Legal Issues for COMLEX Level 1 Exam
Questions and Answers
Reimbursement on the basis of expected cost of the course of treatment
-Ex: *if a patient underwent a surgical procedure, the entire team is compensated
with a "bundled payment" instead of separate payments to each provider* -
ANSWER-Bundled payment
-Medical records are *owned by the provider that constructed them*
-However, *patients have the right to see and get a copy of these records* -
ANSWER-Federal Privacy Rule
Physician who constructed them - ANSWER-Who *owns* a patient's medical
records?
Unlawful for an employer to discriminate based on genetic information or to request
genetic information - ANSWER-Genetic Information Non-discrimination Act (GINA)
Refer the patient to another physician who will perform the abortion - ANSWER-A
pregnant woman is wanting to have an abortion. However, as a physician, you have
moral beliefs that you will NOT perform an abortion. What should you do?
Residents who want to moonlight can, and these hours *will count* toward the max
number of weekly hours *80 hours/week* - ANSWER-Resident moonlighting and
duty hours
16 hour shirt MAXIMUM - ANSWER-First years residents can work moonlight shift.
What is the MAX hour shift he or she may work?
Physicians are *required* to report *ALL medical errors*
-Regardless if it causes harm or not - ANSWER-Physicians reporting medical errors
Most states *require* physicians to *alert the law enforcement authorities* of ANY
violence-related injuries (i.e. stab wound, gunshot wound, etc.) - ANSWER-Physician
reporting of *violence*
Ensures public access to *emergency services regardless of ability to pay*
-Occurs at Medicare-participating hospitals
-Hospitals required to provide *stabilizing treatment* for pts in an emergency
situation
-Ex: *active labor, worksite injury*, etc. - ANSWER-Emergency Medical Treatment &
Labor Act
Intended to *protect those* who provide care to those who are injured or who are in
danger *from legal liability* - ANSWER-Good Samaritan Laws
, Provides a minimum level of legal liability to those who volunteer - ANSWER-
Volunteer Protection Act
*YES*
-Even though either could protect the baby, the pt *still has the right to refuse either*
-Pregnant pt has the same rights as a non-pregnant pt. She can refuse *any form of
treatment* - ANSWER-A pregnant pt refuses both HIV testing and C-section, even if
it will potentially save the baby's life. Can she do this?
1) Chlamydia
2) Gonorrhea
3) Hepatitis A,B,C
4) HIV
5) Influenza-associated pediatric mortality
6) Measles
7) Mumps
8) Rubella - ANSWER-List of diseases that need to be reported to the CDC
It is *ok* to accept *small gifts* from pts, as long as there is *NO exchange for
services*
-*NO exchange for services is the key*
-A physician can accept any *small gift* as long as there is NO exchange for
services - ANSWER-Physician accepting gifts from patients
Avoiding the use of *abbreviations and trailing zeros* may help reduce the incidence
of medication errors - ANSWER-Abbreviations and trailing zeros in *medication
orders*
It is *OK* for a physician to accept gifts from a pharmaceutical company as long as
they are *medically related (i.e. stethoscope, textbook, etc.)
-The physician can also accept a *meal/dinner*
-However, these should be the only gifts a physician accepts. *NO money, tickets to
events, etc.* - ANSWER-Physician accepting gift from *pharmaceutical companies*
1) Perform a *full evaluation*
2) Ask permission to *interview the child alone*
3) If abuse is suspected, contact *Child Protective Services* immediately -
ANSWER-Suspected child abuse
YES!
-It *is ethical* for a physician to *accept or decline* to serve anyone who seeks their
services, regardless of recommendation or referral
-HOWEVER, read the scenario carefully for signs of *acuity or risk* when deciding if
the pt is *abandoned or neglected* - ANSWER-Is a physician entitled to *decline to*
see a patient?
