Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
HIT 142 Midterm Rev
HIT 142 Midterm Review
| Question | Answer |
|---|---|
| Which of the following is NOT true about civil law? | Civil law also includes criminal law. |
| In a criminal case, the plaintiff is always _____________. | the government |
| That portion of law that focuses on the steps through which a case passes. | Procedural law |
| That portion of law that creates, defines, and regulates rights and duties. | Substantive law |
| The rights and duties that exist between parties who are independent of a contract. | Tort law |
| A law found in the decisions of the courts rather than in statutes. | Common law |
| The branch of law concerned with agreements between two or more parties. | Contract law |
| Crimes of less serious nature punishable by fine or a term of imprisonment of less than one year is known as _________. | misdemeanors |
| When served with a court order directing the release of health records, an individual____________. | must comply with it |
| Under the federal system, proposed rules and regulations are first published in the _____________. | Federal Register |
| What type of law is involved in most legal issues in the health care field? | Contract or tort law |
| When a court decision establishes a precedent that may be relied on in future court cases involving similar issues, it is called __________. | stare decisis |
| What are the first ten amendments of the United States Constitution called? | The Bill of Rights |
| What are the laws passed at the local level called? | Ordinances |
| What term describes when a court with jurisdiction renders a final decision on a case and forever bars a subsequent action raising the same claim or demand? | Res judicata |
| What alternative dispute resolution involves a voluntary process of a neutral third party (without expertise in the subject of the lawsuit) to assist both sides of a dispute in resolving their differences? | Mediation |
| Spoliation can be defined as which of the following? | It is destroying, changing, or hiding evidence intentionally. |
| What is the term used during the discovery process when electronically stored information is requested? | E-discovery |
| The admissibility of the health record into evidence is guided by Federal: | Civil Procedure Rules of Evidence |
| Article X of the Evidence Rules allows: | Allows for expert testimony to be presented during the court case |
| The jurisdiction for medical malpractice cases: | could be either state or federal |
| In a lawsuit, the plaintiff files a complaint and the defendant may also include in the answer a(n) ____________. | counterclaim |
| Stages through which a lawsuit passes. | Legal process |
| Actions of a party who possess electronic stored information to make efforts to prevent destruction and preserve ESI. | Litigation hold |
| The final decision of a jury in a trial case. | Verdict |
| The process by which a higher court is requested by a party to a lawsuit to review the decision of a lower court. | Appeal |
| A document used to start a civil action and acquire jurisdiction over a defendant. | Summons |
| The Evidence Rules are divided into ________ articles. | 11 |
| What process is determined by the health information professional when all legal requirements are met and a health record may be disclosed pursuant to a legally valid request? | Certification process |
| An approved method to challenge the validity of a subpoena duces tecum is known as a(n) _______________. | motion to quash |
| Name the parties that should be involved in the litigation response team. | legal counsel, health information management professional, information technology professional |
| What should health information professionals have in place when responding to legal process requests? | Litigation response plan |
| Which of the following is not a common element of a valid subpoena? | Signature of judge authorizing disclosure |
| The "custodian of health records" refers to the individual within an organization who is responsible for all except which of the following actions? | Testifying regarding the care of the patient |
| A health information professional may testify at either at a trial or at a(n) ___________. | deposition |
| After meeting the foundation requirements, what is the next step in making the health record admissible as evidence? | Establishing the accuracy and trustworthiness of the health record |
| Health records are considered as evidence under the most commonly used _____________________ . | business record exception |
| True or false? Health records are considered hearsay evidence. | True |
| What is the term used most often to describe the individual within an organization who is responsible for protecting health information in conjunction with the court system? | Custodian of records |
| A subpoena duces tecum compels the recipient to _____________________. | bring records to a legal proceeding |
| To be admissible, evidence must be both pertinent and ________. | proper |
| Which law created the HITECH Act? | American Recovery and Reinvestment Act (ARRA) |
