Health Law Final Exam due in less than 2 hrs

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Question 1 (3 points)

Who has ultimate responsibility for the quality of care rendered in a healthcare organization?

Question 1 options:

	Governing board (board of directors/trustees)
	Chief of the medical staff
	Medical executive committee
	Medical staff credentialing committee

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Question 2 (3 points)

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

Question 2 options:

	True
	False

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Question 3 (3 points)

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

Question 3 options:

	creates a national data bank on peer review activities
	estabishes 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

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Question 4 (3 points)

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

Question 4 options:

	True
	False

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Question 5 (3 points)

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

Question 5 options:

	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

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Question 6 (3 points)

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

Question 6 options:

	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

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Question 7 (3 points)

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.

Question 7 options:

	True
	False

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Question 8 (3 points)

"Corporate liability" refers to which of the following?

Question 8 options:

	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

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Question 9 (3 points)

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

Question 9 options:

	Licensure
	Criminal background checks
	Medical society membership
	Confidentiality of peer review records

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Question 10 (3 points)

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

Question 10 options:

	True
	False

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Question 11 (3 points)

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.

Question 11 options:

	True
	False

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Question 12 (3 points)

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.

Question 12 options:

	True
	False

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Question 13 (3 points)

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

Question 13 options:

	True
	False

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Question 14 (3 points)

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

Question 14 options:

	True
	False

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Question 15 (3 points)

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.

Question 15 options:

	True
	False

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Question 16 (3 points)

Most courts have held that the federal law on emergency medical conditions essentially allows patients to sue for damages in federal court if their medical screening exams were performed negligently.

Question 16 options:

	True
	False

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Question 17 (3 points)

Historically, a physician's duty to treat someone was founded upon which principle?

Question 17 options:

	The doctor-patient relationship
	Medicare Conditions of Participation
	Joint Commission standards
	Res ipsa loquitur

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Question 18 (3 points)

The federal law that requires evaluation of persons who come to a hospital emergency room is called

Question 18 options:

	OSHA
	EMTALA
	ERISA
	EXCULPA

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Question 19 (3 points)

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

Question 19 options:

	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

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Question 20 (3 points)

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

Question 20 options:

	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

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Question 21 (3 points)

The expression "implied consent" is most applicable in which of the following situations?

Question 21 options:

	When the patient has been seeing the doctor for many years
	When the treatment is part of a clinical research project
	When the patient is dying
	When there is an emergency and the patient is unconscious

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Question 22 (3 points)

Proof of a patient's consent is a defense against which type of lawsuit?

Question 22 options:

	Harassment
	Battery
	False imprisonment
	Negligence

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Question 23 (3 points)

Which of the following factors is not relevant to a decision whether to provide nonemergency care to a competent 17-year-old.

Question 23 options:

	The individual is married.
	The individual is a member of the US Armed Forces.
	The individual is a high-school graduate.
	The individual is mature, and the treatment is relatively minor.

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Question 24 (3 points)

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

Question 24 options:

	Deathbed consent
	Express consent
	Informed consent
	Testamentary consent

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Question 25 (3 points)

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

Question 25 options:

	True
	False

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Question 26 (3 points)

"Ghost surgery" refers to what questionable practice?

Question 26 options:

	Procedures performed by a substitute physician
	Exorcism
	Voodoo rituals
	Training of medical residents

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Question 27 (3 points)

Which of the following was not a "right to die" case?

Question 27 options:

	In re Quinlan
	Matter of Conroy
	Buck v. Bell
	Cruzan v. Director

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Question 28 (3 points)

A patient has a right to refuse to consent to medical treatment because

Question 28 options:

	treatment without consent is battery
	it is in the Constitution
	otherwise the doctor cannot be paid
	it is required by Medicare

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Question 29 (3 points)

Which of the following is the recent effort to convert patients' preferences into enforceable physicians' orders?

Question 29 options:

	POLST/MOST
	Patient Self-Determination Act
	EMTALA
	AMA Physician Order Form

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Question 30 (3 points)

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.

