Test Bank for The Law of Healthcare Administration 9th Edition by Stuart Showalter

Chapter 1 1. The four sources of public law in the United States areconstitutions,

statutes, administrative regulations, and . a. contracts

*b. judicial decisions c. presidential decrees d. opinions of the attorney general

2. The US Constitution is often called the "supreme law of the land."

*a. True b. False

3. The concept of "checks and balances" describes which of thefollowing? a. The auditing practices of the General Accounting Office

*b. The fact that no branch of government has priority overanother c. The motto of the Department of the Treasury d. Training techniques for hockey players and gymnasts

4. Congressional action to impeach and convict a federal judge is anexample of

which of the following? a. Judicial nullification b. Ultra vires power

*c. Checks and balances d. Administrative law

5. The branch of government that passes statutes is known as the

branch. a. judicial b. executive c. administrative

*d. legislative

6. The principle of stare decisis relates to which of the following?

*a. Following precedent in judicial decisions b. Judgment notwithstanding the verdict c. Constitutional amendments d. The thing speaks for itself

7. The type of law that is made by the executive branch of governmentis known as

which of the following? *a. Administrative b. Constitutional c. Common d. Statutory

8. In a federal court, a case involving an automobile accident would bedecided on the

basis of what? a. Federal common law

*b. The law of the state where the accident occurred c. US statutes d. Res ipsa loquitur

9. The US Supreme Court consists of how many justices? a. Seven

*b. Nine c. Eleven d. Thirteen

10. Which state's legal system is not based on the "common law"tradition of

England? a. California b. Texas

*c. Louisiana d. Washington

11. True or false: In New York, the supreme court ranks below the Courtof Appeals.

*a. True b. False

12. Which of the following statements best describes how cases reachthe US

Supreme Court? a. Any case the attorney general decides to appeal will be heard. b. Cases from state supreme courts take priority. c. Only cases involving constitutional issues are accepted.

*d. The justices have discretion to choose which cases they wantto decide.

13. True or false: "Pleadings" is the term used to describe a convict'spetition for parole. a. True

*b. False

14. True or false: Depositions and interrogatories are methods of"discovery."

*a. True b. False

15. The citation for a court's opinion reads: Showalter v. GeneralMedical Center,

75 U.S. 105 (1942). Which court decided that case? *a. The US Supreme Court b. A federal court in District 75 c. The Uniformed Services Court of Appeals d. None of the above

16. The trial court in the federal court structure is known as what? a. Court of First Resort

*b. US District Court c. Circuit Court d. Supreme Court

17. Which of the following can legally nullify (countermand, repeal,reverse) a

ruling of the highest court of a state or the federal government? a. An administrative order issued by the President

*b. A constitutional amendment c. A decision by the US Court of Appeals d. A writ of mandamus

18. True or false: Arbitration is a form of alternative disputeresolution.

*a. True b. False

19. A civil lawsuit usually begins by filing a document called a

. *a. complaint b. affidavit c. motion

d. answer

20. Which of the following statements best defines a "judgment N.O.V."? a. With regard to damage awards, it means "not objectivelyvalidated." b. It confirms the authenticity of a document by declaring "noother

version." c. It impeaches a witness's testimony by declaring that it has"no objective verity." *d. It is a judge's order awarding a decision contrary to that ofthe jury.

21. Which of the following is a discovery device used in virtuallyevery medical

malpractice case? *a. Subpoena for documents b. Request for physical or mental examination of the defendant c. Motion for directed verdict d. Motions ipso facto and ipse dixit

22. Which of the following was the prevalent medical philosophy forthousands of

years? a. The four horsemen b. Aristotelian animism

*c. Humoralism d. Nicomachean ethics

23. True or false: Anesthesia was unknown at the time of the US CivilWar. a. True

*b. False

24. True or false: Germ theory (the proposition that communicable diseases are

cased by microorganisms) was proved by Louis Pasteur. *a. True b. False

25. True or false: Many improvements in the practice of nursing weremade during

wartime in the mid-19th century. *a. True b. False

26. The ancestors of today's modern hospitals were which of thefollowing? a. Debtors' prisons b. Butchers' shops c. Doctors' offices

*d. Almshouses of the Middle Ages

27. True or false: Most of the major advances in healthcare are lessthan 100 years

old. *a. True b. False

28. Who is regarded as the "Father of Western Medicine"? a. Galen b. Aristotle

*c. Hippocrates d. Ignaz Semmelweis

Chapter 2 1. True or False: The United States does not guarantee its citizensuniversal access

to healthcare services. *a. True b. False

2. Who has the authority to admit patients to a hospital? a. Members of the governing board

*b. Physicians c. Hospital employees d. The CEO

3. True or false: In most cases, individuals do not have a legal rightto be admitted to a

hospital. *a. True b. False

4. True or false: A hospital may legally establish policies that forbidtreatment of certain

ethnic minorities. a. True

*b. False

5. True or false: A general hospital may legally establish policies refusing treatment

to patients suffering from a condition the hospitalis not equipped to treat. *a. True b. False

6. Which of the following statements best describes the system forreimbursing

the cost of emergency medical care given to indigent persons? a. The city, county, or state government will pay for theservices

rendered. b. Medicaid will pay for the services if the patient is anillegal immigrant. *c. The standards for payment differ significantly from state tostate. d. Only government-owned hospitals will be reimbursed.

7. Under the Hill-Burton Act, hospitals that received federal fundingwere required to

provide certain amounts of free care to indigent

persons (i.e., persons who are unable to pay). What were theserequirements called? a. The Medicare services responsibilities b. The freedom of conscience provisions c. The McCain-Kennedy conditions

*d. The uncompensated care and community service obligations

8. One problem with the free care requirement under Hill-Burton wasthat it

.

