TEST QUESTIONS - LAWS AND
REGULATIONS
Ownership and control of medical records associated with hospital
delivered services rests with the:
a) Hospital
b) Physician
c) Patient
d) Insurer correct answersa) Hospital
The rules governing the acceptance and treatment of emergency patients
are known as:
e) EMTALA
f) EEOC
g)Stark II
h) COBRA correct answersa) EMTALA
Which of the following is the clear trend regarding a hospital's liability for
the actions of its members of its medical staff?
i)The hospital is maybe held liable for a physician's negligence even
though the physician is an "independent contractor"
j)Hospitals are not liable for such actions because they are simply physical
sites where patients receive treatment fro privately retained physicians
k)Courts are becoming more reluctant to impose liability on Hosptials for
the negligence of physicians who use their facilities
l) The hospital is liable only if the physician is an employee correct answers
In general, courts exhibit what attitude regarding controversies over
medical staff privileges?
m)Human lives are at stake and the courts must intervene to protect
physicians' rights to save those lives
n)If the decision were supported by reasonable evidence, courts will not
substitute their judgment for that of the hospital board
o) Hospitals must not be permitted to interfere with the doctor-patient
relationship
p)Courts may not entertain suits regarding medical staff privileges correct
answersb) If the decision were supported by reasonable evidence, courts
will not substitute their judgment for that of the hospital board
, A joint venture laboratory owned by a hospital and physicians on its medical
staff would probably be in violation of fraud and abuse laws if it were to:
a) Market its services to both investors and non investors
b) Offer ownership shares at the same price to the referrers and non
referrers
c) Require investors to refer business to it
d)Protect the public's economic interest correct answersc) Require
investors to refer business to it
The thrust of antitrust legislation as applied to the healthcare field is to:
e) Contain costs
f) Contain rising costs of independent single unit hospital
g)Monitor the scope of health services provided in a given area
h)Protect the public's economic interest correct answersd) Protect
the public's economic interest
Two independent healthcare organizations interested in discussing a joint
venture to initiate a cancer treatment program would be wise to initially
consult with their legal counsel to determine if their:
i) Liability is equal even though disproportionately owned
j) Financial gains or loses can be shared unequally
k) Discussions might violate antitrust statues
l)Current can accommodate the program correct answersc) Discussions
might violate antitrust statues
Under federal law, whenever a patient comes to a hospital emergency
department with an emergency condition:
m)With few exceptions, the patient's ability to pay may be considered
in determining whether to provide treatment or not
n)With few exceptions, the patient's condition must be stabilized
before he/she is transferred or discharged
o) A police officer may be asked to authorized treatment
p)The hospital has no duty to treat the person if he/she is not a patient or
a member of the medical staff correct answersb) With few exceptions, the
patient's condition must be stabilized before he/she is transferred or
discharged
With respect to the processes by which healthcare organizations
maintain the confidentiality, security, and integrity of the medical
record, all of the following statements are true except:
q)The original medical record of a patient being transferred from
one healthcare organization to another may accompany the patient to
the new organization