HCM 388 FINAL EXAM - QUESTIONS
WITH ANSWERS VERIFIED 100%
CORRECT
Stare decisis - ✔✔the principle that a court must respect decisions of high courts on a
settled legal issue appliable to the instant case
Writ of certiorari - ✔✔an order from a higher court to a lower court, requesting that
the record of a case be sent up for review
Arbitration - ✔✔an extrajudicial hearing sometimes used in medical liability cases to avoid
a court trial and conducted by a person or a panel of people who are not necessarily judges
Substantive law - ✔✔the types of law that creates and defines rights and duties.
Procedural law - ✔✔provides the specific processes for enforcing and protecting
rights granted by substantive law.
Discovery - ✔✔device used to identify prospective defendants or witnesses or to
uncover other important evidence
Deposition - ✔✔most common and effective discovery; whereby a party subpoenas
a witness to testify under oath before a court reporter who transcribes the testimony
Written interrogatories - ✔✔like deposition, however, questions are written
Inspection and copying of documents - ✔✔(relevant to healthcare cases) party may request
to inspect and copy documents, inspect tangible items in the possession of the opposing party,
enter and inspect land under the control of the opposing party, or inspect and copy items
produced by a witness served with a subpoena duces tecum.
,Physical or mental examination of party - ✔✔may be used when the physical or mental
condition of a party to the lawsuit is in dispute. - request that the opposing party admit
certain facts
Request for admission of facts - ✔✔request that the opposing party admit certain facts
such as any formal reports associated with the incident (such as medical bills, police or
accident reports, etc.)
Subpoena duces tecum - ✔✔a subpoena requiring the witness to produce certain books
and documents, such as medical records
Judgement N.O.V (non obstante veredicto) - ✔✔a verdict "notwithstanding the
verdict" entered by the court when a jury's verdict is clearly unsupported by the evidence
Humoralism - ✔✔the belief that the body consisted of four basic substances ("humors)
The Four Humors - ✔✔blood, yellow bile, black bile, phlegm
Social Security Act (SSA) - ✔✔passed by FDR in 1935; part of the New Deal;
unemployment insurance, old-age assistance, aid to dependent children, and grants to the
states to provide various forms of medical care
Hill-Burton Act - ✔✔passed by Truman in 1946; a program of federal grants and loans
designed to modernize existing hospitals and construct new ones in underserved areas. It
prohibits racial discrimination at patient admission in federally subsidized facilities.
Allowed segregation of hospitals; "separate but equal"
Managed care plans - ✔✔insurance programs intended to reduce unnecessary health
care costs through a variety of mechanisms including economic incentives for physicians and
patients to select less costly forms of care.
, Medicare and Medicaid - ✔✔passed by Johnson in 1964 as part of the Great Society
proposal; composed as three-layered cake including Hospital insurance for elderly & disabled
under Social Security (aka Medicare Part A); government-subsidized insurance to cover
physicians' services (aka Medicare Part B); Funding to states for care of poor (Medicaid); Cost-
based reimbursements
Health Maintenance Organizations (HMO) - ✔✔passed in 1973 by Nixon. A type of health
insurance plan or managed care organization that focuses on wellness care and requires the use of
a specified panel of providers. This organization is paid capitated fees (per patient per month) and
is responsible to care for these patients or enrollees with the total funds provided.
Consolidated Omnibus Budget Reconciliation Act (COBRA) - ✔✔passed in 1985 by Reagan.
Enabled many employees to keep their health coverage after a job loss, albeit for a short
time and at their own expense.
Emergency Medical Treatment and Active Labor Act (EMTALA) - ✔✔prevents "patient
dumping" and requires hospitals to examine and treat patients in the event of an emergency.
Parents patriae - ✔✔the doctrine that the government is the ultimate guardian of all
people who have a legal disability, such as minors and the mentally ill
Utilization review - ✔✔the use of managed care techniques such as prior authorization
that allow payers, particularly health insurance companies to manage the cost of health care
benefits by assessing its appropriateness before it is provided using evidence-based criteria or
guidelines
Case management - ✔✔internal utilization review (UR) process; ongoing concurrent
review of patient care to determine whether treatments are medically necessary; Assist in
placing patients in more appropriate care
Third Party Payers - ✔✔managed care organizations, government programs,
employee benefit plans, private insurance plans, etc
WITH ANSWERS VERIFIED 100%
CORRECT
Stare decisis - ✔✔the principle that a court must respect decisions of high courts on a
settled legal issue appliable to the instant case
Writ of certiorari - ✔✔an order from a higher court to a lower court, requesting that
the record of a case be sent up for review
Arbitration - ✔✔an extrajudicial hearing sometimes used in medical liability cases to avoid
a court trial and conducted by a person or a panel of people who are not necessarily judges
Substantive law - ✔✔the types of law that creates and defines rights and duties.