*a. included uncollectible and unpaid hospital bills in thedefinition of indigent care b. excluded payments for illegal immigrants c. applied only to Medicare beneficiaries d. lasted forever, even after the hospital buildings the actfunded had been demolished

10. The state's power to commit mentally ill persons indefinitelyagainst their

will is an example of what legal concept? a. The power of eminent domain b. The search and seizure clause of the US Constitution c. The statute of limitations

*d. The parens patriae doctrine

11. State statutes provide for temporary detention of individuals whoare a danger to

themselves or others. This temporary detention is usually limited to what period of time? a. Until a judge can hear the case

*b. Forty-eight hours c. One week d. Until a state psychiatrist can evaluate the patient, or threedays, whichever occurs first

12. In civil proceedings for long-term commitment of psychiatric patients,

which of the following must be provided to the patient? a. Psychotropic medication b. A trial in federal court

*c. Due process d. A transcript of the proceedings

13. True or false: A psychiatric patient who has been committed is presumed

incompetent to give informed consent to medical treatment,including administration of medications for illness. a. True

*b. False

14. In which of the following circumstances does discharge of a patientpresent the most

significant legal issues? a. When the patient is unable to pay b. When the patient needs further medications c. When the patient is homeless

*d. When the patient threatens harm to self or others

15. True or false: When a patient threatens to leave against medical advice, hospital

security personnel should restrain the patient untilthe physician arrives. a. True

*b. False

16. After his condition has stabilized, a patient is prevented from leaving the

emergency room because they have not made arrangements to pay the bill; no physical force is used, but the patient feels intimidated by a burly security guard standing in the door. About whichof the following legal theories should the hospital's lawyer be most concerned? a. Assault and battery

*b. False imprisonment c. Illegal search and seizure d. Defamation

17. True or false: Personnel involved in the utilization review/case management

process make recommendations about appropriate types of carefor patients being discharged from the hospital. *a. True b. False

18. Which of the following statements best summarizes the liability ofmanaged care

organizations (e.g., HMOs, PPOs) for admission and discharge decisions that are motivated by cost considerations? *a. It is the physician's responsibility to provide the care needed, but in some states the managed care organization can beheld liable if its decisions about insurance coverage have adverse effects. b. Only physicians may decide to admit or discharge a patient, sothe managed care organization cannot be held liable. c. Under Medicare rules, the managed care organization will beliable for an adverse outcome if its decision to admit or discharge causes harm.

d. For liability to exist, a decision to discharge or not admitthe patient must

have been made under the "sicker and quicker" standard.

Chapter 3 1. True or false: A corporation is a "person" in the eyes of the law.

*a. True b. False

2. What is the most significant advantage of incorporating a businessversus

operating it as a partnership? a. Access to bailout money from the federal government

*b. Limited financial liability of the shareholders c. Exemption from federal taxes d. Charitable immunity

3. Which of the following is NOT a significant advantage to

incorporating a business? a. Perpetual existence b. Transferability of ownership interests

*c. Ability to do business overseas d. Separate taxation from investors

4. Where are the powers of a corporation found?

*a. State law and the corporate articles/bylaws b. The US Constitution c. Resolutions of the board of directors/trustees d. Decisions of the state's supreme court

5. True or false: The role of a corporation's governing board is to runthe day-to-day

operations of the company. a. True

*b. False

6. Which of the following transactions is the most likely to be considered "ultra

vires" if undertaken by a hospital corporation? a. Purchasing a medical office building b. Merging with another hospital corporation

*c. Making loans to members of the governing board d. Owning a medical liability insurance company

7. True or false: The terms "not-for-profit" and "nonprofit" are usedinterchangeably.

*a. True b. False

8. Which of the following is forbidden to a not-for-profit hospitalcorporation? a. Earning a profit b. Paying its CEO a salary equivalent to that of a for-profithospital's CEO c. Making charitable donations to another hospital

*d. Distributing profit to members of the board ofdirectors/trustees

9. The "members" of certain not-for-profit corporations are roughly equivalent to

which of the following in general business corporations? *a. Shareholders b. Members of the governing board c. Senior executive team d. Employees

10. The minimum composition and frequency of meetings of a hospital'sgoverning

board are typically determined by which of the following? a. State law b. Federal law

*c. Articles of incorporation or bylaws d. US tax code

11. Individuals who serve on a hospital governing board are in a position of great trust

and confidence. Which of the following terms ismost applicable to their responsibilities? a. Res ipsa loquitur

*b. Fiduciary c. Captain of the ship d. Chief executive

12. Which of the following is NOT typically a function of the hospitalgoverning

board? a. Protect hospital property b. Establish strategic goals c. Select the chief executive officer

*d. Select the general counsel

14. The term used to describe a court's decision to disregard the corporate nature

of a business and impose liability directly on itsowners is which of the following? a. Caveat emptor b. Respondeat superior c. Bankruptcy

*d. Piercing the corporate veil

15. True or false: A transaction in which one corporation is acquiredby another and

ceases to exist is typically termed a "consolidation." a. True

*b. False

16. A business relationship in which the parties share an endeavor's rewards and risks

while contractually agreeing on matters of ownership,control, and management is typically known as a . *a. joint venture b. merger c. consolidation d. monopoly

17. True or false: In general, members of a hospital governing board are not personally

liable for their honest errors in business judgment. *a. True b. False

18. The federal program that provides payment for hospital care isknown as

what? a. Medicaid b. Medicare PPO

*c. Medicare Part A d. Medicare Advantage Plus

19. Accountable care organizations consist of which of the following? a. Health plans and their accounting firms

*b. Groups of providers of services and suppliers who meetcertain criteria c. HMOs, PPOs, and other networks of physicians d. Consumer groups that monitor and report on hospitals' qualitystandards

Chapter 4 1. True or false: Anyone who works for the organization is consideredan employee. a. True

*b. False

2. True or false: Physicians have traditionally been consideredindependent

contractors. *a. True b. False

3. True or false: An individual can sometimes have more than oneemployer at

the same time for the same job. *a. True b. False

4. People who are hired into a job but who have no actual employmentcontract are

considered which of the following? a. Temporary hires

*b. At-will employees c. Independent contractors d. Statutory employees

5. True or false: A due process employee is one whose job security isprotected by

constitutional principles. *a. True b. False

6. The law that makes it unlawful to discriminate against someonebecause of

race, color, religion, etc. is known as what? a. The Thirteenth Amendment b. Due Process c. The Americand with Disabilities Act

*d. The Civil Rights Act

7. Someone with serious arthritis might by protected against

discrimination by which of the following statutes? *a. The Americans with Disabilities Act b. The Affordable Care Act c. Workers compensation

d. The Reasonable Accommodation Act

8. True or false: It is illegal to discriminate against an employeebecause they are

married to someone of a particular religion. *a. True b. False

9. Which of the following might NOT be considered sexual harassment?

*a. Occasionally telling a joke about one's own sexualorientation. b. Groping a member of the opposite sex. c. Making an employment-related benefit contingent on sexualfavors. d. Continually asking a subordinate for dates.

9. Which of the following might NOT be considered sexual harassment? *a. Occasionally telling a joke about one's own sexualorientation. b. Groping a member of the opposite sex. c. Making an employment-related benefit contingent on sexualfavors. d. Continually asking a subordinate for dates.

