 1 Easy
Topic: Types of Managed Care Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: VII.C.2. Identify models of managed care
29) What is the purpose of a medical practice act?
Answer: The purpose of a medical practice act is to define what is meant by “practice of medicine” in each state, explain requirements and methods for licensure, provide for the establishment of medical licensing boards, establish grounds for suspension or revocation of license, and to identify conditions for license renewal. Difficulty: 2 Medium Topic: Medical Practice Acts Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.5. Discuss licensure and certification as it applies to health care providers 30) Identify at least three reasons a physician’s license may be revoked.
Answer: While laws vary in different states, a physician’s license may be revoked for prescribing drugs in excessive amounts or without legitimate reason, impaired ability to practice due to addiction or physical or mental illness and conviction of a felony. Difficulty: 2 Medium Topic: Medical Practice Acts Bloom’s: Understand
ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.5. Discuss licensure and certification as it applies to health care providers
31) Group practices and hospitals need to provide good patient care. What types of nonpatient care professionals might be needed in a group practice?
Answer: Group practices and other healthcare facilities need to hire individuals who are familiar with federal healthcare law, state and local healthcare regulations, employee management, case and utilization management, practice guidelines, disease management protocols, clinical reporting practices, and managed care protocol for reimbursement. Difficulty: 2 Medium Topic: Medical Practices Management Systems Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
32) Who may own a healthcare corporation?
Answer: Ownership of healthcare corporations may be traced to any number of sources, such as groups of physicians, healthcare professionals practicing the same medical specialty, groups of investors (e.g., Hospital Corporation of America, Ardent, Capella, and Cirrus Health), religious groups (e.g., Catholic or Jewish hospitals), state or local governments, university-affiliated medical schools, or insurance companies and managed care organizations (MCOs), where physicians and other health care practitioners are often salaried employees. Difficulty: 2 Medium
Topic: Medical Practices Management Systems Bloom’s: Understand ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
Law & Ethics for Health Professions (Judson, Revised), 8e Chapter 5 Professional Liability and Medical Malpractice 1) The definition of liability is 1. 2. 3. 4. 5.
A) the legal responsibility of competent adults for their own acts. B) applied only to on-the-job acts. C) duty of care. D) standard of care. E) confidentiality.
Answer: A Explanation: Liability is the legal responsibility of all competent adults to be responsible for their own acts, both on the job and in their private lives. Duty of care is the legal obligation of healthcare workers to patients, and sometimes to nonpatients. Standard of care is the level of performance expected of a health care professional, and confidentiality is the act of holding information in confidence. Difficulty: 1 Easy Topic: Liability Bloom’s: Remember ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: X.C.6. Compare criminal law and civil law as it applies to practicing medical assistant 2) As employers, physicians have general liability for many aspects of their business. Which of the following does not fall under the responsibility of the employers?
1. 2. 3. 4. 5.
A) The practice’s buildings and grounds B) Automobiles used in the practice C) Employee safety D) Employees driving to and from the workplace E) Building damage due to bad weather
Answer: D Explanation: Employers are not responsible for employees traveling to and from work. However, if the employee must use their personal automobile for the employer’s purposes during the day, then the employer is liable. Employers are also responsible for the building and grounds and employee safety. Difficulty: 1 Easy Topic: Liability Bloom’s: Remember ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: X.C.6. Compare criminal law and civil law as it applies to practicing medical assistant 3) A physician working in an emergency room is obligated to treat all the patients who come through the door. This is an example of which of the following concepts? 1. 2. 3. 4. 5.
A) Standard of care B) Duty of care C) Reasonable person standard D) Reasonable person care E) Performance standard
Answer: B Explanation: Duty of care is the obligation of health care workers to patients, and in some cases, nonpatients. Physicians have a duty of care to patients with whom they have established a doctor-patient relationship, or in the case above been hired to treat. Standard of care refers to the level of performance expected of a health care practitioner in carrying out his or her professional duties. The reasonable person standard or care means the physician or other provider may be charged with negligence if someone is injured because he or she failed to perform an act that a reasonable person, in similar circumstances, would perform.
