• Legal disputes with the medical staff must be avoided if at all possible because

 

(Points: 3)

Collusion with the medical staff violates antitrust laws

Physicians are hospital employees

Such disputes are disruptive and expensive

Physicians are solely responsible for admitting patients

 

Question 2.  “Corporate liability” refers to which of the following?

 

(Points: 3)

A corporation’s responsibility for the acts of its employees

Use of reasonable care in appointing members of the medical staff

Medical malpractice insurance coverage

Medicare Conditions of Participation

 

Question 3. A significant aspect of the Health Care Quality Improvement Act is that it

 

(Points: 3)

Creates a national data bank on peer review activities

Establishes a national board of appeals for peer review decisions

Requires hospitals to immediately suspend any physician suspected of misconduct

Allows courts to substitute their judgments about decisions to suspend a physician’s privileges

 

Question 4. Of the following legal issues, which is most likely to be of concern in the peer review process?

 

(Points: 3)

Licensure

Criminal background checks

Medical society membership

Confidentiality of peer review records

 

Question 5. Which of the following is not commonly a function of the organized medical staff?

 

(Points: 3)

Providing continuing medical education

Serving as a liaison between physicians and the governing board

Doing background checks on applications for medical staff privileges

Investigating Medicare and Medicaid fraud by physicians

 

Question 6. Who has ultimate responsibility for the quality of care rendered in a healthcare Organization?

 

(Points: 3)

Governing board (board of directors/trustees)

Chief of the medical staff

Medical executive committee

Medical staff credentialing committee

 

Question 7. When acting on applications for medical staff privileges, both government-owned and private hospitals must provide procedural due process.

 

(Points: 3)

True

False

 

Question 8. In cases involving discipline of medical staff members, an allegation of “unprofessional conduct” is too vague and subjective to be a valid standard.

 

(Points: 3)

True

False

 

Question 9. Under common-law principles, for many years private hospitals were essentially free of court intervention in decisions about medical staff appointments.

 

(Points: 3)

True

False

 

Question 10. A hospital enters into an exclusive contract with a physician or physician group to

Provide specialty services (e.g., anesthesia or emergency department coverage). If that decision is challenged by a physician who has been excluded from performing those services, the courts generally defer to the hospital’s decision and find in favor of the hospital

 

(Points: 3)

True

False

 

Question 11. 11. Hospitals are required by law to have an emergency department.

 

(Points : 3)

True

False

 

Question 12. 12. As a matter of common law, a physician has no duty to respond to a stranger’s call for medical assistance.

 

(Points : 3)

True

False

 

Question 13. 13. The federal law regarding examination and treatment of emergency medical conditions applies only to persons who are uninsured.

 

(Points : 3)

True

False

 

Question 14. 14. A patient in a hospital-owned ambulance is considered to have “come to the hospital” for purposes of the federal law on emergency medical care.

 

(Points : 3)

True

False

 

Question 15. 15. The federal law on emergency medical conditions applies to anyone on hospital property who the hospital determines has an emergency medical condition, even if the individual is not in the emergency department.

 

(Points : 3)

True

False

 

Question 16. 16. Under federal law, a woman who is in labor is considered to have an emergency condition.

 

(Points : 3)

True

False

 

Question 17. 17. To be a violation of the federal emergency medical treatment law, a hospital’s refusal to see a patient must have been motivated by the patient’s inability to pay.

 

(Points : 3)

True

False

 

Question 18. 18. Which of the following statements is the best summary of a hospital’s duty of care in emergency cases?

 

(Points : 3)

Once care has begun, the hospital has a duty to provide reasonable treatment under the

Circumstances in the patient’s best interests.

Once the patient has been screened, he should be transferred to a public hospital if he has no

Insurance coverage.

If no attending physician is on duty, the patient should be transferred immediately to a hospital that has a fully staffed emergency department.

If the patient is seen by a resident or intern, the hospital will not be liable unless that person was

negligent.