11. The most common discrimination finding in federal cases is

discrimination based on what? a. Genetic information b. Age c. Disability

*d. Retaliation

12. True or false: Most employers with 50 or more employees must allowtime off in

case of an employee adopting a child. *a. True b. False

13. Unfair labor practices are prohibited by which of the following? a. The National Labor Relations Act of 1935 b. The Labor-Management Relations Act of 1947 c. The NLRB Act

*d. Both a and b.

14. Actions by employees to gain support for unionization are calledwhat? a. Bargaining unit development

*b. A union organizing campaign c. "Union Yes" activities d. Handbilling

15. True or false: It is illegal for physicians to be unionized becauseunion activities

interfere with the doctor-patient relationship. a. True

*b. False

16. True or false: Supervisory personnel are not considered "employees"under labor

laws. *a. True b. False

17. True or false: Hospital employees are not permitted to strikebecause doing

so interferes with patient care. a. True

*b. False

18. Which of the following questions may NOT be asked during a pre-

employment interview? a. Whether they object to working on Sunday b. Whether they are physically able to perform the necessary jobfunctions c. Whether they can travel for work or work overtime whennecessary

*d. Whether they are married or have plans to have children

Chapter 5 1. True or false: Contracts generally deal with civil, rather thancriminal, issues.

*a. True b. False

2. Which of the following are elements of all valid contracts? a. A written document signed and witnessed by competent persons

*b. Competent parties, a meeting of the minds, and consideration c. Express consent and a legal purpose d. Waiver of liability and a liquidated damages clause

3. True or false: The doctor-patient and hospital-patient relationshipsare based on the

principles of contract. *a. True b. False

4. True or false: For a doctor-patient relationship to exist, thephysician must

have direct contact with the patient. a. True

*b. False

5. True or false: As a general rule, a physician is free to refuse totreat any person

who has never been their patient before. *a. True b. False

6. An express contract is one that

.

a. must be performed within one year

*b. has been reduced to words c. involves payment of money d. contains mutual, spoken promises

7. A physician's unfulfilled promise to cure a patient may lead towhich of the

following types of liability? *a. Breach of warranty b. Res ipsa loquitur c. Per se violation d. Punitive damages

8. True or false: The doctor-patient relationship normally ends whenthe patient is

cured or dies. *a. True b. False

9. True or false: An employee who suffers a work-related injury usuallyhas the option

either to sue the employer for negligence or file a workers' compensation claim. a. True

*b. False

10. A physician notifies a patient that, effective immediately, he (thephysician) never

wants to see her (the patient) again because she has failed to follow his recommendations. The physician is potentially liable for which of the following? a. Alienation of affections b. Violation of privacy rights c. Gross negligence

*d. Abandonment

11. An unconsented touching is considered which of the following?

*a. Battery b. Assault c. Medical malpractice d. False imprisonment

12. An author publishes something untrue about a private citizen, and the subject's

reputation is injured. What type of intentional tort is most likely to be alleged if a lawsuit is filed? a. Slander

*b. Libel c. Outrage d. Alienation of affections

13. A physician publishes "before and after" photographs of a cosmeticsurgery patient

without the patient's consent. The patient's identity can be discerned from the photographs. The physician is potentially liable for which of the following? *a. Invasion of privacy b. Slander c. Misrepresentation

d. Stupidity

14. Which of the following torts is most likely to be alleged in a lawsuit involving

commitment of a patient to a psychiatric facility? a. Breach of confidentiality

*b. False imprisonment c. Defamation d. Outrage

15. True or false: Every type of intentional tort can arise in thehealthcare setting.

*a. True b. False

16. True or false: The category of defamation includes both libel andslander.

*a. True b. False

17. True or false: Truth is a defense to a claim of defamation, buteven a truthful

statement can lead to liability for other types of torts. *a. True b. False

18. "Intentional infliction of emotional distress" is also known aswhat?

*a. Outrage b. False imprisonment c. Misrepresentation d. Invasion of privacy

19. Pursing a case against a physician on a breach of contract theoryis sometimes

easier than on a standard negligence claim because . a. contract claims have per se liability provisions b. juries are more generous in contract cases c. the statute of limitations is much longer

*d. the plaintiff does not have to prove a standard of care

Chapter 6 1. Which of the following is an element of negligence that must bepresent for the

defendant to be held liable? a. Strict liability b. Fraud c. Tort

*d. Causation

2. In a medical malpractice trial, the standard of care is most oftenestablished by

which of the following? *a. Expert testimony b. Interrogatories to a party c. Due care under the circumstances d. Statutes

3. A car travels at 50 mph through a school zone posted "15 mph when children

present." Children are present. Nobody is hurt. Which of thefollowing best describes the legal situation? a. The driver has committed a tort.

*b. The driver has breached the standard of care. c. The driver has committed no offense. d. The driver has breached an implied contract.

4. The "locality rule" is sometimes invoked when

. *a. a physician practices in a remote location b. a real estate contract is breached c. res ipsa loquitur applies d. jury members are from the same city

5. If a physician chooses to treat a patient in an unorthodox way andthe outcome is

not optimal, the physician might be able to avoid liability by arguing which of the following? a. Res ipsa loquitur b. The principle of respondeat suprior

*c. The respectable minority rule d. Non compos mentis

6. The "school rule" refers to which of the following? a. Priorities afforded those who graduate from the mostprestigious

medical colleges

b. A prohibition on doctors of osteopathy having membership on ahospital's

medical staff *c. Judging a physician's work by the standards of their own typeof medicine d. Accreditation of hospitals affiliated with teachinginstitutions

7. A chiropractor identifies a medical condition, the treatment of which is outside the

scope of chiropractic medicine, but does not referthe patient to another type of physician. Which of the following statements best describes the chiropractor's legal situation if a lawsuit ensues? a. The chiropractor will likely prevail because chiropractors donot treat that

kind of condition. *b. The chiropractor is in a difficult spot because it was theirresponsibility to know when another type of treatment was necessary. c. There is no liability because the chiropractor's malpracticeinsurance does not cover nonchiropractic procedures. d. There is no liability because the chiropractor did notactually treat the patient.

