Deck 9: Legal Aspects of Health Information Management

Question 1

Privacy is the process of keeping privileged communication secret.

Answer 1

False

Question 2

Electronic records are not admissible in court.

Answer 2

False

Question 3

Confidential Human Immunodeficiency Virus (HIV) information includes only that information related to patients who have active HIV infections.

Answer 3

False

Question 4

Res gestae is Latin for "things done."

Question 5

Federal laws govern patient access and restrictions as to disclosure of mental health records.

Question 6

A qualified protective order permits the use or disclosure of protected health information for any purpose.

Question 7

Civil law deals with relationships between individuals and government.

Question 8

The HIPAA privacy rule establishes standards to ensure the security of patients' health information.

Question 9

Happy Hospital is undergoing a state department of health inspection. HIPAA prohibits the hospital from disclosing protected health information to the state department inspectors.

Question 10

Stare decisis is Greek for "to stand by things decided."

Question 11

Medical negligence results when a health care provider acts in an improper way.

Question 12

The HIPAA regulation improved the portability and continuity of health insurance coverage in group and individual markets.

Question 13

Discovery is the legal process lawyers use to obtain information about all aspects of a case.

Question 14

A health care organization must keep confidential the protected health information (PHI) of a deceased patient for six years following the patient's death.

Question 15

The purpose of the security rule is to adopt national standards for storing patient records.

Question 16

Patients are allowed to obtain copies of their records and to request that amendments be made to their records.

Question 17

The Health Insurance Portability and Accountability Act (HIPAA) regulation is an example of administrative law.

Question 18

Happy Hospital has treated a patient with a gunshot wound in its emergency department. According to HIPAA, protected health information can be disclosed to law enforcement officials.

Question 19

All states have enacted comprehensive laws to deal with issues raised by the computerization of patient records.

Question 20

Each state establishes a list of reportable events for which providers must submit patient information to appropriate agencies.

Question 21

:Civil law deals with the legal rights and responsibilities of private individuals and includes

A) contracts.
B) criminal acts.
C) contracts and torts.
D) torts.

Question 22

An authorization to disclose protected health information (PHI) is not required when

A) a patient's new employer wishes to verify the employee's past medical history.
B) Dr. Jones releases records to Dr. Smith for continuity of patient care.
C) Happy Hospital identifies a patient as a cancer survivor in its newsletter.
D) ABC Insurance Company verifies that a patient was diagnosed with HIV.

Question 23

The medical record must be maintained according to

A) accreditation standards and case law.
B) case laws and regulations.
C) common laws and professional practice standards.
D) professional practice standards and federal/state regulations.

Question 24

The HIPPA privacy rule establishes standards for

A) credentialing HIM professionals.
B) the protection of confidentiality of individually identifiable health information.
C) the retention of records.
D) patient access to information.

Question 25

A patient can obtain a copy of all reports in his or her medical record except the

A) admission history and physical.
B) dental record.
C) psychotherapy notes.
D) treatment plan.

Question 26

The type of law passed by a legislative body that can be amended, repealed, or expanded by that legislative body is called

A) case law.
B) criminal law.
C) common law.
D) statutory law.

Question 27

The Latin term that means "the thing speaks for itself" is

A) res gestae.
B) res ipsa loquitur.
C) stare decisis.
D) subpoena.

Question 28

Which statement correctly describes the HIPAA regulation?

A) The security safeguards protect the disclosure of information.
B) The "portability" aspect protects health data integrity and confidentiality.
C) The privacy rule establishes standards to protect confidentiality of PHI.
D) The security rule requires that all health care employees have FBI background checks.

Question 29

The doctrine of respondeat superior would apply in which of the following situations?

A) An ambulance company documents incorrect information on an ambulance report. The hospital is liable.
B) An X-ray technician prepares the wrong patient for a CT scan. The supervisor is liable.
C) A nurse administers the wrong medication to a patient. The hospital is liable.
D) An attending physician operates on a patient's wrong leg. The hospital is liable.

Question 30

Open access to federal agency records is allowed by the

A) Medicare Conditions of Participation.
B) Freedom of Information Act of 1966.
C) Omnibus Budget Reconciliation Act of 1990.
D) Uniform Information Act.

Question 31

The HIM director has received a written document that requires her to appear in court and bring any and all records on patient Polly Jones. The document that she received is called a

A) court order.
B) subpoena.
C) subpoena duces tecum.
D) subpoena ad testificandum.

Question 32

Tom was injured on the job. According to HIPAA, which would have the right to access his protected health information regarding that job injury?

A) Employer
B) Life insurance company
C) Lawyer
D) Workers' compensation carrier

Question 33

Which of the following correctly describes a patient record?

A) The patient record cannot be amended by a patient.
B) All states have the same rules and laws requiring legality of patient records.
C) Medical documentation is technically considered hearsay.
D) Medical records are only admissible to court with a judge's order.

Question 34

The health information management (HIM) department microfilms records after four years of hard copy retention. The HIM director needs to present a patient's record that has been microfilmed. The records are

A) admissible in court as secondary evidence.
B) admissible in court as primary evidence.
C) not admissible in court because they are on microfilm.
D) not admissible in court because they are hearsay evidence.

Question 35

Dr. Smith operated on Polly Jones, and it was determined three weeks after surgery that Dr. Smith left a small needle in the patient's abdomen. Which doctrine would apply to this negligent act?

