Deck 9: Confidentiality and Informed Consent

Question 1

The Freedom of Information Act applies to _____,

A) Governmental record-keeping only
B) HIPAA-legislated P.H.I.
C) Private sector records
D) State and federal records

Answer 1

Governmental record-keeping only

Question 2

A constitutional basis for the right to privacy exists because _____.

A) HIPAA legislation outlines patients' right to privacy
B) Individual states have ratified state constitutions to this effect
C) Privacy is explicitly stated as a right in the United States Constitution
D) The Supreme Court has applied privacy in the context of health information

Answer 2

The Supreme Court has applied privacy in the context of health information

Question 3

Records held by a state agency correspond with principles of FOIA and fall into the _____ category of confidentiality protection?

A) Common law
B) Open record
C) Physician-patient privilege
D) Privacy

Answer 3

Open record

Question 4

The right to privacy is limited in the event that the _____.

A) Patient is an employee of the facility where the records are maintained
B) Patient rights to privacy interfere in some way with the public good
C) Right to privacy is absolute under the United States Constitution
D) Right to confidentiality and privacy is mandated by HIPAA legislation

Question 5

Personal and medical information that contains identifiers by which an individual can be recognized are referred to as:

A) PHD - personal health data.
B) PHI - personal health information.
C) PHI - protected health information.
D) PMD - private medical data.

Question 6

Which is an example of emancipation of a minor?

A) 14-year-old female who has an STD.
B) 17-year-old who enters the armed forces.
C) Mentally competent 10-year old child.
D) Minor who no longer lives with parents.

Question 7

Which scenario is an example of informed consent?

A) A pregnant 21-year-old girl gives her permission to undergo cesarean section delivery.
B) A mentally incompetent adult agrees to undergo an elective cholecystectomy.
C) An Alzheimer's patient agrees to allow a pacemaker to be implanted.
D) An elderly female allows her minister to sign a consent for emergency surgery.

Question 8

The health information manager must issue and post the healthcare provider's duties concerning PHI,which is called the _____.

A) Notice of Privacy Practice
B) Privacy and Confidentiality Statement
C) Protected Health Information Rule
D) Treatment,Procedures,Operations Statement

Question 9

The right to bring a lawsuit for damages related to breach of confidentiality is protected under _____.

A) Common law
B) Constitutional law
C) Privacy law
D) Statutory law

Question 10

Which statutes a category of confidentiality protection at the state level?

A) Common law liability
B) Mandated redisclosure
C) Professional disclosure
D) Physician-patient privilege

Question 11

Which concept provides the original basis for maintaining confidentiality between patient and healthcare provider?

A) Bill of Rights
B) HIPAA
C) Hippocratic oath
D) Informed consent

Question 12

Which is considered an identifier of protected health information?

A) Admission date
B) Employer telephone number
C) Name of pastor
D) Next of kin

Question 13

The confidentiality of HIV information _____.

A) Does not require disclosure to the patient that re-release of such information was performed if in the best interest of the general public
B) Is protected in the same manner as any other type of protected health information,including inpatient stays and outpatient encounters
C) Means a positive test result can be disclosed without prior consent to protect the public if actions are taken to protect the patient's identity
D) Restricts identification of the patient tested and the reason for testing,but not results of the test,whether positive or negative

Question 14

The Privacy Act of 1974 _____.

A) Does not apply to government records
B) Focuses on private sector records
C) Mandates disclosure of information
D) Presumes that information be kept confidential

Question 15

Health information becomes confidential _____.

A) After it is made available to the healthcare provider
B) Only when it contains particularly sensitive information
C) Until the patient no longer receives provider services
D) When the patient expressly indicates it is not to released

Question 16

How is substituted consent defined?

A) The administrator of the healthcare facility is constitutionally permitted to sign the consent to treatment for a mentally incompetent patient.
B) A healthcare provider continues with life-saving measures after a competent adult refuses to provide consent even when in his best interest.
C) A healthcare provider can provide treatment to the patient when the patient cannot provide consent to treatment and an authorized individual provides consent.
D) Another adult may provide consent that is in the best interest of another competent adult who is refusing a life-saving treatment.

Question 17

Which of the below is part of informed consent?

A) Consent must be received from a competent adult for it to be valid
B) Explanations must be outlined in appropriate medical terms to be complete
C) Just benefits of intended treatment are necessary so as not to frighten the patient
D) Numerous clauses that relieve the provider of any liability for battery

Question 18

Which of the following is a difference between confidentiality and privacy?

A) Confidentiality is the right that all patients have to completely control access to their health information.
B) Confidentiality is patients' ability to prevent access to all forms of health information from all entities.
C) Privacy is the right that patients have to be left alone and to control access to their health information.
D) Privacy is an institution's obligation to prevent unauthorized access to patients' health information.

Question 19

Informed consent is a _____.

A) Document attesting to the patient's agreement to treatment permitted or provided
B) Legal theory of permission that was denied prior to a physician performing treatment
C) Process of discussion that occurs between the patient and the patient representative
D) Result of the patient having verbally stated that she is willing to undergo treatment

Question 20

The physician-patient privilege applies to information obtained in the context of _____.

