Complete the mcq:
Question 1
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
Question 2
When acting on applications for medical staff privileges, both government-owned and private hospitals must provide procedural due process.
True
False
Question 3
A significant aspect of the Health Care Quality Improvement Act is that it
creates a national data bank on peer review activities
estabishes 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
Question 4
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
Question 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
Question 6
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
Question 7
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
Question 8
"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
Question 9
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
Question 10
Under common-law principles, for many years private hospitals were essentially free of court intervention in decisions about medical staff appointments.
True
False
Question 11
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
Question 12
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
Question 13
As a matter of common law, a physician has no duty to respond to a stranger's call for medical assistance.
True
False
Question 14
Under federal law, a woman who is in labor is considered to have an emergency condition.
True
False
Question 15
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
Question 16
Most courts have held that the federal law on emergency medical conditions essentially allows patients to sue for damages in federal court if their medical screening exams were performed negligently.
True
False
Question 17
Historically, a physician's duty to treat someone was founded upon which principle?
The doctor-patient relationship
Medicare Conditions of Participation
Joint Commission standards
Res ipsa loquitur
Question 18
The federal law that requires evaluation of persons who come to a hospital emergency room is called
OSHA
EMTALA
ERISA
EXCULPA
Question 19
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
Question 20
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
Question 21
The expression "implied consent" is most applicable in which of the following situations?
When the patient has been seeing the doctor for many years
When the treatment is part of a clinical research project
When the patient is dying
When there is an emergency and the patient is unconscious
Question 22
Proof of a patient's consent is a defense against which type of lawsuit?
Harassment
Battery
False imprisonment
Negligence
Question 23
Which of the following factors is not relevant to a decision whether to provide nonemergency care to a competent 17-year-old.
The individual is married.
The individual is a member of the US Armed Forces.
The individual is a high-school graduate.
The individual is mature, and the treatment is relatively minor.
Question 24
What type of consent is most commonly an issue in a medical malpractice case?
Deathbed consent
Express consent
Informed consent
Testamentary consent
Question 25
The proper role of a medical interpreter is to translate literally the physician's words into the patient's native language.
True
False
Question 26
"Ghost surgery" refers to what questionable practice?
Procedures performed by a substitute physician
Exorcism
Voodoo rituals
Training of medical residents
Question 27
Which of the following was not a "right to die" case?
In re Quinlan
Matter of Conroy
Buck v. Bell
Cruzan v. Director
Question 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
Question 29
Which of the following is the recent effort to convert patients' preferences into enforceable physicians' orders?
POLST/MOST
Patient Self-Determination Act
EMTALA
AMA Physician Order Form
Question 30
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
Question 31
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.
Question 32
If a woman is unconscious but in labor, this condition is an emergency to which the concept of implied consent can be applied.
True
False
Question 33
Which of the following is not necessary for a valid informed consent?
Explanation of the nature of the treatment
Use of language the patient can understand
Quote for the approximate cost of the procedure
Discussion of possible alternative treatments
Question 34
Income from the sale of goods and services to hospital patients is generally not taxable.
True
False
Question 35
All income of a charitable corporation is exempt from federal taxation.
True
False
Question 36
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.
Question 37
Tax-exempt corporations are not-for-profit, but not all not-for-profit corporations are tax exempt.
True
False
Question 38
A corporation that is exempt from federal taxation may not take a position in support of a particular candidate for elective office.
True
False
Question 39
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
Question 40
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
Question 41
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.
Question 42
A hospital is automatically considered a charity.
True
False
Question 43
Which of the following is not one of the major US antitrust laws?
Sherman Act
Clayton Act
Powell Act
Federal Trade Commission Act
Question 44
The antitrust laws are based on the premise that free markets are a good thing.
True
False
Question 45
Which of the following is not a per se (automatic) violation of the antitrust laws?
Price fixing
Dividing markets
Group boycott
Monopolization
Union activities are generally exempt from the antitrust laws.
Question 46
True
False
Question 47
Violation of the antitrust laws can result in civil and/or criminal penalties.
True
False
Question 48
Lawful activities of labor unions such as collective bargaining do not fall within the scope of the antitrust laws.
True
False
Question 49
"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
Question 50
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
Question 51
The Herfindahl-Hirschman Index is a tool used to measure the concentration of a given market.
True
False
Question 52
Any agreement between two people or corporations that restrains trade is a violation of the antitrust laws.
True
False
Question 53
Which of the following statutes is not related to healthcare fraud?
Sherman Act
False Claims Act
Anti-kickback law
Stark self-referral law
Question 54
A whistle-blower lawsuit is also known as a qui tam lawsuit.
True
False
Question 55
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
Question 56
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
Question 57
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
Question 58
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
Question 59
The Stark self-referral laws apply to referrals of patients by a hospital to a home health agency that the hospital owns.
True
False
Question 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