Difficulty: 1 Easy Topic: Standard of Care and Duty of Care Bloom’s: Remember ABHES: 4.c. Follow established policies when initiating or terminating medical treatment Accessibility: Keyboard Navigation CAAHEP: X.C.1. Differentiate between scope of practice and standards of care for medical assistants 4) A physician working in a nursing home warns the residents of an outbreak of a communicable disease and takes measures to protect them from exposure. This is an example of what principle? 1. 2. 3. 4. 5.
A) Standard of care B) Reasonable person care C) Reasonable person standard D) Duty of care E) Performance standard
Answer: D Explanation: Duty of care is the obligation of health care workers to patients, and in some cases, nonpatients. Physicians have a duty of care to patients with whom they have established a doctor-patient relationship, or in the case above been hired to treat. Standard of care refers to the level of performance expected of a health care practitioner in carrying out his or her professional duties. The reasonable person standard or care means the physician or other provider may be charged with negligence if someone is injured because he or she failed to perform an act that a reasonable person, in similar circumstances, would perform. Difficulty: 1 Easy Topic: Standard of Care and Duty of Care Bloom’s: Remember ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation CAAHEP: X.C.1. Differentiate between scope of practice and standards of care for medical assistants
5) A medical assistant takes universal precautions while drawing blood for analysis. This is an example of 1. 2. 3. 4. 5.
A) Standard of care. B) Reasonable person care. C) Reasonable person standard. D) Duty of care. E) Performance standard.
Answer: A Explanation: Standard of care refers to the level of performance expected of a health care practitioner in carrying out his or her professional duties. The reasonable person standard or care means that an individual would be charged with negligence if someone is injured because he or she failed to perform an act that a reasonable person, in similar circumstances, would perform. It is reasonable to assume that universal precautions are necessary when drawing blood. Difficulty: 1 Easy Topic: Standard of Care and Duty of Care Bloom’s: Remember ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: X.C.2. Compare and contrast provider and medical assistant roles in terms of standard of care
6) If a patient is injured because a health care professional failed to exercise the care and expertise that under the circumstances could reasonably be expected of a professional with similar experience and training, then that professional may be liable for 1. 2. 3. 4. 5.
A) standard of care. B) fraud. C) reasonable person standard. D) duty of care. E) negligence.
Answer: E
Explanation: Health care professionals are expected to behave as a reasonable person would in order to avoid liability for negligence. Standard of care refers to the level of performance expected and duty of care is a legal obligation. Difficulty: 2 Medium Topic: Standard of Care and Duty of Care Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.7.a. Define negligence
7) A physician is a specialist in obstetrics. Which of the following is true regarding the standard of care expected of this physician? 1. 2. 3. 4. 5.
A) The physician will be held to the same standard of care as a general practitioner. B) The physician will be held to the same standard of care as other obstetricians. C) The physician will be held to a lower standard of care than a gynecologist. D) The physician will be held to the same standard as a gynecologist. E) The physician will be held to a standard of care only for direct patient contact.
Answer: B Explanation: An obstetrician will be held to the same standard of care as other obstetricians. Direct patient contact is not always necessary for establishing a duty. Difficulty: 2 Medium Topic: Standard of Care and Duty of Care Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.2. Compare and contrast provider and medical assistant roles in terms of standard of care
8) In a hospital, a certain standard of care is expected of health care practitioners. Which of the following best describes this concept? 1. 2. 3. 4. 5.
A) Legal responsibility. B) Minimum care as needed. C) An expected level of performance. D) Obligation to care. E) Reasonable person standard.
Answer: C Explanation: An expected level of performance is referred to as a standard of care. Difficulty: 2 Medium Topic: Standard of Care and Duty of Care Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: IX.C.2. Compare and contrast physician and medical assistant roles in terms of standard of care
9) A medical assistant who is recording data in a patient’s medical record maintains confidentiality at all times. Which of the following describes this practice? 1. 2. 3. 4. 5.