| What is the legal term used to define the protection of health information in a physician-patient relationship? | Confidentiality |
| When does the hospital-patient relationship begin? | When the patient is voluntarily admitted to the hospital |
| What is the basis of the hospital-patient relationship? | The hospital's duty to treat the patient. |
| True or false? The hospital physician relationship begins with the credentialing process. | True |
| Who determines the scope and limit of the medical staff in a hospital? | The governing board |
| Which legislation allows hospitals to summarily suspend or restrict medical privileges to avoid imminent danger to patients? | Health Care Quality Improvement Act of 1986 |
| The rights and duties that exist between parties who are independent of a contract. | Tort law |
| The branch of law concerned with agreements between two or more parties that creates some type of obligation to act or refrain from acting. | Contract law |
| A maximum period of time during which various types of civil actions and criminal prosecutions can be brought after the occurrence of the injury or offense. | Statute of limitation |
| An act of force or threat of force intended to inflict harm upon a person or to put the person in fear that such harm is imminent. | Assault |
| The unconsented-to touching or striking of one person by another or by an object put in motion by him or her, with the intention of doing harm or giving offense. | Battery |
| What is the term for when a physician unilaterally terminates the physician-patient relationship without giving the patient reasonable notice at a time when there is a necessity for continuing care? | Medical abandonment |
| An obligation, to which the law gives recognition and effect, to conform to a particular standard of conduct toward another is called __________. | duty of care |
| Under the duty of care, a reasonably prudent person is someone with ______________ intelligence and experience. | average |
| The basis of every negligence claim in a medical malpractice case is the allegation of a(n) ______________. | breach of duty of care |
| What is the term that means a connection between the behavior and actions (or inaction) of a person and the consequences of such behavior or actions? | Causation |
| Nominal, actual and punitive are all types of ... | damages |
| What is another term used for exemplary damages? | Punitive damages |
| What type of damages are awarded as "making the plaintiff whole?" | Actual damages |
| What type of damages are awarded for punishing the wrongdoer or making an example of them? | Punitive damages |
| According to HIPAA what is the meaning for the acronym PHI? | Protected health information |
| When a patient has surgery and emerges from the anesthetic with a foreign object inside her body, such as a sponge. | Res ipsa loquitur |
| When a nurse (who is an employee of the hospital) administers the wrong medication to the patient causing the patient to lose normal use of her right foot. medicine at a hospital | Vicarious liability |
| When a hospital grants medical staff privileges to a physician and fails to investigate the qualifications of the physician who was accused of negligence. | Corporate negligence |
| When a psychotherapist's misstep to take action to protect an innocent third party from a dangerous patient. | Failure to warn |
| When a health information professional (working for a physician) releases unauthorized protected health information when his laptop was stolen. | Breach of confidentiality |
| In order to encourage physicians, other rescuers, and even private citizens to provide emergency treatment, several states have passed ____________ statutes. | Good Samaritan |
| What type of technology would help healthcare providers avoid breaches who reported theft or loss of electronic PHI? | Encryption |
| When the plaintiff's negligence does not defeat his or her cause of action, but it does reduce the damages he or she is entitle to recover is known as ________________. | comparative negligence |
| The right of an individual to keep personal health information from being disclosed to only selected individuals is a definition of ____________. | confidentiality |
| An individual's right to control access to his or her personal information is known as _______________. | privacy |
| Which of the following statements represents an example of nonmaleficence? | HITs must ensure that patient-identifiable information is not released to unauthorized parties. |
| The legal health record (LHR) is | Defined subset of all patient-specific data created or accumulated by a healthcare provider that may be released to third parties in response to a legally permissible request for patient information. |
| The best-interest standard often applies to persons who once met the __________ standard but are now considered _________ due to illness or injury. | competency, incompetent |
| The Hippocratic Oath illustrates both concepts of _________________. | nonmaleficence and beneficience |
| Autonomy is viewed as freedom unless it ___________. | interferes with another's rights |
