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?

Accepted Answer

The physician-patient privilege is a legal concept 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. This privilege is designed to protect the privacy of communication between a patient and their healthcare provider.

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 _____.

Accepted Answer

Admissible evidence is considered relevant and appropriate for use in court, while hearsay and spoliation are types of evidence that may be excluded as unreliable or irrelevant. "Worthy" is not a legal term used to describe evidence.

Question 3

A subpoena duces tecum _____.

Accepted Answer

A subpoena duces tecum is a type of subpoena that requires the production of a particular record or document and testimony as to its authenticity. It is used to obtain evidence, such as documents, for use in a legal proceeding. Options A, B, and C do not accurately describe the purpose of a subpoena duces tecum.

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 _____.

Accepted Answer

The privilege doctrine is the legal right to keep certain information private and confidential and protect it from subpoena, discovery, or admission into evidence. The other options are not related to this concept.

Question 5

A subpoena ad testificandum _____.

Accepted Answer

A subpoena ad testificandum is a type of subpoena that commands the appearance of a witness to provide testimony in a legal proceeding. It does not authorize disclosure of information otherwise prohibited by law, seek specific documents, or pertain to electronic storage of information.

Question 6

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

Accepted Answer

When releasing HIV and AIDS, mental health, or substance abuse information, specific authorization must be given by the patient. Therefore, the release form must specify which type(s) of information are authorized to be released. All of these categories fall under protected health information (PHI) and require specific authorization.

Question 7

A show cause order _____.

Accepted Answer

A show cause order is a court order directing a person or organization to appear in court and explain why the court should not take a proposed action. It is typically used when a party has failed to comply with a court order or rule, and the court wants to give them an opportunity to explain why they should not be held in contempt or face other sanctions. It is not used for authorizing disclosure of information or requiring a witness to appear and present documents. It also does not necessarily result in the production of a particular record at trial or require 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?

Accepted Answer

The answer of Which is a concept that describes the...

Question 9

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

Accepted Answer

A motion to quash is the approved method for challenging the validity of a subpoena duces tecum. This motion asks the court to declare the subpoena invalid or unenforceable for a variety of reasons, such as being overly broad or burdensome or seeking privileged or confidential information. The other options listed (business record exception, litigation hold, show cause order) are not appropriate methods for challenging a subpoena.

Question 10

A litigation response plan is a _____.

Accepted Answer

A litigation response plan is a tool consisting of policies and procedures that addresses how to respond to the legal process requests. It helps a company to properly handle requests for information, subpoenas, and other legal disputes. A motion to quash is a request to suppress or limit evidence, while a subpoena commanding testimony and a subpoena duces tecum commanding the production of documents are legal process requests that a litigation response plan can help a company manage. However, D is the best answer as it directly describes what a litigation response plan is.

Question 11

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

Accepted Answer

The health care provider owns the medium (e.g., microfilmed records) on which health information is stored, but not the health information itself.

Question 12

Hearsay is defined as _____.

Accepted Answer

Hearsay refers to out-of-court statements that are offered to prove the truth of the matter asserted. A, C, and D do not accurately describe hearsay.

Question 13

A court order _____.

Accepted Answer

A court order authorizes disclosure that would otherwise be prohibited by statute and regulation, such as the disclosure of confidential information during a legal proceeding. It does not establish trustworthiness, as that is determined by other factors, and it is not governed solely by rules of evidence, as there are other legal considerations. While discoverable data such as electronically stored information (ESI) may be subject to a court order, this is not the sole purpose or definition of a court order.

Question 14

Which provides verification that the copy of the patient record is an exact duplicate of the original?

Accepted Answer

A certification process involves verifying that the copy of the patient record is an exact duplicate of the original, ensuring its authenticity and accuracy. A litigation response plan is a strategy for handling legal disputes and would not necessarily involve verifying the authenticity of a patient record. A notice of preservation notifies parties to preserve evidence related to a legal matter, but it does not provide verification of the authenticity of a patient record. A subpoena duces tecum is a court order requiring the production of records, but it does not provide verification of the authenticity of the records produced.

Question 15

A court order is signed by the _____.

Accepted Answer

A court order is signed by a judge, who has the authority to make legal decisions and issue orders in a court of law.

Question 16

Which legal use of health care information directly impacts patient care?

Accepted Answer

The answer of Which legal use of health care information...

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) _____.

Accepted Answer

A subpoena is a legal document that commands someone to appear in court, attend a deposition, or provide certain documents or other items relevant to a legal case. It is often used as part of the discovery process in litigation.

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.

Accepted Answer

A redisclosure statement, also known as a notice of information practices or privacy notice, is a statement that is included when information concerning certain sensitive topics, such as HIV/AIDS, mental health, and substance abuse, is released to a third party. It informs the recipient that they cannot share the information with yet another party without the patient's authorization. This is required by federal law under the Health Insurance Portability and Accountability Act (HIPAA).

Question 19

Which question is asked to establish the trustworthiness requirement as related to the admissibility of the health record into evidence?

Accepted Answer

The answer of Which question is asked to establish the...

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.

Accepted Answer

Evidence refers to proof presented to a court or jury that upholds or disputes the facts in issue. It could be in the form of witnesses, records or documents, and objects, among others. Court order, litigation response plan, and show cause order are not proof of the facts in issue.

Quiz 3: Judicial Process of Health Information: Part A