A) Not allowing the patient to see the medical record. B) Not conferring with other health care professionals about the patient. C) Not releasing patient information to unauthorized individuals. D) Releasing patient information to unauthorized individuals. E) Releasing information to the insurance company.
Answer: C Explanation: All health care professionals have a legal duty to safeguard a patient’s privacy and maintain confidentiality. Confidentiality is the act of holding information in confidence, not to be released without authorization from the patient.
Difficulty: 2 Medium Topic: Privacy, Confidentiality, and Privileged Communication Bloom’s: Remember ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information Accessibility: Keyboard Navigation CAAHEP: X.P.2.a. Apply HIPAA rules in regard to privacy
10) Which of the following is an example of a privileged communication? 1. 2. 3. 4. 5.
A) A patient tells her physician that she uses illegal drugs. B) A custodian speaks with a nurse about a problem with a disinfectant. C) Parents discuss treatment options for their child who has autism. D) A nurse practitioner explains a procedure to a patient. E) An office clerk calls a patient by name at the checkout desk.
Answer: A Explanation: Privileged communication refers to information held confidential within a protected relationship. Explaining a procedure to a patient is an example of informed consent. Difficulty: 2 Medium Topic: Privacy, Confidentiality, and Privileged Communication Bloom’s: Remember ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information Accessibility: Keyboard Navigation CAAHEP: X.P.2.a. Apply HIPAA rules in regard to privacy
11) Which of the following is not a violation of patient confidentiality?
1. 2. 3.
A) While the patient is in the waiting room, a nurse tells a patient his diagnosis. B) Medical assistants are discussing a patient by name outside the exam room. C) A nurse leaves a detailed message about his/her diagnosis on the patient’s voice mail. 4. D) A radiology technician discusses with the patient results of the x-rays. 5. E) An office clerk calls a patient by name at the checkout desk.
Answer: E Explanation: Addressing a patient by name in a public place is not a violation of patient confidentiality, as long as no medical information is shared. Discussing a patient’s care when others may hear it, including leaving voice mail messages are violations of confidentiality. A radiology technician’s discussion of results is a violation of both confidentiality and the technician’s scope of practice. Difficulty: 2 Medium Topic: Privacy, Confidentiality, and Privileged Communication Bloom’s: Remember ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information Accessibility: Keyboard Navigation CAAHEP: X.P.2.a. Apply HIPAA rules in regard to privacy
12) The failure to act when one should is called 1. 2. 3. 4. 5.
A) malfeasance. B) nonfeasance. C) damages. D) dereliction. E) misfeasance.
Answer: B Explanation: Nonfeasance is the failure to act. Malfeasance is to act in a wrongful or unlawful way. Damages are the legally recognizable injury to a patient. Dereliction is when the health care provider breached duty of care. Difficulty: 2 Medium Topic: The Tort of Negligence
Bloom’s: Remember ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation CAAHEP: X.C.7.a. Define negligence
13) A provider breaches duty of care to a patient. This element of negligence is defined as 1. 2. 3. 4. 5.
A) malfeasance. B) nonfeasance. C) damages. D) dereliction. E) misfeasance.
Answer: D Explanation: Dereliction is when the health care provider breached duty of care. Nonfeasance is the failure to act. Malfeasance is to act in a wrongful or unlawful way. Damages are the legally recognizable injury to a patient. Difficulty: 2 Medium Topic: The Tort of Negligence Bloom’s: Remember ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation CAAHEP: X.C.7.a. Define negligence
14) A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met? 1. 2. 3.
A) Dereliction B) Defense C) Damages
4. 5.