8. True or false: Courts have been known to require physicians to adhere to a standard

of care that is higher than that which is commonlypracticed by other members of their profession. *a. True b. False

9. When using expert testimony to establish the standard of care in amalpractice

case, the judge must require which of the following? a. That the expert be a physician of the same type as thedefendant b. That the expert be licensed in the state in which the trial isbeing held c. That the expert be from a different locality

*d. That the expert be familiar with the type of care involved inthe patient's case

10. True or false: Statements made out of court by plaintiffs or defendants may

sometimes be used against them at trial if they areadverse to their own interests. *a. True b. False

11. A physician fails to report a suspected case of child abuse, as required by law.

After treatment, the child/patient was returned to her

parents and suffered further abuse. Which of the following argumentscould be used to hold the physician liable? a. Res ipsa loquitur

*b. Negligence per se (statutory liability) c. Contributory negligence d. The school rule

12. It may not be necessary to present expert testimony in a medicalmalpractice

case if

. *a. the plaintiff's injury resulted from a so-called "neverevent" such as retained foreign body or device malfunction b. the plaintiff files an affidavit that they refused suchtreatment c. someone other than the defendant had control of the cause ofthe injury d. the plaintiff is "guilty" of contributory negligence

13. True or false: The concept of "strict liability" is generallylimited to

dangerous or defective products rather than services. *a. True b. False

14. Which of the following provides an effective defense to amalpractice

lawsuit? a. The US Constitution b. Medicare Conditions of Participation

*c. The statute of limitations d. The Rule in Shelley's Case

15. True or false: "Vicarious liability" is based on the principle ofrespondeat

superior. *a. True b. False

16. In which type of lawsuit are punitive damages most often availableto a plaintiff? a. Breach of contract b. Negligence c. Strict liability

*d. Intentional tort

17. An extrajudicial hearing held in an attempt to avoid a court trialis often known as

what? *a. Arbitration b. Deposition c. Interrogatory d. Plenary hearing

18. An "exculpatory contract" is one that

.

a. imposes liability on the defendant b. establishes a structured settlement after a jury's verdict

*c. releases the defendant of liability d. provides for periodic payments to the plaintiff

19. True or false: In most states, a hospital employee who is injuredon the job as a

result of a coworker's negligence may successfully pursue a lawsuit against the employer under respondeat superior. a. True

*b. False

20. True or false: Good Samaritan statutes can apply to cases where aphysician

renders aid at the scene of an accident. *a. True b. False

Chapter 7 1. True or false: The history of hospitals can be traced back toalmshouses and

miserable institutions of the Middle Ages. *a. True b. False

2. For many years, hospitals could not be sued successfully formalpractice

because of the legal doctrine known as what? a. The almshouse exception

*b. Charitable immunity c. Separation of church and state d. Absolution

3. When did the liability protections that hospitals enjoyed for manyyears begin to

change most significantly? a. During the Crusades b. Immediately after the Civil War c. During the Great Depression of the 1930s

*d. After World War II

4. In which of the following situations is it most likely that experttestimony about

the standard of care would not be required? a. Informed consent b. Whether to get a second opinion

*c. When a surgical sponge was left in a patient's body d. Choice of a particular type of treatment

5. Respondeat superior is also known as what? a. Res ipsa loquitur

*b. Vicarious liability c. Mother superior d. Corporate liability

6. Respondeat superior is based on which of the following? a. Charitable immunity b. The doctor-patient relationship c. Labor law

*d. An employer's responsibility for employees' work

7. True or false: If a physician is not a full-time hospital employee,the hospital will

not be liable for the physician's malpractice. a. True

*b. False

8. Under the concept of apparent agency, a hospital may be held liablefor the

negligence of a nonemployee if . *a. it reasonably seemed that the individual was authorized toact on behalf of the hospital b. the individual is an independent contractor c. the individual is wearing a white coat d. the individual is in the emergency department

9. A contract between a hospital and a group of emergency physiciansindicates that

the physicians are independent contractors. True or false: This contract will shield the hospital from liability for thephysicians' negligence. a. True

*b. False

10. Two related concepts that once helped hospitals defend against malpractice cases

but have since eroded are "captain of the ship" and . *a. "borrowed servant" b. "employment at will" c. res ipsa loquitur d. respondeat superior

11. What is the name of the legal doctrine under which a hospitalsometimes

owes a duty directly to the patient? a. The borrowed servant rule b. Parens patriae

*c. Corporate liability d. Contributory negligence

12. Negligence in selection and retention of medical staff is a form ofwhich of the

following? a. Gross negligence b. Intentional tort c. Criminal violation

*d. Corporate liability

13. True or false: Failure to have in place policies recommended byprofessional

organizations is likely to subject the hospital to a finding of negligence. *a. True b. False

14. Ultimate responsibility for the quality of medical care in ahospital rests

with which of the following? a. The chief of the medical staff b. The CEO

*c. The governing board d. The medical staff organization

15. True or false: Health maintenance organizations and similar health plans cannot be

held liable for adverse treatment outcomes because theyonly make decisions about insurance coverage. a. True

*b. False

16. Employer-sponsored health plans are often able to escape liabilityfor their

utilization review decisions because of a federal law known as what? *a. ERISA b. HIPAA c. OSHA d. URDA

Chapter 8 1. Legal disputes with the medical staff should be avoided if at allpossible because

. a. collusion with the medical staff violates antitrust laws b. physicians are hospital employees

*c. such disputes are disruptive and expensive d. physicians are solely responsible for admitting patients

2. Who has ultimate responsibility for the quality of care renderedwithin the

healthcare organization? *a. The governing board (board of directors/trustees) b. The chief of the medical staff c. The medical executive committee d. The medical staff credentialing committee

3. "Corporate liability" refers to which of the following? a. A corporation's responsibility for the acts of its employees

*b. Use of reasonable care in appointing members of the medicalstaff c. Medical malpractice insurance coverage d. Medicare Conditions of Participation

4. Which of the following is NOT commonly a function of the organizedmedical

staff? a. Providing continuing medical education b. Serving as a liaison between physicians and the governingboard c. Doing background checks on applications for medical staffprivileges

*d. Investigating Medicare and Medicaid fraud by physicians

5. True or false: When acting on applications for medical staff privileges, both

government-owned and private hospitals must provideprocedural "due process." *a. True b. False

6. True or false: A hospital may legally require all members of themedical staff to

hold the MD degree. a. True

*b. False

7. True or false: In cases involving discipline of medical staff members, an

allegation of "unprofessional conduct" is too vague andsubjective to be a valid standard. a. True

*b. False

8. True or false: Under common law principles, for many years privatehospitals

were essentially free of court intervention in decisions about medical staff appointments. *a. True b. False

9. Which of the following is generally NOT considered an element of "due process" in

a case involving possible termination of a physician'smedical staff privileges? *a. The right to a written transcript of any hearing b. An opportunity for the physician to produce evidence andwitnesses c. The right to appeal an adverse decision d. The right to examine witnesses and evidence presented againstthe physician

10. Which of the following is generally NOT a valid prerequisite forphysicians'

medical staff privileges? a. Agreeing to abide by medical staff bylaws and policies b. Completing medical records in timely manner

*c. Belonging to the county medical society d. Carrying a certain level of malpractice insurance coverage

11. True or false: A hospital enters into an exclusive contract with aphysician or

physician group to provide specialty services (such as anesthesia or emergency department coverage). If that decision is challenged by a physician who has been excluded from performing thoseservices, the courts will generally defer to the hospital's decision and will find in favor of the hospital. *a. True b. False

12. Of the following legal issues, which is most apt to be of concernwith respect to

the peer review process? a. Licensure b. Criminal background checks

c. Medical society membership

*d. Confidentiality of peer review records

13. A significant aspect of the Health Care Quality Improvement Act isthat it

.

