Deck 3: Judicial Process of Health Information

Question 1

Which occurs when the court directs a person or organization to appear to explain why the court should not take a proposed action?

A) court order
B) show cause order
C) subpoena
D) subpoena testificandum

Answer 1

show cause order

Question 2

An approved method to challenge the validity of a subpoena duces tecum called a _____.

A) litigation hold
B) motion to quash
C) order to deny
D) response to interrogation

Answer 2

motion to quash

Question 3

Health records are considered _____ when the business record exception rule applies.

A) admissible as evidence
B) circumstantial evidence
C) excluded as evidence
D) not admissible as evidence

Answer 3

admissible as evidence

Question 4

Healthcare records are considered hearsay evidence because _____.

A) entries are not made under oath at the time they were documented
B) providers who documented in the record cannot be called as witnesses
C) there is a potential for tampering of healthcare records by the provider
D) they are business records and, therefore, not admissible into a court of law

Question 5

What is the action of a party who possesses data to make efforts to prevent routine destruction of electronically stored information?

A) litigation hold
B) notice of preservation
C) order of preservation
D) production of things

Question 6

Spoliation is _____.

A) accidental damage to a health record
B) litigation holds that impact health records
C) lying under oath during a court proceeding
D) wrongful destruction or alteration of evidence

Question 7

Which is the inspection and/or copying of documents or other physical evidence upon written request?

A) interrogatory
B) deposition
C) production of documents and things
D) request for admission

Question 8

What is a court order?

A) authorization for disclosure that would otherwise be prohibited by statute or regulation.
B) command by the court to appear in person and produce all health and business records.
C) request for production of documents, which also has to be signed by the patient.
D) subpoena duces tecum, which is signed by the court clerk to produce health records.

Question 9

What is command ordered by the court, which requires the appearance of a witness to provide testimony?

A) court order for appearance
B) subpoena duces tecum
C) subpoena testificandum
D) subpoena presentarium

Question 10

What is a request of admission?

A) oral or written questions presented to gather information.
B) request to present documents, such as business records.
C) testimony under oath, as ordered by the providing judge.
D) written questions presented to a party to obtain certain facts.

Question 11

Which is an exclusion to physician-patient privilege rules?

A) known criminal activity by the patient.
B) physician believes the disclosure could benefit research.
C) there is known domestic violence.
D) when privilege conceals child abuse.

Question 12

Which of the following is true regarding the physician-patient privilege?

A) It is designed to protect the physician in litigation.
B) It is designed to prevent forced disclosure of information by the health care provider.
C) It may not be asserted on behalf of the patient by the physician.
D) It applies only to criminal actions.

Question 13

The "I'm Sorry" statutes _____.

A) are the same in all states of the United States of America
B) exclude apology and admission of fault in some states
C) prevent a patient from suing for malpractice or negligence
D) result in an overabundance of lawsuits throughout the world

Question 14

The health record become admissible to court after:

A) a subpoena duces tecum has been issued/processed.
B) it is retrieved under court order, signed by a judge.
C) meeting foundation and trustworthiness requirements.
D) the patient signs an authorization to release information.

Question 15

Which is associated with a deposition?

A) inspection of business documents and health records.
B) production of business documents and health records.
C) testimony given under oath outside the courtroom.
D) written questions presented to a party or parties.

Question 16

Which allows a healthcare record to be admitted into evidence?

A) business record exception
B) deposition exception
C) evidentiary exception
D) expert witness exception

Question 17

A notice of preservation _____.

A) notifies the opposing party of the need to preserve relevant electronic evidence
B) requires the opposing party to preserve electronic evidence and paper-based records
C) serves to facilitate the production of automated and paper-based health records
D) treats paper-based health records as more important than automated health records

Question 18

Out-of-court statements offered to prove the truth of the matter asserted is/are called _____,

A) depositions
B) electronic communications
C) hearsay evidence
D) testimony

Question 19

Which may issue a subpoena?

A) attorney secretaries
B) federal court clerks
C) hospital risk managers
D) witnesses

Question 20

Who owns the health care record?

A) Governments
B) Owner of storage medium
C) Patients
D) Third-party payers

Question 21

Which was created by statute and used to prevent the forced disclosure of, or testimony about, information obtained by the health care provider during the course of treatment?

A) certification process
B) evidence
C) litigation hold
D) physician-patient privilege

Question 22

A court order _____.

A) authorizes disclosure that would otherwise be prohibited by statute and regulation
B) establishes trustworthiness for the purpose of providing valid testimony
C) is governed by rules of evidence
D) refers to discoverable data such as electronically stored information (ESI)

Question 23

A show cause order _____.

A) authorizes the disclosure of information that would otherwise be prohibited by statute and regulation
B) directs a person or organization to appear in court and explain why the court should not take a proposed action
C) is issued to require a witness to appear in court and/or to present certain documents and other things
D) results in the production of a particular record at trial and requires the records custodian to testify

Question 24

Only HIV and AIDS patients must sign authorization forms for the release of their medical information.

Question 25

When information concerning HIV/AIDS, mental health, and substance abuse is released to a third party, a _____ prohibits sharing the information with yet another third party unless the patient signs an authorization to release the information.

A) motion to quash
B) prevention of spoliation
C) redisclosure statement
D) subpoena duces tecum

Question 26

Legal counsel, senior management/ health care providers/ governing board, HIM professional and IT professional are considered the litigation response team.

Question 27

Which legal use of health care information directly impacts patient care?

A) billing for care provided to a patient.
B) confirmation of blood alcohol level.
C) establishing standards of care.
D) evidence in civil actions.

Question 28

The legal right to keep certain information private and confidential and protect it from subpoena, discovery, or admission into evidence is called the _____.

A) foundation requirement
B) privilege doctrine
C) release of information process
D) trustworthiness requirement

Question 29

Rules of evidence cover what is considered both pertinent and proper for use by a jury and a judge in reaching a decision, and such evidence is considered _____.

A) admissible
B) hearsay
C) spoliation
D) worthy

Question 30

Which is presented to a court or jury as proof of the facts in issue and that may include the testimony of witnesses, records, documents, or objects?

A) court order
B) evidence
C) litigation response plan
D) show cause order

Question 31

Which question is asked to establish the trustworthiness requirement as related to the admissibility of the health record into evidence?

A) Did the person recording events (e.g., patient care) have knowledge of the events?
B) Were the health records available at or near time the event was recorded?
C) Were the health records kept during the ordinary course of business?
D) Which external procedures were followed concerning access to health records?

Question 32

To be admissible, evidence must be both pertinent and proper.

Question 33

Evidence is described as testimony, writings, material objects, or other things presented to prove or disapprove a fact.

Question 34

A subpoena ad testificandum _____.

A) authorizes disclosure of information otherwise prohibited by law
B) commands the appearance of a witness to provide testimony
C) is issued by a court to appear and present certain documents
D) seeks information stored electronically in any medium

Question 35

A litigation response plan is a _____.

A) motion to quash
B) subpoena commanding the testimony of a witness
C) subpoena duces tecum commanding the production of documents
D) tool consisting of policies and procedures that address how to respond to the legal process requests

Question 36

Which provides verification that the copy of the patient record is an exact duplicate of the original?

A) certification process
B) litigation response plan
C) notice of preservation
D) subpoena duces tecum

Question 37

Which is a concept that describes the requirement to anticipate the need for data in a court action?

A) duty to preserve
B) litigation hold
C) order of preservation
D) notice of preservation