D) Direct cause E) Duty
Answer: E Explanation: Duty is the provision of care. Dereliction is when the health care provider breached duty of care. Damages are the legally recognizable injury to a patient. Direct cause is when the provider’s actions were a direct cause of the patient’s injury. Difficulty: 2 Medium Topic: The Tort of Negligence Bloom’s: Remember ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation CAAHEP: X.C.2. Compare and contrast provider and medical assistant roles in terms of standard of care
15) A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines? 1. 2. 3. 4. 5.
A) Resjudicata B) Respondeatsuperior C) Resipsaloquitur D) Caveatemptor E) Quitam
Answer: C Explanation: Resipsaloquitur is also known as the doctrine of common knowledge, meaning that the mistake is so obvious that negligence is obvious. Resjudicata is the Latin term for the thing has been decided, that is, a claim cannot be retried if it has been legally resolved. Respondeatsuperior is Latin for let the master answer, which means that the employer is responsible for the acts of the employee. Caveatemptor is Latin for buyer beware. Quitam refers to a doctrine whereby a private individual who assists a prosecution can receive all or part of any penalty imposed. Difficulty: 2 Medium Topic: The Tort of Negligence
Bloom’s: Remember ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation CAAHEP: X.C.13.i. Define the following medical legal term: res ipsa loquitur
16) A patient was harmed when the oxygen tank she was using exploded. When filing a lawsuit, what type of damages might this patient be awarded? 1. 2. 3. 4. 5.
A) General compensatory B) Consequential C) Special compensatory D) Punitive E) Nominal
Answer: B Explanation: Consequential damages are used to compensate for losses caused indirectly by a product defect. General compensatory damages are used to compensate for injuries or losses due to violation of patient’s rights. Special compensatory damages are awarded for losses not directly caused by the wrong. Punitive damages are awarded to punish the offender, and nominal damages are to recognize the rights of the patient were violated, though no actual loss was proved. Difficulty: 2 Medium Topic: The Tort of Negligence Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
17) A patient’s mammogram is reviewed and the radiologist reports a normal exam. Six months later, the patient finds a lump in her breast. The patient has a lumpectomy and makes a full recovery. It was determined that the mass was present and visible in the
original mammogram. The patient sued claiming mental anguish. What type of damages might she be awarded? 1. 2. 3. 4. 5.
A) General compensatory B) Consequential C) Special compensatory D) Punitive E) Nominal
Answer: A Explanation: General compensatory damages are used to compensate for injuries or losses due to violation of patient’s rights, including mental anguish. Consequential damages are used to compensate for losses caused indirectly by a product defect. Special compensatory damages are awarded for losses not directly caused by the wrong. Punitive damages are awarded to punish the offender, and nominal damages are to recognize the rights of the patient were violated, though no actual loss was proved. Difficulty: 2 Medium Topic: The Tort of Negligence Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 18) Those damages awarded by the court to punish the defendant are called 1. 2. 3. 4. 5.
A) general compensatory. B) consequential. C) special compensatory. D) punitive. E) nominal.
Answer: D Explanation: Punitive damages are awarded to punish the offender, and nominal damages are to recognize the rights of the patient were violated, though no actual loss was proved. General compensatory damages are used to compensate for injuries or losses due to violation of patient’s rights, including mental anguish. Consequential damages are used to compensate for losses caused indirectly by a product defect. Special compensatory damages are awarded for losses not directly caused by the wrong.
Difficulty: 1 Easy Topic: The Tort of Negligence Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: IX.C.10.a. Explain how the following impact the medical assistant’s practice and give examples: negligence
19) According to Medscape, which of the following medical specialties is most likely to be sued? 1. A) General surgery 2. B) Ob/gyn 3. C) Internal medicine 4. D) Orthopedics 5. E) Oncology
Answer: B Explanation: According to a survey of 1,000 physicians in 2015 in the online publication Medscape, ob/gyn specialties were more likely to be sued than any other specialty. Difficulty: 1 Easy Topic: The Tort of Negligence Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 20) The family of a patient sues for wrongful death when the patient’s death was judged to have been due to the negligence of the health care practitioners. What might the family collect from a settlement of this case?