*a. creates a national data bank on peer review activities b. estabishes a national board of appeals for peer reviewdecisions c. requires hospitals to suspend immediately any physiciansuspected of misconduct d. allows courts to substitute their judgments about a decisionto suspect a physician's privileges

14. True or false: Persons involved in peer review activities are usually protected

from personal liability if they act in good faith. *a. True b. False

15. True or false: In most states, judicial review of controversies concerning medical

staff privileges is limited to determining whetherthe hospital's procedures were fundamentally fair and whether the decision was supported by the facts and based on reasonable criteria. *a. True b. False

Chapter 9 1. True or false: The concept of "medical records" includes digitalimages.

*a. True b. False

2. True or false: The concept of "health information" includes a physician's dictation

about patients if that dictation is recorded inelectronic form. *a. True b. False

3. Which of the following is the federal law that contains privacystandards for

health information? a. EMTALA b. ERISA

*c. HIPAA d. OSHA

4. Legal requirements for maintaining medical records are most oftenfound in

which of the following? a. State corporation laws

*b. Regulations of state licensing agencies c. Regulations of the Department of Labor d. Federal charitable corporation law

5. Which of the following events is a hospital NOT normally required toreport to

public authorities for statistical purposes? a. Births and deaths b. Diagnoses of infectious and communicable diseases c. Gunshot wounds

*d. A visitor's slip-and-fall case

6. What does it mean for a physician to "authenticate" a record?

*a. The physician has signed and dated it. b. The physician has billed it. c. The physician has filed it. d. The physician has copied it.

7. True or false: After a patient is discharged from a hospital, thephysician

normally has 14 days to complete the medical record. a. True

*b. False

8. Standards require that a medical record be "accurate and complete."Which of the

following is the most accurate statement with regard to these standards? a. Once an entry has been made in a medical record, it can neverbe changed. b. If an entry is wrong, it should be deleted and a new entrymade.

*c. An error in a record must be corrected, but the originalentry must be maintained. d. Physicians can write whatever they want to in a medicalrecord.

9. True or false: Incident reports are medical records. a. True

*b. False

10. Although records retention policies vary depending on the type of record, the

American Hospital Association recommends retaining medicalrecords for at least how long? a. The statute of limitations period of the state

*b. Ten years c. Twenty-five years d. The life of the patient

11. A surgeon practices at Community Hospital on the private patientshe admits

there. He makes rounds every day after surgery and makes notes in his patients' "charts" (paper records kept at the nursing station). Who owns these medical records? a. The patient b. The nurse c. The physician

*d. The hospital

12. A surgeon practices at Community Hospital on the private patientshe admits

there. He makes rounds every day after surgery and makes notes in his patients' "charts" (paper records kept at the nursing station). Who may have a right to access the information in these records?

a. Only the physician and the nurse b. Only the physician and the hospital c. Only the physician

*d. All the above

13. Under HIPAA, a patient has a right to an "accounting." This meansthat the

patient

. a. can get a copy of the bill b. must file suit to get a copy of the record

*c. can learn to whom his or her health information was disclosed d. should hire a CPA to request an audit

14. True or false: A patient's consent is not required to releasemedical records

after receiving a court order. *a. True b. False

15. True or false: A subpoena is the same as a court order. a. True

*b. False

16. Under common law, which of the following relationships was NOT

considered privileged? *a. Doctor-patient b. Attorney-client c. Priest-penitent d. Husband-wife

17. When might it be permissible to release information about a psychiatric patient

to a third person without the patient's consent? a. When the third party was in an automobile with the patient

*b. When the patient has made threats against the third party c. When the patient is insane and threatens everybody d. When the psychiatrist is afraid of the patient

18. Which is the most likely type of litigation involving photographyof a patient

without valid consent? a. Assault and battery

*b. Invasion of privacy c. Slander d. Libel

19. Testimonial privilege statutes typically provide which of thefollowing? a. Immunity from prosecution for perjury

*b. The right to prevent a physician from disclosing confidentialinformation c. Waiver of the defamation laws d. The privilege to confront witnesses testifying for theprosecution

20. Special confidentiality laws apply to which of the following typesof records?

*a. HIV/AIDS b. Drunk driving cases c. Abortion d. Sterilization

21. True or false: Under state "open records" or "sunshine" laws, the medical records

of patients in government-owned hospitals are availablefor public inspection. a. True

*b. False

Chapter 10 1. The federal law that requires evaluation of persons who come to ahospital

emergency room is called what? a. OSHA

*b. EMTALA c. ERISA d. EXCULPA

2. True or false: Hospitals are required by law to have an emergencydepartment. a. True

*b. False

3. True or false: As a matter of common law, a physician has no duty torespond to a

stranger's call for medical assistance. *a. True b. False

4. Historically, a physician's duty to treat someone was founded uponwhat principle?

*a. The doctor-patient relationship b. Medicare Conditions of Participation c. Joint Commission standards d. Res ipsa loquitur

5. True or false: Under federal law, a woman who is in labor isconsidered to

have an emergency condition. *a. True b. False

6. A man is seriously injured at midnight in an automobile accident. His life appears

to be in jeopardy. Paramedics take him to the nearesthospital, a small facility in a rural area that does not have a true emergency department. There is no physician on duty.

Which of the following is the best summary of what the hospital's staff should do? a. Determine whether the man has insurance. b. Ask the paramedics to take him straight to the nearest traumacenter. c. Call a physician for advice.

*d. Examine the patient and stabilize his condition the best theycan.