A) Res gestae
B) Res ipsa loquitur
C) Res judicata
D) Respondeat superior

Question 36

Mark Jones is receiving traction in the physical therapy department at Happy Hospital. The therapist sets the traction unit at a level higher than ordered, and Mark is injured. The hospital is liable for the negligent act under the doctrine of

A) res gestae.
B) res ipsa loquitur.
C) res judicata.
D) respondeat superior.

Question 37

Tom Top was admitted to Fresh Start, a drug and alcohol rehabilitation facility. His friend calls the facility to speak with him and get his room number. The facility's response should be to

A) provide only the patient's room number.
B) state that patients are not allowed to accept calls.
C) state that the facility cannot confirm that Tom is a patient.
D) transfer the call to Tom's room phone.

Question 38

Jack Smith claimed $10,000 for medical expenses on his income tax return. The Internal Revenue Service (IRS) is trying to verify that he received care at Happy Hospital. When an IRS agent calls the hospital to request pertinent information, what action should the hospital take?

A) Send copies of the patient's record to the IRS.
B) Send copies of the patient's financial records to the IRS.
C) Not respond to the request for information from the IRS.
D) Request that the IRS obtain patient authorization to release PHI.

Question 39

Sally Smith, a health information department employee, is placed on the witness stand during a court hearing. She may testify that

A) the patient's cardiac arrest was drug induced.
B) Dr. Top was the best physician to cover this case.
C) the patient was comatose upon arrival in the emergency department.
D) progress notes were kept in the normal course of business.

Question 40

PHI includes all of the following except

A) patient's name.
B) patient's date of birth.
C) hospital address.
D) medical record numbers.

Question 41

Which of the following statements is false?

A) PHI is information that is identifiable to an individual.
B) HIPAA has established specific requirements for an authorization form.
C) Patients can revoke an authorization at any time with permission of the attending physician.
D) Patients are allowed to obtain copies of their records.

Question 42

The ________________________________________ requires that consumers be provided with informed consent and information about their right to make advance health care decisions.

Question 43

The purpose of the HIPAA security rule is to

A) protect the release of patient information and establish retention periods.
B) adopt national standards for safeguards to protect the confidentiality, integrity, and availability of electronic health information.
C) establish standards for the formation of business associate agreements.
D) outline the specific security training requirements for the privacy rule.

Question 44

Information about the provision, coordination, and management of health care and services is known as _____ under HIPAA.

A) payment information
B) operational information
C) treatment information
D) patient information

Question 45

Private and public sector organizations that must follow HIPAA provisions are called ____________________.

Question 46

Health information departments maintain a ______________________________ to document patient information released to authorized requestors.

Question 47

Patients have the right to ____________________ of PHI.

Question 48

The HIPAA ____________________ requires the adoption of standards and safeguards to protect health information that is collected, maintained, or transmitted electronically.

Question 49

The National Practitioner Data Base was established by the _____________________________________________.

Question 50

Which of the following statements is true?

A) A covered entity must protect PHI of a deceased patient for six years.
B) A covered entity may not disclosure PHI to a business associate.
C) HIPAA mandates a time limit of 60 days for covered entities to respond to amendment requests.
D) Patients are not allowed access to their medical records until 60 days after discharge.

Question 51

Electronic transmissions of PHI are impacted by the ______________________________.

Question 52

Facilities need to have in place a _________________________ in the event of an emergency that damages systems containing electronic PHI.

Question 53

The time period after which a lawsuit cannot be filed is called the _________________________.

Question 54

An individual has the right to receive an accounting of disclosure of PHI made by a facility during the ____________________ years prior to the date an accounting is requested.

Question 55

The type of law based on judicial decisions and precedent rather than statutes is called ____________________.

Question 56

Res superior is Latin for "______________________________."

Question 57

Failure to obey a subpoena constitutes _________________________.

Question 58

The individual who initiates a civil complaint and has the burden of proof is called the ____________________.

Question 59

When an individual requests an accounting of disclosure of PHI, the facility has ____________________ to act on the request.

Question 60

State laws that preempt HIPAA privacy provisions usually cover the following types of information, except for

A) AIDS.
B) HIV.
C) mental health.
D) cardiac.

Question 61

Health care providers and facilities can voluntarily report health care mistakes to ____________________.

Question 62

Interpret the Latin term res judicata.

Question 63

Describe the proposed standard for electronic signatures, and explain the terms encrypt and decrypt.

Question 64

Explain the policies and procedures that should be established by a facility to promote HIPAA security provisions.

Question 65

The HIPAA regulation allows patients to access their records and gives them the right to request that amendments be made to their records. What is the time limit in which the facility must respond if a patient requests a copy of his or her record or that an amendment be made to the record?

Question 66

A surgeon who performs surgery without written consent can be charged with ____________________.

Question 67

According to the HIPAA privacy rule, "An individual has the right to inspect and obtain a copy of the individual's protected health information (PHI) in a designated record set." State any exceptions to this rule.

Question 68

Describe the term administrative law, and discuss how administrative law is interpreted.

Question 69

Differentiate between discovery and interrogatory.

Question 70

The retention of patient records is governed by ____________________laws.

Question 71

List the activities for which authorization is not needed to disclose PHI to health oversight agencies.

Question 72

Security awareness and training programs should include security reminders, log-in monitoring, and ____________________ management.

Question 73

State the purpose of a qualified protective order.

Question 74

Define treatment, payment, and health care operations (TPO) as stated in the HIPAA regulation.

Question 75

The development of a ____________________ allows facilities to respond to an emergency or other occurrence that may damage systems containing electronic information.