1. 2. 3. 4. 5.
A) An award to punish the healthcare provider. B) An award totaling one year of earnings of the deceased. C) An award covering medical costs for the patient. D) An award providing health care for the family. E) An award for the loss to the patient’s estate for future earnings.
Answer: E Explanation: When it is determined that there was a wrongful death due to negligence, the court will award damages to the patient’s estate for future earnings. Difficulty: 2 Medium Topic: The Tort of Negligence Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.8.b. Describe the following types of insurance: professional (malpractice)
21) A plea made for a case to be reviewed by the higher court occurs in the ________ phase of a lawsuit. 1. 2. 3. 4. 5.
A) trial B) interrogatory C) appeal D) mediation E) pretrial
Answer: C Explanation: An appeal is heard after the lower court makes a decision. A trial is when the plaintiff’s and defendant’s positions are heard in open court. Interrogatories are a written set of questions from a plaintiff or defendant under oath. Mediation is a form of alternative dispute resolution. Pretrial is activity, such as interrogatories that come before the trial. Difficulty: 1 Easy
Topic: Elements of a Lawsuit Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 22) A jury is selected in the ________ stage of a lawsuit. 1. 2. 3. 4. 5.
A) trial B) interrogatory C) appeal D) pretrial E) mediation
Answer: A Explanation: A trial is when the plaintiff’s and defendant’s positions are heard in open court. If a jury is to be selected, it is at the beginning of this stage. An appeal is heard after the lower court makes a decision. Interrogatories are a written set of questions from a plaintiff or defendant under oath. Mediation is a form of alternative dispute resolution. Pretrial is an activity, such as interrogatories, that come before the trial. Difficulty: 1 Easy Topic: Elements of a Lawsuit Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None
23) A(n) ________ is issued by the clerk of the court and is delivered with a copy of the complaint to the defendant.
1. 2. 3. 4. 5.
A) trial B) summons C) appeal D) interrogatory E) mediation
Answer: B Explanation: A summons is issued by the court and delivered to the defendant along with a copy of the complaint. A trial is when the plaintiff’s and defendant’s positions are heard in open court. An appeal is heard after the lower court makes a decision. Interrogatories are a written set of questions from a plaintiff or defendant under oath. Mediation is a form of alternative dispute resolution. Difficulty: 1 Easy Topic: Elements of a Lawsuit Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: None 24) What is the difference between a subpoena and subpoena ducestecum 1. A) There is no difference. 2. B) Subpoena ducestecum is just an old-fashioned term for subpoena. 3. C) A subpoena ducestecum requires that documents and records be brought to court. 4. D) A subpoena requires that an individual appear in court. 5. E) A subpoena requires that an individual serve on the jury.
Answer: C Explanation: A subpoena requires the recipient to appear in court as a witness. A subpoena ducestecum requires the individual to bring certain records and documents to court. Difficulty: 1 Easy Topic: Elements of a Lawsuit Bloom’s: Remember ABHES: None
Accessibility: Keyboard Navigation CAAHEP: X.C.13.g. Define the following medical legal term: subpoena duces tecum
25) A deposition may be taken in which phase of the lawsuit? 1. 2. 3. 4. 5.
A) Trial B) Jury selection C) Pleadings D) Summons E) interrogatory
Answer: E Explanation: In the interrogatory phase of a lawsuit, a court order may be issued commanding the presence of an individual to provide sworn testimony outside the court. A trial is when the plaintiff’s and defendant’s positions are heard in open court. A summons is an order for the court to appear, but it could be to appear in court during the trial. Pleadings are documents filed with the court before the trial. Juries are selected just before the trial begins. Difficulty: 1 Easy Topic: Elements of a Lawsuit Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.13.l. Define the following medical legal term: deposition 26) Instead of going to court, two parties in dispute agree to a neutral third party listening to both sides of the argument and helping to resolve the dispute. What is the term for this type of dispute resolution? 1. 2. 3. 4. 5.
