Question 1

"Tying", which is illegal according to the Sherman Act of 1890, refers to health care providers that will only sell a product to a consumer who will also buy a second product from them.

Accepted Answer

Tying is a practice where a seller requires the buyer to purchase a second product as a condition of buying a desired product, which can be considered anti-competitive and is indeed illegal under the Sherman Antitrust Act of 1890 when it substantially lessens competition or creates a monopoly.

Question 2

In the health care industry, intentional torts such as assault and battery would be a surgeon performing surgery on a patient without their consent.

Accepted Answer

In the healthcare industry, performing surgery on a patient without their consent is considered an intentional tort, specifically assault and battery, because it involves intentional, unauthorized physical contact.

Question 3

The reasonable physician standard focuses on the standard information that would be given by any physician to a patient contemplating the same procedure or treatment.
.

Accepted Answer

The reasonable physician standard indeed focuses on the standard information that a typical physician would provide to a patient considering the same procedure or treatment, emphasizing a more uniform approach to informed consent across the medical profession.

Question 4

Economic equipment and actions are important to the healthcare industry because many workers often lift patients to and from beds, operating tables, and wheelchairs.
ergonomic equipment

Accepted Answer

The answer of Economic equipment and actions are important to...

Question 5

The Patient Bill of Rights states that the patient has the right to all information from this provider regarding any testing, diagnoses, and treatments. This information must be provided to the patient in terms that the patient will be able to understand.

Accepted Answer

The Patient Bill of Rights includes provisions to ensure that patients are fully informed about their health status, options for treatment, and potential outcomes in a manner that is understandable to them, facilitating informed consent and participation in their healthcare decisions.

Question 6

Qui tam provisions, a concept used in antitrust law, is Latin for "he who sues". This provision enables individuals to sue providers for fraudulent activity against the federal government, recovering a portion of the funds returned to the government.

Accepted Answer

Qui tam provisions allow individuals to sue providers for fraudulent activity against the federal government, so the statement is true.

Question 7

The Lilly Ledbetter Fair Pay Act of 2009 (FPA), an amendment to

Accepted Answer

The Lilly Ledbetter Fair Pay Act of 2009 is indeed an amendment to the Civil Rights Act of 1964, specifically addressing pay discrimination on the basis of sex, race, national origin, age, religion, and disability.

Question 8

There is law created by federal, state and local governments. As the judiciary system interprets previous legal decisions regarding a case, they are creating common law.

Accepted Answer

Common law, also known as case law or precedent, is created through judicial decisions in courts when interpreting statutes, regulations, and previous rulings, rather than through legislative statutes or executive branch action.

Question 9

According to the American Medical Association (AMA), once a patient and physician relationship has started, the physician is not legally but ethically obligated to continue the relationship until the patient no longer requires their care.

Accepted Answer

The AMA states that physicians have both legal and ethical obligations to continue care until it is no longer needed or until the patient is properly transferred to another provider.

Question 10

The Genetic Information Nondiscrimination Act of 2008 prohibits U.S. insurance companies and employers from discriminating based on information derived from genetic tests.

Accepted Answer

The Genetic Information Nondiscrimination Act (GINA) of 2008 protects individuals in the United States from discrimination by health insurers and employers on the basis of genetic information, including information from genetic tests.

Question 11

The Physician Referral Laws were passed because providers were referring patients to
medical services in which they or family members had a financial interest.

Accepted Answer

The Physician Referral Laws, also known as the Stark Law, were enacted to prevent conflicts of interest by prohibiting physicians from referring patients to health services in which they or their immediate family members have a financial interest.

Question 12

The reasonable patient standard focuses on the patient's information needs including the risks and benefits that allow the patient to make a decision.

Accepted Answer

The reasonable patient standard emphasizes providing information based on what a typical patient would need to know to make an informed decision regarding their healthcare, including understanding the risks and benefits of a procedure or treatment.

Question 13

An affirmative action plan is a strategy that encourages employers to increase the diversity of their workforce by hiring individuals based on race, sex, and age.

Accepted Answer

An affirmative action plan is a strategy that encourages employers to increase the diversity of their workforce by hiring individuals based on race, sex, and age.

Question 14

The Consolidate Omnibus Budget Reconciliation Act of 1986 (COBRA), an amendment to ERISA, was passed to protect employees who lost or changed employers so they could keep their health insurance if they paid 102% of the full premium.

Accepted Answer

COBRA allows individuals who lose their job or experience a reduction in work hours to continue their employer-sponsored health insurance for a limited period under certain conditions, by paying up to 102% of the premium.

Question 15

The Sherman Act of 1890 focuses on eliminating monopolies, which are healthcare organizations that control a market so that the consumer has no choice in health care.