7. True or false: The federal law regarding examination and treatmentof emergency

medical conditions applies only to persons who are uninsured. a. True

*b. False

8. When can a patient who appears at a hospital and asks for emergencytreatment be

transferred to another facility? a. Never b. After they have been admitted and the condition is no longeran emergency

*c. When it is in their best interests, medically speaking d. When there is no physician on duty

9. True or false: Most courts have held that the federal law on emergency medical

conditions essentially allows patients to sue fordamages in federal court if their medical screening exams were performed negligently. a. True

*b. False

10. True or false: The federal law on emergency medical conditions applies to anyone

on hospital property whom the hospital determines hasan emergency medical condition, even if the individual is not in the emergency department. *a. True b. False

11. True or false: A patient who is in a hospital-owned ambulance is considered to

have "come to the hospital" for purposes of the federallaw on emergency medical care. *a. True b. False

12. True or false: To be a violation of the federal emergency medicaltreatment law, a

hospital's refusal to see a patient must have been motivated by the patient's inability to pay. a. True

*b. False

13. Which of the following statements is the best summary of ahospital's

duty of care in emergency cases? *a. Once care has begun, there is a duty to provide reasonabletreatment under the circumstances in the patient's best interests. b. Once the patient has been screened, they should be transferred to a public hospital if there is no insurance coverage. c. If there is no attending physician on duty, the patient should be transferred immediately to a hospital that has a fully staffedemergency department. d. If the patient is seen by a resident or intern, the hospital will not be liable unless that person was negligent.

14. A man is seen in the emergency department and is found to have acondition that

the hospital is not equipped to treat. Which of the following statements is the best summary of the hospital's responsibility to the patient? a. Immediately transfer him to a hospital that can treat hisproblem. b. Stabilize the condition and transfer him to the nearesthospital.

*c. Stabilize the condition and transfer him to a hospital thatis equipped to treat him properly. d. Recall the ambulance and ask the paramedics to take over.

15. A hospital has two facilities in the same town, but they are six miles apart. Each

has an emergency department. A patient is seen in the"North Campus" emergency department. He has a condition requiring immediate treatment by a specialist located at the "South Campus." The hospital has two options: require the physician to travel to North Campus, or transfer the patient to South Campus. Which of the followingis the best answer to the hospital's dilemma? a. Convene a meeting of legal counsel and the risk management

department. b. Transfer the patient, because it would greatly inconveniencethe physician to have to come to North. c. Immediately call the physician and require him or her to cometo the North Campus. *d. Determine what is in the patient's best interests and the best interests of the other patients the physician is seeing atthe time.

16. Which of the following is the best summary of the purpose of a GoodSamaritan

statute? a. To require people to stop blind men from walking off cliffs

*b. To provide protection from liability for people who renderaid at the scene of an accident

c. To protect paramedics and other "first responders" fromlawsuits d. To provide financial incentives that encourage emergencyresponse teams

Chapter 11 1. A patient has a right to refuse to consent to medical treatmentbecause

.

*a. treatment without consent is battery b. it is in the Constitution c. otherwise the doctor can't get paid d. it is required by Medicare

2. Proof of a patient's consent is a defense against what type oflawsuit? a. Harassment

*b. Battery c. False imprisonment d. Negligence

3. What type of consent is most commonly an issue in a medicalmalpractice

case? a. Death-bed consent b. Express consent

*c. Informed consent d. Testamentary consent

4. "Ghost surgery" refers to what questionable practice?

*a. Procedures performed by a substitute physician b. Exorcism c. Voodoo rituals d. Training of medical residents

6. True or false: Consent forms tailored to specific procedures shouldbe used when

the proposed treatment is something more than routine care. *a. True b. False

7. Which of the following is NOT necessary for a valid informedconsent? a. Explanation of the nature of the treatment b. Use of language the patient can understand

*c. Quote for the approximate cost of the procedure d. Discussion of possible alternative treatments

8. True or false: A proper informed consent form must include the technical name

of any medical procedure to which the patient agrees. a. True

*b. False

9. True or false: The proper role for a medical interpreter is to totranslate literally

the physician's words into the patient's native language. a. True

*b. False

10. The expression "implied consent" is most applicable in which of thefollowing

situations? a. When the patient has been seeing the doctor for many years b. When the treatment is part of a clinical research project c. When the patient is dying

*d. When there is an emergency and the patient is unconscious

11. True or false: As a general rule, patients may not refuse life-saving treatment. a. True

*b. False

12. True or false: If a woman is unconscious but in labor, this is anemergency

condition to which the concept of "implied consent" can be applied. *a. True b. False

13. What is a hospital's responsibility to ensure that patients give valid consent to

surgery when the physician is an independent member ofthe medical staff (i.e., not a hospital employee)? a. To require a nurse to witness the consent form

*b. To have procedures that will ensure surgery does not beginunless consent is documented in the medical record c. To explain the risks of the surgery and the alternative formsof treatment d. To check with the patient's health plan and determine whetherthe procedure is covered by insurance

14. True or false: If a physician explains to the patient the purposeof the proposed

treatment but does not explain the alternative treatments (if any), the consent is probably not going to be held to have been valid. *a. True b. False

15. Which of the following is NOT a required element of informedconsent? a. Risks b. Alternatives c. Consequences of nonconsent

*d. Insurance coverage

16. Most states now apply which standard to questions about what risksshould be

disclosed to the patient for informed consent? a. What most reasonable physicians disclose b. What The Joint Commission requires c. What the AMA requires

*d. What reasonable patients would want to know

17. True or false: The "informed refusal" concept means that physiciansshould advise

patients about the consequences of their not consenting to recommended treatment. *a. True b. False

18. True or false: Even if a patient is competent to consent, the patient's spouse

must also consent to the patient's major surgery ifthe risk is great. a. True

*b. False

19. Controversies about decisions to withhold certain life-prolonging procedures (e.g.,

artificial feeding) from incompetent, terminally illpatients occasionally make headlines. Which of these is the best general summary of most courts' decisions in such cases? *a. Foregoing such procedures is legally justifiable when therewould be no apparent therapeutic benefit and the patient would not have wanted their condition prolonged. b. It is the courts' and the medical professionals'responsibility to preserve life at almost any cost. c. It is up to the spouse or closest relative to decide.

d. The primary consideration is to preserve the ethical integrityof the medical

profession.

21. True or false: The terms "living will" and "durable power ofattorney for

healthcare" are two names for the same document. a. True

*b. False

22. Which of the following factors is NOT relevant to a decision aboutwhether to

provide nonemergency care to a competent 17-year-old? a. The individual is married b. The individual is a member of the US Armed Forces

*c. The individual is a high school graduate d. The individual is mature and the treatment is relativelyminor.

