Complete the mcq:
1) Legal disputes with the medical staff must be avoided if at all possible because
Collusion with the medical staff violates antitrust laws
Physicians are hospital employees
Such disputes are disruptive and expensive
Physicians are solely responsible for admitting patients
2. "Corporate liability" refers to which of the following?
A corporation's responsibility for the acts of its employees
Use of reasonable care in appointing members of the medical staff
Medical malpractice insurance coverage
Medicare Conditions of Participation
3. A significant aspect of the Health Care Quality Improvement Act is that it
Creates a national data bank on peer review activities
Establishes a national board of appeals for peer review decisions
Requires hospitals to immediately suspend any physician suspected of misconduct
Allows courts to substitute their judgments about decisions to suspend a physician's privileges
4. Of the following legal issues, which is most likely to be of concern in the peer review process?
Licensure
Criminal background checks
Medical society membership
Confidentiality of peer review records
5. Which of the following is not commonly a function of the organized medical staff?
Providing continuing medical education
Serving as a liaison between physicians and the governing board
Doing background checks on applications for medical staff privileges
Investigating Medicare and Medicaid fraud by physicians
6. Who has ultimate responsibility for the quality of care rendered in a healthcare Organization?
Governing board (board of directors/trustees)
Chief of the medical staff
Medical executive committee
Medical staff credentialing committee
7. When acting on applications for medical staff privileges, both government-owned and private hospitals must provide procedural due process.
True
False
8. In cases involving discipline of medical staff members, an allegation of "unprofessional conduct" is too vague and subjective to be a valid standard.
True
False
9. Under common-law principles, for many years private hospitals were essentially free of court intervention in decisions about medical staff appointments.
True
False
10. A hospital enters into an exclusive contract with a physician or physician group to Provide specialty services (e.g., anesthesia or emergency department coverage). If that decision is challenged by a physician who has been excluded from performing those services, the courts generally defer to the hospital's decision and find in favor of the hospital
True
False
11. Hospitals are required by law to have an emergency department.
True
False
12. As a matter of common law, a physician has no duty to respond to a stranger's call for medical assistance.
True
False
13. The federal law regarding examination and treatment of emergency medical conditions applies only to persons who are uninsured.
True
False
14. A patient in a hospital-owned ambulance is considered to have "come to the hospital" for purposes of the federal law on emergency medical care.
True
False
15. The federal law on emergency medical conditions applies to anyone on hospital property who the hospital determines has an emergency medical condition, even if the individual is not in the emergency department.
True
False
16. Under federal law, a woman who is in labor is considered to have an emergency condition.
True
False
17. To be a violation of the federal emergency medical treatment law, a hospital's refusal to see a patient must have been motivated by the patient's inability to pay.
True
False
18. Which of the following statements is the best summary of a hospital's duty of care in emergency cases?
Once care has begun, the hospital has a duty to provide reasonable treatment under the Circumstances in the patient's best interests.
Once the patient has been screened, he should be transferred to a public hospital if he has no Insurance coverage.
If no attending physician is on duty, the patient should be transferred immediately to a hospital that has a fully staffed emergency department.
If the patient is seen by a resident or intern, the hospital will not be liable unless that person was negligent.
19. When can a patient who appears at a hospital and asks for emergency treatment be transferred to another facility?
Never
After the patient has been admitted and the condition is no longer an emergency
When a transfer is in the patient's best interests, medically speaking
When no physician is on duty
20. Which of the following is the best summary of the purpose of a Good Samaritan Statute?
To require people to stop blind men from walking off cliffs
To protect people from liability who render aid at the scene of an accident
To protect paramedics and other "first responders" from lawsuits
To provide financial incentives that encourage emergency response teams
21. Most states now apply which standard to s about what risks should be Disclosed to the patient for informed consent?
What most reasonable physicians disclose
What The Joint Commission requires
What the American Medical Association requires
What reasonable patients would want to know
22. What is the most significant legal problem with relying on oral consent?
It is prohibited by Medicare regulations.
It is a violation of the Hippocratic Oath.
It is ultra vires.
It is difficult to prove.
23. Which of the following is not a required element of informed consent?
Risks
Alternatives
Consequences of non-consent
Insurance coverage
24. Which of the following was not a "right to die" case?
In re Quinlan
Matter of Conroy
Buck v. Bell
Cruzan v. Director
25. "Ghost surgery" refers to what able practice?