A) Introduction of evidence at trial
B) Mental health treatment
C) Suppression of information
D) Reporting of STDs

Question 21

Implied or tacit consent applies to _____.

A) Emergency situations involving a conscious adult
B) Good Samaritan elective procedures and treatment
C) Invasive procedures that require general anesthesia
D) Procedures involving little or no risk to the patient

Question 22

Describe the difference between a living will and durable power of attorney.

Question 23

Advance directives are written instructions recognized under state law,such as living wills or durable power of attorney for health care,that relate to the kind of health care the patient wishes to have or not have when incapacitated.

Question 24

Privacy refers to the right to be left alone.Confidentiality is the _____.

A) Authorization to release protected health information by incompetent patients
B) Ethical principle that states protected health information must be disseminated
C) Obligation of a healthcare provider to prevent dissemination of patient information
D) Right to control personal information,regardless of competency or condition

Question 25

Prior to the development of the informed consent doctrine,which theory would have been used to hold a physician accountable for his actions?

A) Autonomy
B) Battery
C) Charitable immunity
D) Good Samaritan

Question 26

Confidentiality is the obligation of the health care provider to maintain patient information in a manner that will not permit dissemination beyond the health care provider.

Question 27

When evaluating informed consent,expert testimony regarding disclosure of information to the patient is based on the _____ standard.

A) Common law
B) Professional disclosure
C) Reasonable man
D) Unauthorized treatment

Question 28

Ethical guidelines have been established regarding patients with HIV and AIDS,which state that _____.

A) Providers may release information regarding the diagnosis only after a patient's death
B) Providers' obligation of confidentiality does not cease with the death of the patient
C) The diagnosis of HIV/AIDS requires information to be released to family members
D) The diagnosis of HIV/AIDS must be shared with healthcare providers

Question 29

A patient who is HIV positive passed away in a car accident.His physician made a comment to the patient's best friend that he couldn't believe the patient had HIV but ended up dying in a car accident instead.Since the patient is dead it doesn't matter that the physician mentioned his HIV status.

Question 30

Good Samaritan laws provide legal protection for _____ treatment.

A) elective
B) healthcare
C) negligent
D) unauthorized

Question 31

Which legislation was enacted to allow patients to create advance directives while competent?

A) FOIA
B) HIPAA
C) PSDA
D) TEFRA

Question 32

Name,address information,date,phone number,etc.are all considered individual identifiers under HIPAA.

Question 33

The focus of the passage of the Patient Self-Determination Act (PSDA)is to _____.

A) Acknowledge that patients have the right to choose the provider from which they receive healthcare services
B) Communicate to patients how a provider receives Medicare and Medicaid reimbursement
C) Ensure that a patient's right to make health-care decisions is communicated and protected
D) Guarantee that Medicare and Medicaid reimbursement to healthcare providers is handled appropriately

Question 34

In which situation is implied consent appropriate for treatment of a child?

A) Parent or guardian refuses to allow a blood transfusion following a child's accident.
B) Providers determine that a child requires closed reduction of closed fracture.
C) Surgery to repair a ruptured spleen is performed in the absence of parent/guardian.
D) Sutures are needed for treatment of a laceration that resulted from a sporting event.

Question 35

To determine if the information provided was sufficient to obtain informed consent,the element of _____ is required.

A) Costs associated with the procedure
B) Description of possible complications
C) Possible alternative payment plans
D) Treatment,payment,operations

Question 36

A living will provides _____,

A) Clarification about who will make healthcare decisions in the event of the patient's recovery from illness
B) Direction about what medical care is to be provided in the event of incapacitation or inability to make decisions
C) Instructions regarding the executor of an estate and how assets will be distributed upon the patient's death
D) Legal decisions that the family's wishes with regard to the patient's health care when the patient has expired

Question 37

HIV/ AIDS confidentiality statutes place restrictions on identifying both the patient tested and the test result.

Question 38

Which recognizes the patient's right to bring a lawsuit for damages or relief against someone who obtains,releases,or uses protected health information (PHI)inappropriately?

A) AMA ethical guidelines
B) Common law basis
C) Freedom of Information Act
D) Informed consent

Question 39

When obtaining informed consent,which information must be part of the process?

A) Documentation that discussion occurred.
B) Obtaining patient's insurance information.
C) Release of liability statement from patient.
D) Use of electronic health record (EHR).

Question 40

The right to privacy is not specifically mentioned in the U.S.Constitution,but the U.S.Supreme Court has determined that a fundamental right to privacy exists.However,the patient's interests versus the public's right to know must be balanced and sometimes the courts will find that although a patient has a right to privacy,that right is overridden by the public's right to know,such as in the _____ court case.

A) Bing v.Thunig
B) Darling v.Charleston Hospital
C) Schindler Schiavo v.Schiavo
D) Whalen v.Roe

Question 41

Describe the physician- patient privilege and when is it used.