A) Med-arb B) Discovery C) Pleadings D) Arbitration E) Mediation
Answer: E Explanation: Mediation is a method in which a neutral third party listens to both sides of the argument and then helps resolve the dispute. Med-arb is a combination of both mediation and arbitration. Discovery is a phase of a lawsuit. Arbitration is a method of settling a dispute where both parties agree to abide by the decision of an arbitrator and is usually established by contract. Pleadings are documents filed with court before the trial. Difficulty: 1 Easy Topic: Alternative Dispute Resolution Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.13.m. Define the following medical legal term: arbitration-mediation
27) Alternative dispute resolution has become increasingly popular over the years. What is the reason for this increase? 1. 2. 3. 4. 5.
A) Shortage of attorneys to represent clients B) ease of proceedings C) better overall results D) overcrowding of court calendars E) shortage of court rooms to hold trials
Answer: D Explanation: Alternative dispute resolution has become popular over the years because the court calendars have become overcrowded. The process is not always easy and, depending on which side you are on, the better overall results could be disputed. Difficulty: 1 Easy Topic: Alternative Dispute Resolution
Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.13.m. Define the following medical legal term: arbitration-mediation 28) Some states require mediation and/or arbitration for certain civil cases, while in other states alternative dispute resolution methods are voluntary. Under the terms of a written contract, who chooses an arbitrator? 1. 2. 3. 4. 5.
A) Both parties B) The defendant C) The plaintiff D) The American Mediation Association E) The American Arbitration Association
Answer: E Explanation: Under the terms of a written contract, either the American Arbitration Association or the court chooses an arbitrator. Difficulty: 1 Easy Topic: Alternative Dispute Resolution Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.13.m. Define the following medical legal term: arbitration-mediation
29) In an informal proceeding of arbitration, each side presents evidence and witnesses. In the dispute resolution method, referred to as med-arb, who resolves the dispute if the two parties are unable to reach an agreement after mediation? 1. 2.
A) The mediator B) The jury
3. 4. 5.
C) The judge D) The court E) Arbitrator
Answer: A Explanation: In the alternative dispute resolution method called med-arb, the mediator resolves the dispute if the two parties are unable to reach an agreement after mediation. Difficulty: 1 Easy Topic: Alternative Dispute Resolution Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation CAAHEP: X.C.13.m. Define the following medical legal term: arbitration-mediation 30) When no written contract exists, who chooses an arbitrator to resolve disputes? 1. 2. 3. 4. 5.
act.
A) The American Arbitration Association. B) The two parties select an arbitrator and the two arbitrators select a third to C) The two parties select an arbitrator and the court decides. D) The court selects an arbitrator of its choosing. E) Arbitration.
Answer: B Explanation: If no contract exists, each of the two parties selects an arbitrator and the two arbitrators select a third arbitrator who works the case. Difficulty: 1 Easy Topic: Alternative Dispute Resolution Bloom’s: Remember ABHES: None Accessibility: Keyboard Navigation
CAAHEP: X.C.13.m. Define the following medical legal term: arbitration-mediation
31) All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except 1. A) following an employer’s established policies dealing with the healthcare contract. 2. B) maintaining and disposing of regulated substances in compliance with government guidelines. 3. C) maintaining confidentiality. 4. D) documenting care accurately for a fellow medical assistant. 5. E) practicing within the scope of your training and education.
Answer: D Explanation: Following an employer’s established policies dealing with the health care contract, maintaining and disposing of regulated substances in compliance with government guidelines, maintaining confidentiality, and practicing within the scope of your training and education are all guidelines established to help health care practitioners stay within their scope of practice and operate within the law. Documenting, although accurately, for a fellow medical assistant is not lawful. Only the practitioner who provides patient care should document services rendered. Difficulty: 1 Easy Topic: Standard of Care and Duty of Care Bloom’s: Remember ABHES: 4.c. Follow established policies when initiating or terminating medical treatment Accessibility: Keyboard Navigation CAAHEP: X.C.1. Differentiate between scope of practice and standards of care for medical assistants 32) The law of ________ makes employers liable for the actions of their employees. 1. 2. 3. 4.
