Deck 4: Criminal Aspects of Health Care

Question 1

Social harm defined and made punishable by law is a __________.

A) tort
B) fine
C) arraignment
D) crime

Answer 1

D

Question 2

Serious crime generally punishable by one or more years of imprisonment in a state or federal penitentiary is a __________.

A) misdemeanor
B) malicious mischief
C) felony
D) false imprisonment

Answer 2

C

Question 3

An individual may not be tried for a felony without indictment by a __________.

A) judge
B) prosecutor
C) police officer
D) grand jury

Answer 3

D

Question 4

The instrument accusing the defendant of criminal conduct is the __________.

A) bill of particulars
B) subpoena
C) indictment
D) answer

Question 5

The formal reading of the accusatory instrument, including the setting of bail __________.

A) conference
B) grand jury hearing
C) prosecution
D) arraignment

Question 6

__________ reckless disregard for the safety of others and the willful indifference to an injury that could follow is defined as a

A) tort
B) crime
C) fraud
D) criminal negligence

Question 7

The Office of Inspector General, established in the Department of Health and Human Services in 1976, investigates cases of __________.

A) criminal mischief
B) Medicare and Medicaid fraud
C) petty theft
D) patient abuse

Question 8

Conditioning the award of a contract on an under-the-table percentage payback to a public official who has the ability to influence who will be awarded the contract is known as a __________.

A) solicitation
B) arbitration
C) criminal negligence
D) kickback

Question 9

Conferencing a case in an attempt to avoid a trial and reach an acceptable conclusion to the parties __________.

A) indictment
B) arraignment
C) plea-bargaining
D) deterrent to crime

Question 10

A pharmacist who submits Medicaid claims for reimbursement on brand name medications rather than on the less expensive generic drugs actually dispensed is considered __________.

A) perjury
B) malpractice
C) wrongful kickback
D) fraud

Question 11

The component of a crime that refers to the "guilty act" is __________.

A) res ipsa loquitur
B) actus reus
C) respondeat superior
D) mens rea

Question 12

Intentional injection of a lethal dose of a medication by a nurse into a patient is __________.

A) fraud
B) manslaughter
C) murder
D) negligence

Question 13

A __________ presents criminal cases to a grand jury

A) court clerk
B) defendant
C) judge
D) prosecutor

Question 14

Detectives are assigned to cases when necessary to gather __________.

A) evidence
B) background related cases
C) legal case issues
D) policies, procedures

Question 15

Prosecution of a crime generally begins with __________.

A) plea bargaining
B) arrest
C) preliminary conference
D) bail

Question 16

The __________ Act prohibits physicians who have ownership interest or compensation arrangements with a clinical laboratory from referring Medicare patients to that laboratory.

A) Health Insurance Portability and Accountability
B) Ethics in Patient Referral
C) Public Health Services
D) Patient Protection and Affordable Care

Question 17

If a person presents or causes to be presented a false claim to the government, for the purpose of getting the false claim paid by the government, he or she can be charged with violating the __________.

A) Anti-Kickback Statute
B) Medicare and Medicaid Patient Protection Act of 1987
C) Patient Protection and Affordable Care
D) False Claims Act

Question 18

To fight health care fraud in both the public and private sectors, Congress passed into law __________.

A) Fraud Act
B) FMLA
C) Whistleblower Protection Act
D) HIPPA

Question 19

Beginning in 1989 and continuing into the 1990s, when the AMA Council on Ethical and Judicial Affairs began to pass a series if acts specifically aimed at Physicians' ethical practices, they were targeting __________.

A) having labs in their offices
B) not accepting Medicaid patients
C) forming boutique practices
D) self-referrals

Question 20

If a health care provider shows reckless disregard for the safety of his patients and intentional indifference to any injury that could follow his act(s), he could be charged with or sued for __________.

A) assault
B) criminal negligence
C) tortious interference
D) civil negligence

Question 21

Forcible administration of medication to a patient who doesn't consent would be considered __________.

A) kidnapping
B) the health provider's duty
C) fraud
D) patient abuse

Question 22

When a health care facility comingles its funds with those of its patients, it violates its __________ with those patients.

A) debtor- creditor relationship
B) consent relationship
C) privilege relationship
D) fiduciary responsibility

Question 23

Submission of multiple bills for single office visits is a __________.

A) fraud
B) perjury
C) criminal negligence
D) tort

Question 24

The component of a crime that refers to the the "guilty mind" is __________.

A) actus reus
B) res judicata
C) mens rea
D) re ipsa loquitur

Question 25

The intentional removal of life-support equipment can be considered the crime of __________.

A) petty theft
B) murder
C) battery
D) assault

Question 26

When members of a hospital council governing body solicit and receive money for special consideration in awarding a project to an architectural firm on a building project, they could be convicted of __________.

A) negligence
B) mandamus
C) kickbacks
D) fulfilling his fiduciary responsibility

Question 27

The __________ regulates the process for addressing violations of criminal law.

A) arraignment
B) arrest process
C) criminal indictment
D) criminal procedure

Question 28

Upcoding medical supplies and equipment and billing for more expensive equipment than that delivered to patients are examples of __________.

A) tort
B) res ipsa loquitur
C) fraud
D) petty theft

Question 29

The numerous scams in home care fraud are caused by the __________ in supervising services provided in the home,

A) ease
B) difficulty
C) reluctance
D) lack of enthusiasm