Accepted Answer

The Sherman Act of 1890 is an antitrust law aimed at preventing monopolies and promoting competition, which can apply to any industry, including healthcare, to ensure consumers have choices.

Question 16

The reasonable physician standard focuses on the patient's information
needs, including the risks and benefits that allow the patient to make a decision.

Accepted Answer

The reasonable physician standard focuses on what a typical physician would disclose about risks and benefits, not specifically on the individual patient's information needs.

Question 17

The concept of informed consent is based on the patient's right to make an informed decision regarding medical treatment. It is a legal requirement in all 50 states. It is more than a patient signing an informed consent form-it is the communication between the provider and patient regarding a specific medical treatment.

Accepted Answer

Informed consent is indeed based on the principle of respecting a patient's autonomy and right to make informed decisions about their own healthcare. It is legally required across all 50 states in the U.S. and involves more than just signing a form; it requires a meaningful exchange of information about the benefits, risks, and alternatives of a proposed treatment between the healthcare provider and the patient.

Question 18

The Occupational Health and Safety Act was passed to ensure that employers have a duty to treat to provide a safe and healthy work environment for their employees, which are very important for the healthcare industry because of potential exposure to bacteria, viruses, and contaminated fluids.
general duty

Accepted Answer

The answer of The Occupational Health and Safety Act was...

Question 19

As a result of the increase in malpractice insurance premiums, the concept of defensive medicine has been introduced which means that providers often order more tests and provide more services than necessary to protect themselves from malpractice lawsuits.

Accepted Answer

Defensive medicine refers to the practice where healthcare providers order more tests, procedures, or visits, or avoid high-risk patients or procedures, primarily to reduce their exposure to malpractice liability rather than to benefit the patient. The increase in malpractice insurance premiums has been cited as a contributing factor to the rise of this practice, as providers seek to protect themselves from potential lawsuits by ensuring that no aspect of diagnosis or treatment is overlooked, even if it means incurring unnecessary costs or exposing patients to unnecessary procedures.

Question 20

Implied contracts in the healthcare industry are contracts that resulting from a physician's actions such as giving advice regarding medical treatment.

Accepted Answer

Implied contracts in the healthcare industry are indeed formed by the actions or conduct of the parties involved, such as a physician providing medical advice or treatment, which indicates an agreement to the provision and acceptance of medical services.

Quiz 11: Healthcare Law

"Tying", which is illegal according to the Sherman Act of 1890, refers to health care providers that will only sell a product to a consumer who will also buy a second product from them.

In the health care industry, intentional torts such as assault and battery would be a surgeon performing surgery on a patient without their consent.

The reasonable physician standard focuses on the standard information that would be given by any physician to a patient contemplating the same procedure or treatment. .

Economic equipment and actions are important to the healthcare industry because many workers often lift patients to and from beds, operating tables, and wheelchairs. ergonomic equipment

The Patient Bill of Rights states that the patient has the right to all information from this provider regarding any testing, diagnoses, and treatments. This information must be provided to the patient in terms that the patient will be able to understand.

Qui tam provisions, a concept used in antitrust law, is Latin for "he who sues". This provision enables individuals to sue providers for fraudulent activity against the federal government, recovering a portion of the funds returned to the government.

The Lilly Ledbetter Fair Pay Act of 2009 (FPA), an amendment to

There is law created by federal, state and local governments. As the judiciary system interprets previous legal decisions regarding a case, they are creating common law.

According to the American Medical Association (AMA), once a patient and physician relationship has started, the physician is not legally but ethically obligated to continue the relationship until the patient no longer requires their care.

The Genetic Information Nondiscrimination Act of 2008 prohibits U.S. insurance companies and employers from discriminating based on information derived from genetic tests.

The Physician Referral Laws were passed because providers were referring patients to medical services in which they or family members had a financial interest.

The reasonable patient standard focuses on the patient's information needs including the risks and benefits that allow the patient to make a decision.

An affirmative action plan is a strategy that encourages employers to increase the diversity of their workforce by hiring individuals based on race, sex, and age.

The Consolidate Omnibus Budget Reconciliation Act of 1986 (COBRA), an amendment to ERISA, was passed to protect employees who lost or changed employers so they could keep their health insurance if they paid 102% of the full premium.

The Sherman Act of 1890 focuses on eliminating monopolies, which are healthcare organizations that control a market so that the consumer has no choice in health care.

The reasonable physician standard focuses on the patient's information needs, including the risks and benefits that allow the patient to make a decision.

As a result of the increase in malpractice insurance premiums, the concept of defensive medicine has been introduced which means that providers often order more tests and provide more services than necessary to protect themselves from malpractice lawsuits.

Implied contracts in the healthcare industry are contracts that resulting from a physician's actions such as giving advice regarding medical treatment.