Exam 14: Privacy and Health Law

Personal health information used for patient treatment is subject to the minimum necessary provision of Health Insurance Portability and Accountability Act.

All of the following are considered advance directives except:

If, on receipt of a subpoena duces tecum, the health information management professional felt that the order was defective in some way and the facility wished to contest the validity of that order, what sort of motion would be filed by the facility's legal counsel? _________________________

The risk of refusing a procedure or treatment should be included in an informed consent for treatment.

A health professional has breached an implied contractual duty when he or she fails to report events required by law (such as industrial accidents, abortions, cancer cases, communicable diseases, and vital statistics) when required for his or her position.

An authorization that complies with the Health Insurance Portability and Accountability Act includes:

The purpose of the Notice of Privacy Practices is: 1. For patients/policy holders to sign to give the covered entity permission to use and disclose their health information. 2. To communicate to patients/policy holders how covered entities will use and disclose their health information. 3) To inform patients/policy holders about their rights concerning their health information. 4) To tell patients/policy holders to whom and how they can complain when they think their rights have been abused.

A patient is claiming negligence for a fall in the hospital that resulted in a fracture of the elbow. It is not likely this patient can claim negligence unless there was evidence that the provider breached a duty.

Which is a basic element of negligence?

In a given situation, it is determined that the Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulations preempted another law. This means that the law that applies to the situation is:

Health information management professionals and their employers have a legal duty to maintain health information on the facility's patients.

In litigation, the bailiff is in charge of deciding what laws are applicable to the case.

Laws that give patients the right to access their own health information include all except:

Which health care organization(s) is bound by the provisions of the Privacy Act of 1974?

An example of hearsay testimony is: (Quotation marks indicate statements made while testifying)

Protected health information can be disclosed to law enforcement personnel without the patient's authorization for purposes of all of the following except:

An employee of health information services disclosed protected health information to a media representative disguised as a medical resident. Do you agree that the employee followed release-of-information policies and procedures for health information services in this situation?

Dr. Snow failed to apply the standards of skill, learning, and care expected of physicians in good standing when treating his patient, Mr. Rocky States. What is the legal term for this act of omission or commission?

A _________________________ is a court order requiring someone to come before the court with certain records or documents.

An employee of health information services disclosed protected health information to a media representative disguised as a medical resident. Do you agree that the employer can be held liable for this event under the doctrine of respondeat superior in this situation?