1) Notify the patient *in writing* of termination
2) *Obtain authorization* from the pt to transfer medical records to another provider
3) Ensure there is *continuity of care* (i.e. non-abandonment) - ANSWER-
Discontinuation of the Doctor-Patient relationship
Questions and Answers
Reimbursement on the basis of expected cost of the course of treatment
-Ex: *if a patient underwent a surgical procedure, the entire team is compensated
with a "bundled payment" instead of separate payments to each provider* -
ANSWER-Bundled payment
-Medical records are *owned by the provider that constructed them*
-However, *patients have the right to see and get a copy of these records* -
ANSWER-Federal Privacy Rule
Physician who constructed them - ANSWER-Who *owns* a patient's medical
records?
Unlawful for an employer to discriminate based on genetic information or to request
genetic information - ANSWER-Genetic Information Non-discrimination Act (GINA)
Refer the patient to another physician who will perform the abortion - ANSWER-A
pregnant woman is wanting to have an abortion. However, as a physician, you have
moral beliefs that you will NOT perform an abortion. What should you do?
Residents who want to moonlight can, and these hours *will count* toward the max
number of weekly hours *80 hours/week* - ANSWER-Resident moonlighting and
duty hours
16 hour shirt MAXIMUM - ANSWER-First years residents can work moonlight shift.
What is the MAX hour shift he or she may work?
Physicians are *required* to report *ALL medical errors*
-Regardless if it causes harm or not - ANSWER-Physicians reporting medical errors
Most states *require* physicians to *alert the law enforcement authorities* of ANY
violence-related injuries (i.e. stab wound, gunshot wound, etc.) - ANSWER-Physician
reporting of *violence*
Ensures public access to *emergency services regardless of ability to pay*
-Occurs at Medicare-participating hospitals
-Hospitals required to provide *stabilizing treatment* for pts in an emergency
situation
-Ex: *active labor, worksite injury*, etc. - ANSWER-Emergency Medical Treatment &
Labor Act
Intended to *protect those* who provide care to those who are injured or who are in
danger *from legal liability* - ANSWER-Good Samaritan Laws
, Provides a minimum level of legal liability to those who volunteer - ANSWER-
Volunteer Protection Act
*YES*
-Even though either could protect the baby, the pt *still has the right to refuse either*
-Pregnant pt has the same rights as a non-pregnant pt. She can refuse *any form of
treatment* - ANSWER-A pregnant pt refuses both HIV testing and C-section, even if
it will potentially save the baby's life. Can she do this?
1) Chlamydia
2) Gonorrhea
3) Hepatitis A,B,C
4) HIV
5) Influenza-associated pediatric mortality
6) Measles
7) Mumps
8) Rubella - ANSWER-List of diseases that need to be reported to the CDC
It is *ok* to accept *small gifts* from pts, as long as there is *NO exchange for
services*
-*NO exchange for services is the key*
-A physician can accept any *small gift* as long as there is NO exchange for
services - ANSWER-Physician accepting gifts from patients
Avoiding the use of *abbreviations and trailing zeros* may help reduce the incidence
of medication errors - ANSWER-Abbreviations and trailing zeros in *medication
orders*
It is *OK* for a physician to accept gifts from a pharmaceutical company as long as
they are *medically related (i.e. stethoscope, textbook, etc.)
-The physician can also accept a *meal/dinner*
-However, these should be the only gifts a physician accepts. *NO money, tickets to
events, etc.* - ANSWER-Physician accepting gift from *pharmaceutical companies*
1) Perform a *full evaluation*
2) Ask permission to *interview the child alone*
3) If abuse is suspected, contact *Child Protective Services* immediately -
ANSWER-Suspected child abuse
YES!
-It *is ethical* for a physician to *accept or decline* to serve anyone who seeks their
services, regardless of recommendation or referral
-HOWEVER, read the scenario carefully for signs of *acuity or risk* when deciding if
the pt is *abandoned or neglected* - ANSWER-Is a physician entitled to *decline to*
see a patient?
1) Notify the patient *in writing* of termination
2) *Obtain authorization* from the pt to transfer medical records to another provider
3) Ensure there is *continuity of care* (i.e. non-abandonment) - ANSWER-
Discontinuation of the Doctor-Patient relationship
