Exam 15: Privacy and Health Law

Minors who are married, living away from home, responsible for their own support, and who the law recognizes as being able to make their own decisions and agreements are generally called ____________________.

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

Negligence action(s) include(s)

In deciding malpractice cases against physicians in highly technical cases, the jury uses the standard of the "reasonable man."

Persons who violate the patient's right to release his/her health information to another provider can be held liable.

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

The purpose of the concept of the designated record set is for a covered entity to 1) Identify the portions of the medical record to which a patient can have access. 2) Identify the portions of the medical record to which a patient can request amendment. 3) Identify the portions of the medical record that may be subject to disclosure for treatment and payment.

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

The U.S. Bill of Rights is a source of ____________________ law.

Tort action(s) include(s)

A properly executed authorization to release alcohol-related treatment information must include a description of the information to be disclosed.

When a health information management professional receives a subpoena duces tecum, believes the order is defective in some way and the facility decides to contest the validity of that order, what sort of motion would be filed by the facility's legal counsel? _________________________

A tort action is likely for an unconsented surgical procedure.

Which management input would be relevant in devising a health care facility's policy on release of health information to the media?

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.

Which is a basic element of negligence?

Because patients volunteer information to their care providers, care providers cannot be found guilty of invasion of privacy.

Health information can be admitted to a court proceeding as a business record.

If an order to appear in court and to bring patient records with you is defective because some key information is missing, the subpoena can be ignored.

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