| Which principle recognizes that ethical choices may result in untoward outcomes? | Double-effect |
| Patient rights involve the ________________________. | recognition that the patient is entitled to determine for herself the extent to which she will receive or forego treatment |
| Identify the committee that is formed within an organization to establish new and evaluate existing ethics codes and corporate policies to address ethical issues that arise in the workplace. | Ethics committee |
| Which federal legislation recognizes that it is the patient's right to determine the extent of health care services he will receive, not the exclusive right of the health care provider? | Patient Self Determination Act (PSDA) |
| Under the American Recovery and Reinvestment Act, what rights were granted to patients in regards to obtaining a copy of their protected health information? | A patient may request his health record in an electronic format if the provider uses or maintains an electronic health record. |
| Under HIPAA patients rights include: | -The right to be informed of the use and disclosure of their medical information - Right to restrict access or disclosure of medical information -Right to amend health information |
| The ethical role of a supervisor involves ___________. | serving as a role model to employees and others in an organization |
| Which law requires healthcare providers to inform patients about the law and their right to make advance decisions concerning health care? | PSDA |
| Based upon the substantive legal rights found in state law but are also recognized at the federal level. | Advance directives |
| This document allows a competent individual to name someone else to exercise health-related decisions on her behalf in the event that the individual becomes unable to make decisions. | Durable power of attorney for health care |
| A document executed while is competent, that provides direction as to medical care the patient should receive in the event she is incapacitated or unable to make personal decisions. | Living will |
| What does GINA stand for? | Genetic Information Nondiscrimination Act |
| Under GINA, it is permissible for the health information manager to ________. | refuse the release of genetic information for insurance or employment qualifications |
| Which term identifies the practice in which no heroic measures are taken to preserve life? | Passive euthanasia |
| The business record generated at or by the health care provider or organization that addresses the patient's episode of care what was delivered by the provider or organization is called the __________________. | legal health record |
| An example is the Conditions of Participation (CoP) in the Medicare Program. | Regulations |
| Although they do not have the force of law, the are used to establish the standard of care in negligence actions against healthcare providers. | Accrediting standards |
| An example is the Medical Records Act of 1974 that defines the content of a health record. | Statutory provisions |
| Typically broad statements or detailed listings by a healthcare organization. | Institutional standards |
| An examples is the American Health Information Management Association's (AHIMA) published guidelines and position statements. | Professional guidelines |
| Authorship of a health record entry may be complicated by ________. | allowing the user to copy and paste, possibly into the wrong record |
| What does the phrase deeming authority mean? | To substitute compliance with accreditation standards for compliance with CMS regulations |
| If an item was not charted in a health record, it is presumed that _______. | if it wasn't documented, it wasn't done |
| Which of the following is the proper method to correct an error made in a paper-based health record? | An addendum to the record should be documented, leaving the original entry in place. |
| What should be considered first when establishing health record retention policies? | State retention requirements |
| Which of the following is true about health information retention? | Retention periods differ among healthcare facilities |
| Who owns the health record? | Provider who generated the information |
| What is the correct order of steps in a civil lawsuit? | 1. Complaint 2. Discovery 3. Pretrial Conference 4. Trial 5. Appeal 6. Satisfying the judgement |
| The rights and duties that exist between parties who are independent of a contract. | Tort law |
| The branch of law concerned with agreements between two or more parties that creates some type of obligation to act or refrain from acting. | Contract law |
| A maximum period of time during which various types of civil actions and criminal prosecutions can be brought after the occurrence of the injury or offense. | Statute of limitation |
| An act of force or threat of force intended to inflict harm upon a person or to put the person in fear that such harm is imminent. | Assault |
| The unconsented-to touching or striking of one person by another or by an object put in motion by him or her, with the intention of doing harm or giving offense. | Battery |
Created by:
Prof Clark