Chapter 12 1. Which of the following would disqualify a corporation from being taxexempt? a. Being organized as a not-for-profit b. Serving a charitable purpose

*c. Paying dividends to shareholders d. Serving a religious purpose

2. True or false: Tax-exempt corporations are not-for-profit, but notall not-for-profit

corporations are tax exempt. *a. True b. False

3. The legal basis for federal tax exemption of hospitals is found inwhich of the

following? *a. Section 501(c)(3) of the Internal Revenue Code b. Section 1 of the Sherman Act c. Regulations of the Department of Health and Human Services d. Ad valorem property tax statutes

4. True or false: A hospital is automatically considered a charity. a. True

*b. False

5. What does it mean when we say that, under federal law, a tax-exemptorganization's

net earnings may not "inure" to the benefit of any private individual? a. The net earnings must be paid to a separate corporation.

*b. The net earnings must be dedicated to exempt purposes. c. The organization's employees must be unpaid volunteers. d. The organization may not make charitable donations.

6. True for false: A corporation that is exempt from federal taxationmay not take a

position in support of a particular candidate for elective office. *a. True b. False

7. In the context of tax-exempt corporations, the term "excessbenefits"

refers to which of the following?

a. A healthy employee benefits plan b. Net income c. The cost of health insurance

*d. Large salaries and perks to executives

8. True or false: All income of a charitable corporation is exempt fromfederal taxation. a. True

*b. False

9. True or false: Income from the sale of goods and services tohospital

patients is generally not taxable. *a. True b. False

10. Where would one look to determine whether a piece of property ownedby a charity

is subject to taxation? a. Section 501(c)(3) of the Internal Revenue Code b. Section 1 of the Sherman Act c. Regulations of the Department of Health and Human Services

*d. State property tax statutes

11. Which of the following is the best description of the current legalsituation

regarding tax exemption for real estate (land) owned by a charitable corporation? *a. The standards and interpretations vary from state to stateand case to case. b. Federal law controls what property is exempt. c. The meaning of "exclusive use for charitable purposes" isclearly

defined by law. d. If a charity owns the property, it does not matter how theproperty is being used.

12. In most states, a charity's land must meet which two tests to beconsidered tax

exempt? *a. It must actually be owned by the charity and used for acharitable purpose. b. It must be used for a hospital, and the hospital must beaffiliated with a church. c. It must be used for healthcare purposes, and no privateindividuals can be part owners. d. It must be used for education, and no political activities canbe conducted on the grounds.

13. A charitable corporation buys a new piece of land with plans to start building a

hospital in two years. On the next property tax assessment date, the land is still vacant and construction has not begun. In most states, what is the most likely result of the charity'spetition for exemption from real estate taxes? a. Because the charity owns the land, the property is exempt.

*b. Because the land is not being used, the property is notexempt. c. If building permits have been issued, the property is exempt. d. If the charity is a church, the property is exempt.

14. A tax-exempt hospital has a pharmacy that fills prescriptions forits patients and

sells other products typically found in commercial pharmacies. Which of the following is the best summary of the tax implications of this situation? a. The hospital is competing with taxable businesses; therefore,the hospital is

likely to lose its tax exemption. b. The hospital is subject to prosecution under the unfaircompetition laws. *c. The hospital will need to pay tax on some of the pharmacy'sprofits. d. The hospital's governing board members have committed an ultravires act by allowing noncharitable use of the property.

15. True or false: Hospital gift shops are not permitted to sell products to the

general public because doing so gives them an unfairadvantage over private businesses. a. True

*b. False

16. Which of the following is NOT typical of the courts' attitudetoward tax

exemption? a. Taxation is the rule; exemption is the exception. b. The burden of proof is on the one seeking the exemption.

*c. Providing free care to the poor justifies the exemption. d. Any doubts should be resolved in favor of the exemption beingdenied.

Chapter 13 1. Which of the following is NOT one of the major US antitrust laws? a. Sherman Act b. Clayton Act

*c. Powell Act d. Federal Trade Commission Act

2. True or false: Antitrust laws are based on the premise that freemarkets are a

good thing. *a. True b. False

3. True or false: Any agreement between two people or corporations thatrestrains trade

is a violation of the antitrust laws. a. True

*b. False

4. The board members of XYZ Corporation discuss among themselves how toincrease

the market share for XYZ Widgets®. Eventually, their widgets beat out the competition and are the only brand of this this type of product remaining on the market. What is the most likely analysis of the situation from the standpoint of antitrust law? a. The board members' discussions amount to a conspiracy torestrain

trade. b. The board members are guilty of an attempt to monopolize. c. Because the company has in fact created a monopoly, it hasviolated the

antitrust laws. *d. The mere fact that these widgets have cornered the marketdoes not prove a violation.

5. Ocwen, Inc., makes a doodad that competes directly with XYZ Corporation's gizmo.

Both companies are beating themselves up trying tooutdo the other. Over lunch, the two CEOs come to terms: Ocwen will sell its doodads west of the Mississippi; XYZ will sell its gizmos onlyto the east. What antitrust violation have the CEOs committed? *a. Division of markets b. Price fixing c. Monopolization d. Tying arrangement

6. True or false: Union activities are generally exempt from theantitrust laws.

*a. True b. False

7. PharMax, a pharmaceutical manufacturer, sells its drugs for use in hospitals at a

lower wholesale price than the price given to commercialpharmacies. CPC, Inc., a commercial pharmacy chain, files suit alleginga violation of the price discrimination laws. What is the likely outcome of the suit? *a. CPC will lose because sales to not-for-profit hospitals aretreated differently. b. CPC will win because clearly there is discriminatory pricing. c. CPC will win because PharMax is attempting to monopolize thenot-forprofit market. d. CPC will lose because antitrust laws do not apply tohospitals.

8. A certain federal law prohibits unfair or deceptive practices, suchas making false

promises about a product, sending billing for unsolicited merchandise, using highpressure door-to-door sales methods, and bait-and-switch techniques. What law is this? a. Sherman Antitrust Act

*b. Federal Trade Commission Act c. Adam Clayton Powell Act d. Interstate Commerce Act

9. Which of the following is most likely to be considered exempt bystatute from

the antitrust laws? a. The business of healthcare

*b. The business of insurance c. The business of football d. The business of railroads

10. True or false: Violation of the antitrust laws can result in civiland/or criminal

penalties. *a. True b. False

11. Which of the following is not a per se (automatic) violation of theantitrust laws? a. Price fixing b. Dividing markets c. Group boycott

*d. Monopolization

12. A transaction in which a corporation transfers its assets toanother and then

ceases to exist is generally known as what? a. Dissolution b. Consolidation

*c. Merger d. Fusion

13. If a business transaction is not considered a per se (automatic) violation of the

antitrust laws, what type of analysis will the courtsapply to the situation? a. Fair market value