Question 30 options:

	True
	False

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Question 31 (3 points)

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

Question 31 options:

	It is prohibited by Medicare regulations.
	It is a violation of the Hippocratic Oath.
	It is ultra vires.
	It is difficult to prove.

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Question 32 (3 points)

If a woman is unconscious but in labor, this condition is an emergency to which the concept of implied consent can be applied.

Question 32 options:

	True
	False

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Question 33 (3 points)

Which of the following is not necessary for a valid informed consent?

Question 33 options:

	Explanation of the nature of the treatment
	Use of language the patient can understand
	Quote for the approximate cost of the procedure
	Discussion of possible alternative treatments

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Question 34 (3 points)

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

Question 34 options:

	True
	False

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Question 35 (3 points)

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

Question 35 options:

	True
	False

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Question 36 (3 points)

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?

Question 36 options:

	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.

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Question 37 (3 points)

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

Question 37 options:

	True
	False

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Question 38 (3 points)

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

Question 38 options:

	True
	False

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Question 39 (3 points)

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

Question 39 options:

	Being organized as a not-for-profit
	Serving a charitable purpose
	Paying dividends to shareholders
	Serving a religious purpose

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Question 40 (3 points)

In the context of tax-exempt corporations, the term "excess benefits" refers to which of the following?

Question 40 options:

	A healthy employee benefits plan
	Net income
	The cost of health insurance
	Large salaries and perks for executives

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Question 41 (3 points)

Which of the following is not typical of the courts' attitude toward tax exemption?

Question 41 options:

	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.

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Question 42 (3 points)

A hospital is automatically considered a charity.

Question 42 options:

	True
	False

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Question 43 (3 points)

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

Question 43 options:

	Sherman Act
	Clayton Act
	Powell Act
	Federal Trade Commission Act

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Question 44 (3 points)

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

Question 44 options:

	True
	False

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Question 45 (3 points)

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

Question 45 options:

	Price fixing
	Dividing markets
	Group boycott
	Monopolization

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Question 46 (3 points)

Union activities are generally exempt from the antitrust laws.

Question 46 options:

	True
	False

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Question 47 (3 points)

Violation of the antitrust laws can result in civil and/or criminal penalties.

Question 47 options:

	True
	False

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Question 48 (3 points)

Lawful activities of labor unions such as collective bargaining do not fall within the scope of the antitrust laws.

Question 48 options:

	True
	False

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Question 49 (3 points)

"Contracts, combinations and conspiracies in restraint of trade" are a major focus of which statute?

Question 49 options:

	McCarran-Ferguson Act
	Sherman Act
	Clayton Act
	Federal Trade Commission Act

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Question 50 (3 points)

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

Question 50 options:

	The business of healthcare
	The business of insurance
	The business of football
	The business of railroads

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Question 51 (3 points)

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

Question 51 options:

	True
	False

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Question 52 (3 points)

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

Question 52 options:

	True
	False

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Question 53 (3 points)

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

Question 53 options:

	Sherman Act
	False Claims Act
	Anti-kickback law
	Stark self-referral law

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Question 54 (3 points)

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

Question 54 options:

	True
	False

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Question 55 (3 points)

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

Question 55 options:

	US Marshall's Service
	Office of Inspector General
	Attorney General
	Surgeon General

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Question 56 (3 points)

In the mid 1990s, what was the US Justice Department's number-two law enforcement priority?

Question 56 options:

	Fighting terrorism
	Eliminating fraud and waste in healthcare programs
	Violent crime
	Antitrust enforcement

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Question 57 (3 points)

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.

Question 57 options:

	True
	False

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Question 58 (3 points)

Which of the following is not an element of an effective corporate compliance program?

Question 58 options:

	Hospital security department
	Standards of conduct
	Auditing and monitoring
	Appropriate disciplinary action

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Question 59 (3 points)

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

Question 59 options:

	True
	False

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Question 60 (3 points)

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

Question 60 options:

	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

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