 

Question 19. 19. When can a patient who appears at a hospital and asks for emergency treatment be transferred to another facility?

 

(Points : 3)

Never

After the patient has been admitted and the condition is no longer an emergency

When a transfer is in the patient’s best interests, medically speaking

When no physician is on duty

Question 20. 20. Which of the following is the best summary of the purpose of a Good Samaritan Statute?

 

(Points : 3)

To require people to stop blind men from walking off cliffs

To protect people from liability who render aid at the scene of an accident

To protect paramedics and other “first responders” from lawsuits

To provide financial incentives that encourage emergency response teams

 

Question 21. 21. Most states now apply which standard to questions about what risks should be

Disclosed to the patient for informed consent?

 

(Points : 3)

What most reasonable physicians disclose

What The Joint Commission requires

What the American Medical Association requires

What reasonable patients would want to know

 

Question 22. 22. What is the most significant legal problem with relying on oral consent?

 

(Points : 3)

It is prohibited by Medicare regulations.

It is a violation of the Hippocratic Oath.

It is ultra vires.

It is difficult to prove.

 

Question 23. 23. Which of the following is not a required element of informed consent?

 

(Points : 3)

Risks

Alternatives

Consequences of non-consent

Insurance coverage

 

Question 24. 24. Which of the following was not a “right to die” case?

 

(Points : 3)

In re Quinlan

Matter of Conroy

Buck v. Bell

Cruzan v. Director

 

Question 25. 25. “Ghost surgery” refers to what questionable practice?

 

(Points : 3)

Procedures performed by a substitute physician

Exorcism

Voodoo rituals

Training of medical residents

 

Question 26. 26. Proof of a patient’s consent is a defense against which type of lawsuit?

(Points : 3)

Harassment

Battery

False imprisonment

Negligence

 

Question 27. 27. What type of consent is most commonly an issue in a medical malpractice case?

 

(Points : 3)

Deathbed consent

Express consent

Informed consent

Testamentary consent

 

Question 28. 28. A patient has a right to refuse to consent to medical treatment because

 

(Points: 3)

Treatment without consent is battery

It is in the Constitution

Otherwise the doctor cannot be paid

It is required by Medicare

 

Question 29. 29. Even if a patient is competent to consent, the patient’s spouse must also consent to the patient’s major surgery if the risk is great.

 

(Points : 3)

True

False

 

Question 30. 30. As a general rule, patients may not refuse lifesaving treatment.

 

(Points : 3)

True

False

 

Question 31. 31. Consent forms tailored to specific procedures should be used when the proposed treatment is other than routine care.

 

(Points : 3)

True

False

 

Question 32. 32. A proper informed consent form must include the technical name of any medical procedure to which the patient agrees.

 

(Points : 3)

True

False

 

Question 33. 33. The proper role of a medical interpreter is to translate literally the physician’s words into the patient’s native language.

 

(Points : 3)

True

False

 

Question 34. 34. A corporation that is exempt from federal taxation may not take a position in support ofa particular candidate for elective office.

 

(Points : 3)

True

False

 

Question 35. 35. All income of a charitable corporation is exempt from federal taxation.

 

(Points : 3)

True

False

 

Question 36. 36. Income from the sale of goods and services to hospital patients is generally not taxable.

 

(Points : 3)

True

False

 

Question 37. 37. Tax-exempt corporations are not-for-profit, but not all not-for-profit corporations are tax exempt.

 

(Points : 3)

True

False

Question 38. 38. A hospital is automatically considered a charity.

 

(Points : 3)

True

False

 

Question 39. 39. A charitable corporation buys a new piece of land with plans to start building a hospital in two years. On the next property tax assessment date, the land is still vacant and construction has not begun. In most states, what is the most likely result of the charity’s petition for exemption from real estate taxes?

 

(Points : 3)

Because the charity owns the land, the property is exempt.

Because the land is not being used, the property is not exempt.

If building permits have been issued, the property is exempt.

If the charity is a church, the property is exempt.