*b. Rule of reason c. Rule in Shelley's Case d. Noerr-Pennington Doctrine

14. Which antitrust principle is most often used by physicians tochallenge

decisions about medical staff privileges? *a. Group boycott b. Price fixing c. Monopoly d. Rule of reason

15. True or false: The Herfindahl-Hirschman Index is a tool used tomeasure the

concentration of a given market. *a. True b. False

16. Some joint activities between hospital competitors may actually have positive

effects on competition. Which of the following is leastlikely to be considered such an activity? a. Acquisition of a failing hospital by a strong one b. Joint ventures to acquire expensive technology c. Jointly administered surveys on consumers' health status

*d. Mutual decisions to limit services

17. Which of the following statutes exempts the "business of insurance"from the

antitrust laws? *a. The McCarran-Ferguson Act b. The Sherman Act c. The Clayton Act d. The Federal Trade Commission Act

18. "Contracts, combinations and conspiracies in restraint of trade"are a major

focus of which statute? a. The McCarran-Ferguson Act

*b. The Sherman Act c. The Clayton Act d. The Federal Trade Commission Act

19. True or false: For the federal government to have antitrust jurisdiction, the

particular activity must be in or affect interstatecommerce. *a. True b. False

20. True or false: Lawful activities of labor unions, such as collective bargaining,

do not fall within the scope of the antitrustlaws. *a. True b. False

Chapter 14 1. For a case to be "justiciable" means it is

. a. being decided by a court of appeals

*b. ripe for decision by a court of law c. an advisory opinion d. political in nature

2. True or false: Under the common law we inherited from England, abortion was

considered a crime and punished by imprisonment or evendeath. a. True

*b. False

3. Which of the following is the landmark US Supreme Court decision onabortion? a. Wade v. Bolton b. Bush v. Gore c. Planned Parenthood v. Casey

*d. Roe v. Wade

4. True or false: Because some abortions are legal and the government cannot

discriminate against the poor, Medicaid recipients are entitledto have abortions paid for by federal funds. a. True

*b. False

5. When the Supreme Court considers the validity of a state's law restricting

abortion, which of the following is the primary criterionit uses? *a. Whether the restriction is an undue burden on a woman'sdecision b. Whether the right to choose is consistent with privacy law c. The level of state funding for the procedure d. Whether the father of the child has been consulted

6. True or false: Contraception and voluntary sterilization present fewif any significant

legal issues today. *a. True b. False

7. Involuntary, court-ordered sterilization of the mentally handicappedwas once

approved by the US Supreme Court (in Buck v. Bell). What is the name of the scientific area of study on which this now-discredited concept was based? a. Animal husbandry b. Theory of evolution

*c. Eugenics d. Mendelian genetics

8. True or false: A government-owned hospital usually may not prohibitlawful

abortions and sterilizations. *a. True b. False

9. When a woman's sterilization procedure fails and she later becomespregnant, she

may have a valid claim for which of the following? a. Wrongful death b. Wrongful life

*c. Wrongful birth d. Wrongful sterilization

11. The practice of one woman carrying a fetus in her womb for anotherwoman who

is unable to do so is called what? a. In vitro fertilization b. Agency pregnancy

*c. Surrogate parenting d. Artificial insemination

12. How many different individuals' legal interests might be closelyinvolved in

some cases of in vitro fertilization? a. Two: the husband and wife because the husband's sperm is used b. Three: the sperm donor and the husband and wife c. Four: the sperm and egg donors and the husband and wife

*d. As many as seven

13. Which of the following principles has been used to determine custody of a

child born of a surrogate mother who reneged on her agreement to give up custody of the child? *a. The best interest of the child b. The mother's right to choose c. The sanctity of marriage d. Breach of contract

14. What is the major legal and philosophical problem with "wrongfullife" cases? a. Determination of the time of birth

*b. How to measure damages c. The statute of limitations d. The Americans with Disabilities Act

Chapter 15 1. True or false: A "whistle-blower" lawsuit is also known as a qui tamlawsuit.

*a. True b. False

2. Which of the following would not be considered a violation of theFalse Claims

Act? a. Billing for services that were not rendered b. Billing for services provided by someone other than theclaimant

*c. Billing one charge for a battery of tests performed as asingle lab procedure d. Billing for a higher DRG payment rate than the diagnosisjustifies

3. Which of the following statutes is not related to healthcare fraud?

*a. Sherman Act b. False Claims Act c. Anti-kickback law d. Stark self-referral law

4. Dr. Sheehan is part owner of a small "reference lab" business. When his patients

need blood work done, he sends them to that lab because itis in the same building, it is convenient for the patient, it returns the results quickly, and the staff does good work.

Has Dr. Sheehan violated a law? *a. Yes b. No

5. True or false: Under the federal statute relating to false claims, the penalty is

$25,000 per false claim and five times the amount of theoverpayment. a. True

*b. False

6. A healthcare organization's process for promoting honest, ethical,and responsible

conduct and preventing violations of law is usually referred to as what? a. Internal audit system b. Business protection plan c. Responsible action process

*d. Corporate compliance program

7. True or false: Under the federal False Claims Act, a physician can be held guilty of

submitting a false claim even if they did not intendto defraud the government. *a. True b. False

8. What agency of the federal government usually investigates hospitalFalse Claims

Act cases? a. US Marshall's Service

*b. Office of Inspector General c. Attorney General d. Surgeon General

9. Jim Black has filed a qui tam lawsuit against a medical devicemaker. This

means that Mr. Black

.

*a. is trying to enforce the federal False Claims Act b. wants his money back because the device was defective c. wants the manufacturer to replace the device d. thinks the manufacturer has violated the antitrust laws

10. True or false: Federal law provides that a person who files awhistle-blower

lawsuit is protected against discrimination and retaliation. *a. True b. False

11. Payment of something of value with the intent of inducing referralsis a violation of

which of the following statutes? a. Stark law b. Sherman Anti-Fraud Law

*c. Antikickback statute d. False Claims Act

12. True or false: It is probably okay for a patient transportation company to pay a

hospital employee a fee each time the employee selectsthe company to transport a patient. a. True

*b. False

13. True or false: The Stark self-referral laws apply to referrals of patients by a

hospital to a home health agency that the hospital owns. a. True

*b. False

14. Referrals for certain healthcare services are prohibited by theStark laws; what

are those services called? a. Prohibited health services b. Medicare/Medicaid services c. Banned health services

*d. Designated health services

15. Which of the following is not an element of an effective corporatecompliance

program? *a. Hospital security department b. Standards of conduct c. Auditing and monitoring d. Appropriate disciplinary action