Comlex Level 2 - Medical Law/Ethics
Questions and Answers 2024-2025
COBRA - ANSWER-The Consolidated Omnibus Budget Reconciliation Act (COBRA)
health benefit provisions amend the Employee Retirement Income Security Act, the
Internal Revenue Code and the Public Health Service Act to require group health plans
to provide a temporary continuation of group health coverage that otherwise might be
terminated.
cruzan vs director missouri dep of health - ANSWER-patients have the right to refuse
life sustaining tx
Define primary prevention of disease, and list some examples. - ANSWER-Prevent
onset of disease
(ex. vaccinations, diet/exercise)
Define secondary prevention of disease, and list some examples. - ANSWER-Prevent
progression of disease
(ex. screening tests, HTN meds)
Define tertiary prevention of disease, and list some examples. - ANSWER-Prevent
complications of disease
(ex. surgery, rehabilitation)
Double effect - ANSWER-Action that has negative and positive consequences may be
ethically justified if intention is to achieve positive effect
EMTALA - ANSWER-Emergency Medical Treatment and Labor Act (EMTALA) is a
federal law that requires anyone coming to an emergency department to be stabilized
and treated, regardless of their insurance status or ability to pay,
ERISA - ANSWER-The Employee Retirement Income Security Act of 1974 (ERISA) is a
federal law that sets minimum standards for most voluntarily established pension and
health plans in private industry to provide protection for individuals in these plans.
Fidelity - ANSWER-Fidelity (loyalty and/or promise-keeping) - In some cases this term is
used to describe a duty to be loyal. In other instances it is used to refer to the duty to
keep one's promises. With managed care contracts and the increase in institutional
affiliations, more health care professionals are finding themselves in situations where
they have to choose between honoring a contractual obligation or doing what they
, believe is in the patient's best interests. They may also find that their obligations to
different third parties conflict
good samaritan law - ANSWER-1) tx must be rentered in true emergency
2) tx must be outside of hospital
3) tx must not be reimbursed
gross negligence - ANSWER-carelessness with intent to cause harm
Gross negligence - ANSWER-Carelessness with intent to cause harm
Health Maintenance Organization (HMO) - ANSWER-A health maintenance
organization (HMO) is an organization that provides or arranges managed care for
health insurance, self-funded health care benefit plans, individuals, and other entities in
the United States and acts as a liaison with health care providers (hospitals, doctors,
etc.) on a prepaid basis.
Healthcare Integrity and Protection Data Bank (HIPDB) - ANSWER-United States
Government program that the collects and discloses authorized users negative
information on health care practitioners, including malpractice awards, loss of license or
exclusion from participation in Medicare or Medicaid.
--primary goals of improving health care quality, protecting the public and reducing
health care fraud and abuse
If a patient comes in to the ER with emergency symptoms and they request to be
examined or in need of care what must you do even if the insurance denies pay? -
ANSWER-if the insurance denies pay and the patient has emergency symptoms then
they are required to be screened. If it turns out they have an emergency medical
situation then you must treat them until they can be transferred to another facility.
This is EMTALA (emergency medical treatment and labor act)
If a patient writes in his/her will that they have chosen a power of attorney and they are
not married or the parents want to take control, who has the final say in the patient's
outcome? - ANSWER-no matter what, once a power of attorney is declared (whoever it
be) they are the decision maker.
If doctors are talking about a patient then when are they considered violating HIPAA? -
ANSWER-If they mention the state then they are not in violation of the law. However, if
they mention the city then they are screwed.
If you have a patient with an STD and you try to convince them to tell their partner and
they repeatedly refuse, what is it your duty to do? - ANSWER-It is your duty to warn an
endangered third party if you try to convince someone that they should report their STD
and use protection and they refuse.
Questions and Answers 2024-2025
COBRA - ANSWER-The Consolidated Omnibus Budget Reconciliation Act (COBRA)
health benefit provisions amend the Employee Retirement Income Security Act, the
Internal Revenue Code and the Public Health Service Act to require group health plans
to provide a temporary continuation of group health coverage that otherwise might be
terminated.
cruzan vs director missouri dep of health - ANSWER-patients have the right to refuse
life sustaining tx
Define primary prevention of disease, and list some examples. - ANSWER-Prevent
onset of disease
(ex. vaccinations, diet/exercise)
Define secondary prevention of disease, and list some examples. - ANSWER-Prevent
progression of disease
(ex. screening tests, HTN meds)
Define tertiary prevention of disease, and list some examples. - ANSWER-Prevent
complications of disease
(ex. surgery, rehabilitation)
Double effect - ANSWER-Action that has negative and positive consequences may be
ethically justified if intention is to achieve positive effect
EMTALA - ANSWER-Emergency Medical Treatment and Labor Act (EMTALA) is a
federal law that requires anyone coming to an emergency department to be stabilized
and treated, regardless of their insurance status or ability to pay,
ERISA - ANSWER-The Employee Retirement Income Security Act of 1974 (ERISA) is a
federal law that sets minimum standards for most voluntarily established pension and
health plans in private industry to provide protection for individuals in these plans.
Fidelity - ANSWER-Fidelity (loyalty and/or promise-keeping) - In some cases this term is
used to describe a duty to be loyal. In other instances it is used to refer to the duty to
keep one's promises. With managed care contracts and the increase in institutional
affiliations, more health care professionals are finding themselves in situations where
they have to choose between honoring a contractual obligation or doing what they
, believe is in the patient's best interests. They may also find that their obligations to
different third parties conflict
good samaritan law - ANSWER-1) tx must be rentered in true emergency
2) tx must be outside of hospital
3) tx must not be reimbursed
gross negligence - ANSWER-carelessness with intent to cause harm
Gross negligence - ANSWER-Carelessness with intent to cause harm
Health Maintenance Organization (HMO) - ANSWER-A health maintenance
organization (HMO) is an organization that provides or arranges managed care for
health insurance, self-funded health care benefit plans, individuals, and other entities in
the United States and acts as a liaison with health care providers (hospitals, doctors,
etc.) on a prepaid basis.
Healthcare Integrity and Protection Data Bank (HIPDB) - ANSWER-United States
Government program that the collects and discloses authorized users negative
information on health care practitioners, including malpractice awards, loss of license or
exclusion from participation in Medicare or Medicaid.
--primary goals of improving health care quality, protecting the public and reducing
health care fraud and abuse
If a patient comes in to the ER with emergency symptoms and they request to be
examined or in need of care what must you do even if the insurance denies pay? -
ANSWER-if the insurance denies pay and the patient has emergency symptoms then
they are required to be screened. If it turns out they have an emergency medical
situation then you must treat them until they can be transferred to another facility.
This is EMTALA (emergency medical treatment and labor act)
If a patient writes in his/her will that they have chosen a power of attorney and they are
not married or the parents want to take control, who has the final say in the patient's
outcome? - ANSWER-no matter what, once a power of attorney is declared (whoever it
be) they are the decision maker.
If doctors are talking about a patient then when are they considered violating HIPAA? -
ANSWER-If they mention the state then they are not in violation of the law. However, if
they mention the city then they are screwed.
If you have a patient with an STD and you try to convince them to tell their partner and
they repeatedly refuse, what is it your duty to do? - ANSWER-It is your duty to warn an
endangered third party if you try to convince someone that they should report their STD
and use protection and they refuse.