Question 40. 40. Which of the following is not typical of the courts’ attitude toward tax exemption?

 

(Points : 3)

Taxation is the rule; exemption is the exception.

The burden of proof is on the one seeking the exemption.

Providing free care to the poor justifies the exemption.

Any doubts should be resolved in favor of denying the exemption.

 

Question 41. 41. Which of the following would disqualify a corporation from being tax exempt?

 

(Points : 3)

Being organized as a not-for-profit

Serving a charitable purpose

Paying dividends to shareholders

Serving a religious purpose

 

Question 42. 42. In the context of tax-exempt corporations, the term “excess benefits” refers to which of the following?

 

(Points : 3)

A healthy employee benefits plan

Net income

The cost of health insurance

Large salaries and perks for executives

 

Question 43. 43. Which of the following is not a per se (automatic) violation of the antitrust laws?

 

(Points 3)

Price fixing

Dividing markets

Group boycott

Monopolization

 

Question 44. 44. “Contracts, combinations and conspiracies in restraint of trade” are a major focus of which statute?

 

(Points: 3)

McCarran-Ferguson Act

Sherman Act

Clayton Act

Federal Trade Commission Act

 

Question 45. 45. Which of the following is not one of the major US antitrust laws?

 

(Points: 3)

Sherman Act

Clayton Act

Powell Act

Federal Trade Commission Act

Question 46. 46. Which of the following statutes exempts the business of insurance from the antitrust laws?

 

(Points: 3)

McCarran-Ferguson Act

Sherman Act

Clayton Act

Federal Trade Commission Act

 

Question 47. 47. Which of the following is most likely to be considered exempt by statute from the antitrust laws?

 

(Points : 3)

The business of healthcare

The business of insurance

The business of football

The business of railroads

 

Question 48. 48. The antitrust laws are based on the premise that free markets are a good thing.

 

(Points :3)

True

False

 

Question 49. 49. Any agreement between two people or corporations that restrains trade is a violation of the antitrust laws.

 

(Points : 3)

True

False

 

Question 50. 50. For the federal government to have antitrust jurisdiction, the particular activity must involve or affect interstate commerce.

 

(Points : 3)

True

False

 

Question 51. 51. The Herfindahl-Hirschman Index is a tool used to measure the concentration of a given Market

 

(Points : 3)

True

False

 

Question 52. 52. Union activities are generally exempt from the antitrust laws.

 

(Points: 3)

True

False

 

Question 53. 53. A whistle-blower lawsuit is also known as a qui tam lawsuit.

 

(Points : 3)

True

False

 

Question 54. 54. Under the federal False Claims Act, a physician can be held guilty of submitting a false claim even if he/she did not intend to defraud the government.

 

(Points : 3)

True

False

 

Question 55. 55. The Stark self-referral laws apply to referrals of patients by a hospital to a home health agency that the hospital owns.

 

(Points : 3)

True

False

 

Question 56. 56. Which of the following statutes is not related to healthcare fraud?

 

(Points : 3)

Sherman Act

False Claims Act

Anti-kickback law

Stark self-referral law

 

Question 57. 57. Which of the following is not an element of an effective corporate compliance

program?

 

(Points : 3)

Hospital security department

Standards of conduct

Auditing and monitoring

Appropriate disciplinary action

 

Question 58. 58. In the mid-1990s, what was the US Justice Department’s number-two law enforcement priority?

 

(Points : 3)

Fighting terrorism

Eliminating fraud and waste in healthcare programs

Violent crime

Antitrust enforcement

 

Question 59. 59. What agency of the federal government usually investigates hospital False Claims Act cases?

 

(Points : 3)

US Marshall’s Service

Office of Inspector General

Attorney General

Surgeon General

 

Question 60. 60. Which of the following is not considered a violation of the False Claims Act?

 

(Points : 3)

Billing for services that were not rendered

Billing for services provided by someone other than the claimant

Billing one charge for a battery of tests performed as a single lab procedure

Billing for a higher DRG payment rate than the diagnosis justifies