Procedural law - ✔✔provides the specific processes for enforcing and protecting
rights granted by substantive law.
Discovery - ✔✔device used to identify prospective defendants or witnesses or to
uncover other important evidence
Deposition - ✔✔most common and effective discovery; whereby a party subpoenas
a witness to testify under oath before a court reporter who transcribes the testimony
Written interrogatories - ✔✔like deposition, however, questions are written
Inspection and copying of documents - ✔✔(relevant to healthcare cases) party may request
to inspect and copy documents, inspect tangible items in the possession of the opposing party,
enter and inspect land under the control of the opposing party, or inspect and copy items
produced by a witness served with a subpoena duces tecum.
,Physical or mental examination of party - ✔✔may be used when the physical or mental
condition of a party to the lawsuit is in dispute. - request that the opposing party admit
certain facts
Request for admission of facts - ✔✔request that the opposing party admit certain facts
such as any formal reports associated with the incident (such as medical bills, police or
accident reports, etc.)
Subpoena duces tecum - ✔✔a subpoena requiring the witness to produce certain books
and documents, such as medical records
Judgement N.O.V (non obstante veredicto) - ✔✔a verdict "notwithstanding the
verdict" entered by the court when a jury's verdict is clearly unsupported by the evidence
Humoralism - ✔✔the belief that the body consisted of four basic substances ("humors)
The Four Humors - ✔✔blood, yellow bile, black bile, phlegm
Social Security Act (SSA) - ✔✔passed by FDR in 1935; part of the New Deal;
unemployment insurance, old-age assistance, aid to dependent children, and grants to the
states to provide various forms of medical care
Hill-Burton Act - ✔✔passed by Truman in 1946; a program of federal grants and loans
designed to modernize existing hospitals and construct new ones in underserved areas. It
prohibits racial discrimination at patient admission in federally subsidized facilities.
Allowed segregation of hospitals; "separate but equal"
Managed care plans - ✔✔insurance programs intended to reduce unnecessary health
care costs through a variety of mechanisms including economic incentives for physicians and
patients to select less costly forms of care.
, Medicare and Medicaid - ✔✔passed by Johnson in 1964 as part of the Great Society
proposal; composed as three-layered cake including Hospital insurance for elderly & disabled
under Social Security (aka Medicare Part A); government-subsidized insurance to cover
physicians' services (aka Medicare Part B); Funding to states for care of poor (Medicaid); Cost-
based reimbursements
Health Maintenance Organizations (HMO) - ✔✔passed in 1973 by Nixon. A type of health
insurance plan or managed care organization that focuses on wellness care and requires the use of
a specified panel of providers. This organization is paid capitated fees (per patient per month) and
is responsible to care for these patients or enrollees with the total funds provided.
Consolidated Omnibus Budget Reconciliation Act (COBRA) - ✔✔passed in 1985 by Reagan.
Enabled many employees to keep their health coverage after a job loss, albeit for a short
time and at their own expense.
Emergency Medical Treatment and Active Labor Act (EMTALA) - ✔✔prevents "patient
dumping" and requires hospitals to examine and treat patients in the event of an emergency.
Parents patriae - ✔✔the doctrine that the government is the ultimate guardian of all
people who have a legal disability, such as minors and the mentally ill
Utilization review - ✔✔the use of managed care techniques such as prior authorization
that allow payers, particularly health insurance companies to manage the cost of health care
benefits by assessing its appropriateness before it is provided using evidence-based criteria or
guidelines
Case management - ✔✔internal utilization review (UR) process; ongoing concurrent
review of patient care to determine whether treatments are medically necessary; Assist in
placing patients in more appropriate care
Third Party Payers - ✔✔managed care organizations, government programs,
employee benefit plans, private insurance plans, etc
