Deck 3: Judicial Process of Health Information: Part A

Question 1

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

Answer 1

physician-patient privilege

Question 2

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

Answer 2

admissible

Question 3

A subpoena duces tecum _____.

A)directs a person to appear and explain why the court should not take a proposed action.
B)authorizes disclosure that would otherwise be prohibited by statute and regulation.
C)commands the appearance of a witness to provide testimony during a trial.
D)requires production of a particular record and testimony as to its authenticity.

Answer 3

requires production of a particular record and testimony as to its authenticity.

Question 4

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 5

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 6

Authorization forms signed by the patient for the release of _____ information must specifically authorize the release of this category of information.

A)HIV and AIDS
B)mental health
C)substance abuse
D)all of these

Question 7

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 8

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

Question 9

Which is an approved method used to challenge the validity of a subpoena duces tecum?

A)Business record exception
B)Litigation hold
C)Motion to quash
D)Show cause order

Question 10

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 addresses how to respond to the legal process requests

Question 11

Regarding ownership of health information, the health care provider owns the _____.

A)health information
B)medium (e.g., microfilmed records)
C)provider's testimony about a case
D)reports (copies) from another provider

Question 12

Hearsay is defined as _____.

A)authorizing the disclosure of information that is otherwise prohibited by statute.
B)out-of-court statements that are offered to prove the truth of the matter asserted.
C)pertinent and proper evidence used by a jury and a judge in reaching a decision.
D)that which is considered both pertinent and proper as governed by rules of evidence.

Question 13

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 14

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 15

A court order is signed by the _____.

A)court clerk
B)defendant's attorney
C)judge
D)plaintiff's attorney

Question 16

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 17

A command issued by a court or other authorized official to appear and/or present certain documents and other things is called a(n) _____.

A)court order
B)litigation hold
C)order of preservation
D)subpoena

Question 18

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 19

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 20

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