Procedures performed by a substitute physician
Exorcism
Voodoo rituals
Training of medical residents
26. Proof of a patient's consent is a defense against which type of lawsuit?
Harassment
Battery
False imprisonment
Negligence
27. What type of consent is most commonly an issue in a medical malpractice case?
Deathbed consent
Express consent
Informed consent
Testamentary consent
28. A patient has a right to refuse to consent to medical treatment because
Treatment without consent is battery
It is in the Constitution
Otherwise the doctor cannot be paid
It is required by Medicare
29. Even if a patient is competent to consent, the patient's spouse must also consent to the patient's major surgery if the risk is great.
True
False
30. As a general rule, patients may not refuse lifesaving treatment.
True
False
31. Consent forms tailored to specific procedures should be used when the proposed treatment is other than routine care.
True
False
32. A proper informed consent form must include the technical name of any medical procedure to which the patient agrees.
True
False
33. The proper role of a medical interpreter is to translate literally the physician's words into the patient's native language.
True
False
34. A corporation that is exempt from federal taxation may not take a position in support ofa particular candidate for elective office.
True
False
35. All income of a charitable corporation is exempt from federal taxation.
True
False
36. Income from the sale of goods and services to hospital patients is generally not taxable.
True
False
37. Tax-exempt corporations are not-for-profit, but not all not-for-profit corporations are tax exempt.
True
False
38. A hospital is automatically considered a charity.
True
False
39. A charitable corporation buys a new piece of land with plans to start building a hospital in two years. On the next property tax assessment date, the land is still vacant and construction has not begun. In most states, what is the most likely result of the charity's petition for exemption from real estate taxes?
Because the charity owns the land, the property is exempt.
Because the land is not being used, the property is not exempt.
If building permits have been issued, the property is exempt.
If the charity is a church, the property is exempt.
40. Which of the following is not typical of the courts' attitude toward tax exemption?
Taxation is the rule; exemption is the exception.
The burden of proof is on the one seeking the exemption.
Providing free care to the poor justifies the exemption.
Any doubts should be resolved in favor of denying the exemption.
41. Which of the following would disqualify a corporation from being tax exempt?
Being organized as a not-for-profit
Serving a charitable purpose
Paying dividends to shareholders
Serving a religious purpose
42. In the context of tax-exempt corporations, the term "excess benefits" refers to which of the following?
A healthy employee benefits plan
Net income
The cost of health insurance
Large salaries and perks for executives
43. Which of the following is not a per se (automatic) violation of the antitrust laws?
Price fixing
Dividing markets
Group boycott
Monopolization
44. "Contracts, combinations and conspiracies in restraint of trade" are a major focus of which statute?
McCarran-Ferguson Act
Sherman Act
Clayton Act
Federal Trade Commission Act
45. Which of the following is not one of the major US antitrust laws?
Sherman Act
Clayton Act
Powell Act
Federal Trade Commission Act
46. Which of the following statutes exempts the business of insurance from the antitrust laws?
McCarran-Ferguson Act
Sherman Act
Clayton Act
Federal Trade Commission Act
47. Which of the following is most likely to be considered exempt by statute from the antitrust laws?
The business of healthcare
The business of insurance
The business of football
The business of railroads
48. The antitrust laws are based on the premise that free markets are a good thing.
True
False
49. Any agreement between two people or corporations that restrains trade is a violation of the antitrust laws.
True
False
50. For the federal government to have antitrust jurisdiction, the particular activity must involve or affect interstate commerce.
True
False
51. The Herfindahl-Hirschman Index is a tool used to measure the concentration of a given Market
True
False
52. Union activities are generally exempt from the antitrust laws.
True
False
53. A whistle-blower lawsuit is also known as a qui tam lawsuit.
True
False
54. Under the federal False Claims Act, a physician can be held guilty of submitting a false claim even if he/she did not intend to defraud the government.
True
False
55. The Stark self-referral laws apply to referrals of patients by a hospital to a home health agency that the hospital owns.
True
False
56. Which of the following statutes is not related to healthcare fraud?
Sherman Act
False Claims Act
Anti-kickback law
Stark self-referral law
57. Which of the following is not an element of an effective corporate compliance program?
Hospital security department
Standards of conduct
Auditing and monitoring
Appropriate disciplinary action
58. In the mid-1990s, what was the US Justice Department's number-two law enforcement priority?
Fighting terrorism
Eliminating fraud and waste in healthcare programs
Violent crime
Antitrust enforcement
59. What agency of the federal government usually investigates hospital False Claims Act cases?
US Marshall's Service
Office of Inspector General
Attorney General
Surgeon General
60. Which of the following is not considered a violation of the False Claims Act?
Billing for services that were not rendered
Billing for services provided by someone other than the claimant
Billing one charge for a battery of tests performed as a single lab procedure
Billing for a higher DRG payment rate than the diagnosis justifies