Exam 15: Privacy and Health Law

The confidentiality of alcohol and drug abuse records is largely determined by state legislation.

The Patient Self-Determination Act requires that health care organizations inquire whether patients have advance directives.

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?

Age of majority indicates the number of years one must be to be considered an adult under state law.

In a malpractice action against a hospital, the hospital is the defendant.

When a nursing home patient is transferred to the hospital for surgery on a broken hip sustained in a fall, the informed consent for surgery is implied in the nursing home transfer.

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

The doctrine of charitable immunity was repealed as a result of the Darling v. Charleston Community Memorial Hospital decision by the Illinois Supreme Court.

The statute of limitations refers to which one of these choices?

Assume that at a medical malpractice trial alleging that a sponge was left in a surgical site, exactly 50% of the evidence favors the defendant surgeon, and 50% favors the plaintiff. Would you agree that the plaintiff is more likely to win the case because of the doctrine of res ipsa loquitur?

Which is a practical criterion for determining whether information is confidential or nonconfidential?

Assume that an employee of a hospital's health information management department inappropriately releases confidential information to a patient's employer. The patient decides to sue for breach of confidentiality. All the following parties could be held liable for this breach except the

Which one of the following is not considered a covered entity under the Health Insurance Portability and Accountability Act?

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

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?

Which Act imposed new obligations on health care facilities to provide medical screening examinations on patients before transferring them to other facilities?

Interrogatories are often a part of the pretrial discovery process.

When a surgeon promises there is no chance of disfigurement resulting from plastic surgery and disfigurement happens, a breach of guarantee has occurred.

All of the following are considered advance directives except

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