Deck 11: Healthcare Law

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.

Answer 1

True

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.

Answer 2

True

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.
.

Answer 3

True

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

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.

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.

Question 7

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

Question 20

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

Question 21

What is the difference between civil law and criminal law?

Question 22

What is the EMTALA? Why is it important to the healthcare industry?

Question 23

______________ refers to employers that take reasonable action to accommodate a disabled individual such as providing special computer equipment or furniture to accommodate a physical limitation.

A)essential functions
B)Reasonable accommodation
C)activities of daily living
D)none are correct

Question 24

Civil law in healthcare focuses on:

A)Illegal activities based on court decisions such as Medicare fraud.
B)Illegal activities based on contractual violations such as illegal abortions.
C)Wrongful acts against individuals and organizations based on contractual violations such as violations of patient's health records.
D)All of these statements are accurate.

Question 25

Identify the four components of a contract.

Question 26

The _____________________expanded the FMLA to include families of military service members, which means that an employee may take up to 12 weeks of leave if a child, spouse, or parent has been called to active duty in the armed forces.

A)National Defense Authorization Act of 2008
B)The Affordable Care Act of 2010
C)The Health Insurance Portability and Affordability Act
D)None are correct Short Answer/Essay

Question 27

Which statements describe "job lock"?

A)Employees are stuck in their jobs because of the recession.
B)Employees are stuck in their jobs because they have families and can't move.
C)Employees were afraid to change jobs for fear of losing their health insurance.
D)None of these statements were correct.

Question 28

_________________, which can include promotion of exercise, health risk appraisals, disease management, and healthcare coaching, have become a popular employee benefit.

A)Employee wellness programs
B)Occupational rehabilitation programs
C)Respite care
D)Adult day

Question 29

This act protects employees and job applicants 40 years and older from discrimination as it applies to hiring, firing, promotion, layoffs, training, assignments, and benefits.

A)Civil Rights Act of 1964
B)Civil Rights Act of 1991
C)Age Discrimination in Employment Act of 1967
D)Equal Pay Act of 1963

Question 30

The concept of defensive medicine has occurred which states that:

A)Nurses are defensive about their work because patients are always complaining about them.
B)Physicians are defensive about their practices because they are paid such high salaries.
C)Physicians order more tests and provides more services than needed to patients to protect themselves from medical malpractice lawsuits.
D)Physicians who specialize in certain areas of medicine are becoming defensive because the U.S. needs more primary care physicians.

Question 31

Which statements are correct about the Emergency Medical Treatment and Active Labor Act (EMTALA)?

A)It is enforced by the Centers for Disease Control and Prevention
B)It is enforced by the Center for Medicare and Medicaid Services.
C)This Act was passed as part of HIPAA.
D)This Act is also called the "anti patient" act because it prevents hospitals from not treating patients.

Question 32

The American Medical Association recommends which step(s)to a physician on how to terminate a relationship with a patient?

A)Giving the patient written notice
B)Provide a specific reason for the termination
C)Provide assistance to the patient to find another physician
D)All are correct

Question 33

What can steps can management take help protect employers from being accused of unfair employment practices?