A) liability B) expression C) the agent D) agency
5.
E) corporate action
Answer: D Explanation: The law of agency makes employers liable for the actions of their employees. Difficulty: 2 Medium Topic: Liability Bloom’s: Understand ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: assistant.C.13.h. Define the following medical legal terms: respondeat superior
33) Amanda is a nurse in Dr. Smith’s pediatric practice. She accidentally gives a patient the wrong medication. Dr. Smith is held responsible under 1. 2. 3. 4. 5.
A) B) C) implied contract. D) expressed contract. E)
Answer: E Explanation: Respondeatsuperior is the Latin term for “let the master answer.” Difficulty: 2 Medium Topic: Liability Bloom’s: Understand
ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: assistant.C.13.h. Define the following medical legal terms: respondeat superior 34) For which of the following actions would an employer be responsible under respondeatsuperior? 1. A) An employee assaults a patient in the parking lot. 2. B) An employee steals narcotic drugs from the medication room. 3. C) An employee accidentally prescribes the wrong medication. 4. D) An employee knowingly defames the character of a patient. 5. E) An employee gets into an auto accident on their way home from work.
Answer: C Explanation: Employers are liable for the acts of their employees performed “within the course and scope” of employment if two elements are present. The employee must be engaged in the furtherance of the employer’s business and must be acting within the scope of the business. If the act committed is purely personal, the employer is not liable. Difficulty: 2 Medium Topic: Liability Bloom’s: Understand ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to health care settings Accessibility: Keyboard Navigation CAAHEP: assistant.C.13.h. Define the following medical legal terms: respondeat superior
35) Patient safety checklists are established nationally by
Answer: The Joint Commission (JTC). The Joint Commission established a variety of safety checklists for different health care settings. Individual organizations may also establish lists, but the JTC is considered the standard. Difficulty: 1 Easy Topic: Patient Safety Standards Bloom’s: Understand ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation CAAHEP: I.C.12. Identify quality assurance practices in health care
36) Identify at least three safety goals established for hospital care.
Answer: 1. 2. 3. 4. 5.
6. 7. 8.
Identify patients correctly. Use at least two ways to identify a patient, such as the patient’s name and date of birth. Make sure patients receiving blood transfusions get the correct blood. Get important test results to the right staff person on time. Before a procedure, label all medicines in all containers—syringes, cups, and basins—located in the area where medicines and supplies are set up. Find out what medicines the patient is taking. Take extra care with patients who take blood-thinning medications. Compare all medicines the patient has been taking to new medicines given to the patient. Are there contraindications? Make sure the patient knows which medicines to take when they are at home. Tell the patient it is important to bring their up-to-date list of medicines every time they visit a doctor. Record and pass along correct information about a patient’s medicines. Check alarms on all medical equipment and make sure that they can be heard and are responded to on time. Use the Centers for Disease Control and Prevention or the World Health Organization guidelines for hand cleaning. Set and disseminate goals for improving hand cleaning. Use proven guidelines to prevent:
1. 2. 3. 4.
Infections that are difficult to treat. Blood infections from central lines. Infection after surgery. Infections of the urinary tract caused by catheters.
9.
Find out which patients are most likely to commit suicide, and be sure others treating such a patient are aware. 10. Make sure the correct surgery is done on the correct patient and at the correct place on the patient’s body.
1. 2.
Mark the correct place on the patient’s body where the surgery is to be done. Pause before the patient’s surgery to make sure that no mistakes are being made. It helps if the surgeon calls out, “We are performing ________ on the (right hand) of patient, ________, birth date ________.”
Difficulty: 2 Medium Topic: Patient Safety Standards Bloom’s: Understand ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation CAAHEP: I.C.12. Identify quality assurance practices in health care