Legal Sources and Concepts: Review Quiz for Aspiring Professionals

Question 1 1 / 1 pts Which of the following four sources of law derives from the English common law and is also known as judge-made or case law? a. Constitutional law b. Statutory law Correct! c. Common law d. Administrative law Question 2 1 / 1 pts Which of the following sources of law is the highest law in the United States? Correct! a. US Constitution b. Laws of the 50 states c. Common law d. Administrative law Question 3 1 / 1 pts The party in a civil case that brings the action and has the burden of proof is the ____. Correct! a. plaintiff b. prosecutor c. defendant d. judge Question 4

1 / 1 pts The party who allegedly committed the wrongdoing is the _____. a. plaintiff b. prosecutor Correct! c. defendant d. judge Question 5 1 / 1 pts In what way(s) might a civil case be resolved? Settlement Judgment Dismissal Default judgment a. 1, 2, and 3 b. 2, 3, and 4 Correct! c. 1, 2, 3, and 4 d. 2 and 4 Question 6 1 / 1 pts A standard of care is a. what a group of physicians deems to be appropriate treatment. b. what a healthcare professional in a metropolitan setting would do. c. established primarily by accreditation standards. Correct!

d. what an individual is expected to do or not do in a given situation. Question 7 1 / 1 pts A reasonably prudent person is one who _____. a. Is polite Correct! b. Would or would not do something in a similar situation c. Is always correct d. Acts as most people would act in a given situation Question 8 0 / 1 pts The record custodian typically can testify about which of the following when a party in a legal proceeding is attempting to admit a health record as evidence? Identification of the record as the one subpoenaed The care provided The qualifications of the treating physician Policies and procedures relevant to creation and maintenance of a record a. 1 and 3 only b. 2 and 4 only You Answered c. 1 and 2 only Correct Answer d. 1 and 4 only Rationale: The record custodian cannot testify as to the type, nature or quality of care, which options 2 and 3 refer to (pp. 61–62).

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Question 9 0 / 1 pts What is the implication regarding the confidentiality of incident reports in a legal proceeding when a staff member documents in the health record that an incident report was completed about a specific incident? You Answered a. There is no impact. b. The person making the entry in the health record may not be called as a witness in trial. Correct Answer c. The incident report likely becomes discoverable because it is mentioned in a discoverable document. d. The incident report cannot be discovered even though it is mentioned in a discoverable document Rationale: Unless specifically protected by law (generally a statute), incident reports tend to be discoverable. This is particularly true if the incident report is disseminated or its presence is made known in a discoverable document, as indicated by option c (pp. 68–69). Question 10 0 / 1 pts A legal hold _____. Correct Answer a. Is issued by a court You Answered b. Is initiated by an organization’s legal counsel c. Requires that the health record be submitted to the court d. Only occurs after the defendant is found liable Rationale: A legal hold is initiated by the court as a formal legal process, and options b, c, and d are incorrect statements (p. 64).

Question 11 0 / 1 pts Retention of medical records is mandated by __________. You Answered a. HIPAA b. Joint Commission standards Correct Answer c. state and federal law d. professional association guidelines Rationale: HIPAA does not address record retention. Joint Commission refers to applicable law. Professional guidelines (for example, AHIMA) may address record retention, but they do not have the force of law and are therefore not mandates. As a result, c is the correct option (p. 60). Question 12 0 / 1 pts A law that is enacted by Congress is a. administrative law. Correct Answer b. statutory law. c. common law. You Answered d. constitutional law. Rationale: Congress creates and enacts statutes. It does not create administrative, common or constitutional law (p. 44). Question 13 0 / 1 pts To access the rules and regulations regarding implementation of a federal law, one would consult the:

a. Congressional Register Correct Answer b. Federal Register You Answered c. Journal of American Health Information Management Association d. Rules and regulations are not published, so there is no one place to access them Rationale: Option a does not exist; option b does not contain rules and regulations (it is not a government publication); and option d is incorrect because rules and regulations are published. They are published in option b, the Federal Register (p. 44). Question 14 0 / 1 pts To successfully pursue an action for slander where the words affected the plaintiff’s profession: You Answered a. Actual harm to reputation must be proven b. Lost wages must be proven c. Dissension between the parties involved must be established Correct Answer d. Actual harm to the plaintiff’s reputation is presumed Rationale: The law provides that actual harm is presumed where one is defamed relative to his or her professional capacity. The law does not require that harm be proven (p. 51). Question 15 1 / 1 pts In which case did the Supreme Court rule that the right to privacy limits governmental authority to regulate contraception? Correct! a. Griswold v. Connecticut

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b. Runyon v. Wright c. Jones v. Kendall d. In re Adams Question 16 1 / 1 pts A federal confidentiality statute specifically addresses confidentiality of health information about which of the following types of patients? a. Developmentally disabled b. Elderly Correct! c. Drug and alcohol recovery d. Cancer Question 17 1 / 1 pts The information contained in a patient’s health record is owned by the a. Healthcare facility b. Physician Correct! c. Patient d. State Question 18 1 / 1 pts The tangible health record is owned by the _____. Correct! a. Healthcare organization that created and maintains it b. patient

c. state department of health d. Department of Health and Human Services Question 19 0 / 1 pts In distinguishing between concurrent and retrospective quality reviews, retrospective reviews refer to activities that evaluate medical care _____. a. Before it is provided. You Answered b. As it is being given. Correct Answer c. After it has been given. d. Provided only by the physician. Rationale: Review of care can be concurrent (as it is being provided) or retrospective (after care has been provided). It can pertain to care provided by any type of provider, and is not limited to physician care only (p. 68). Question 20 1 / 1 pts One potential benefit of accreditation to a hospital is that the Medicare program and some states recognize organizations having Joint Commission accreditation as meeting their requirements and do not require an additional _______________. Correct! survey Correct Answers survey Survey Question 21

1 / 1 pts The difference between a negligent tort and an intentional tort is that in an intentional tort, the person committing the wrongful act does so _____. Correct! a. Purposely or knowing that harm will likely occur b. Intending for harm to occur c. Without knowledge that harm will occur d. Accidentally Question 22 1 / 1 pts If a person makes a deliberate threat with the apparent ability to cause physical harm (for example, a very large person threatening to hit a much smaller person), the wrongdoer has committed what offense against the smaller person? a. Battery b. Defamation Correct! c. Assault d. False imprisonment Question 23 0.5 / 1 pts The provider-patient relationship is based on a _________ agreement. You Answered contract for care Correct Answers contractual Contractual Rationale: A provider-patient relationship is a contract provided there is an agreement between the parties; a valid offer; an exchange of consideration; and acceptance of the offer (p. 54).

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Question 24 0 / 1 pts State breach notification laws are _____. You Answered a. Generally tailored to medical information Correct Answer b. Generally not tailored to medical information c. Most often created in response to wrongful disclosures of medical information d. Generally non-existent Rationale: Breach notification laws do exist in numerous states, but they often are not tailored to medical information. Thus a, c, and d are incorrect. Option b is the correct response (p. 68). Question 25 0 / 1 pts Privilege, as it relates to the relationship between physician and patient, means the physician is not permitted, without patient consent, to _____. You Answered Doctor-patient privilege Correct Answers testify in a civil action about certain information gained from the relationship I will validate this question's answer after completion. Rationale: Privilege is held by the patient and relates to information obtained as part of the professional relationship. It protects information from being disclosed as part of civil testimony (p. 65). Quiz Score: 14.5 out of 25

Chapter 2Review Quiz

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