When acting on applications for medical staff privileges


Question 1

Who has ultimate responsibility for the quality of care rendered in a healthcare organization?

Question 1 options:

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.
Question 2 options:

True

False

Question 3

A significant aspect of the Health Care Quality Improvement Act is that it
Question 3 options:

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.
Question 4 options:

True

False

Question 5

Which of the following is not commonly a function of the organized medical staff?
Question 5 options:

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
Question 6 options:

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.
Question 7 options:

True

False

Question 8

"Corporate liability" refers to which of the following?
Question 8 options:

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?
Question 9 options:

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.
Question 10 options:

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.
Question 11 options:

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.
Question 12 options:

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.
Question 13 options:

True

False

Question 14

Under federal law, a woman who is in labor is considered to have an emergency condition.
Question 14 options:

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.
Question 15 options:

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.
Question 16 options:

True

False

Question 17

Historically, a physician's duty to treat someone was founded upon which principle?
Question 17 options:

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
Question 18 options:

OSHA

EMTALA

ERISA

EXCULPA

Question 19

Which of the following is the best summary of the purpose of a Good Samaritan Statute?
Question 19 options:

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?
Question 20 options:

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?
Question 21 options:

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?
Question 22 options:

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.
Question 23 options:

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?
Question 24 options:

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.
Question 25 options:

True

False

Question 26

"Ghost surgery" refers to what questionable practice?
Question 26 options:

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?
Question 27 options:

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
Question 28 options:

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?
Question 29 options:

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.
Question 30 options:

True

False

Question 31

What is the most significant legal problem with relying on oral consent?
Question 31 options:

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.
Question 32 options:

True

False

Question 33

Which of the following is not necessary for a valid informed consent?
Question 33 options:

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.
Question 34 options:

True

False

Question 35

All income of a charitable corporation is exempt from federal taxation.
Question 35 options:

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?
Question 36 options:

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.
Question 37 options:

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.
Question 38 options:

True

False

Question 39

Which of the following would disqualify a corporation from being tax exempt?
Question 39 options:

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?
Question 40 options:

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?
Question 41 options:

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.
Question 42 options:

True

False

Question 43

Which of the following is not one of the major US antitrust laws?
Question 43 options:

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.
Question 44 options:

True

False

Question 45

Which of the following is not a per se (automatic) violation of the antitrust laws?
Question 45 options:

Price fixing

Dividing markets

Group boycott

Monopolization

Question 46

Union activities are generally exempt from the antitrust laws.
Question 46 options:

True

False

Question 47

Violation of the antitrust laws can result in civil and/or criminal penalties.
Question 47 options:

True

False

Question 48

Lawful activities of labor unions such as collective bargaining do not fall within the scope of the antitrust laws.
Question 48 options:

True

False

Question 49

"Contracts, combinations and conspiracies in restraint of trade" are a major focus of which statute?
Question 49 options:

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?
Question 50 options:

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.
Question 51 options:

True

False

Question 52

Any agreement between two people or corporations that restrains trade is a violation of the antitrust laws.
Question 52 options:

True

False

Question 53

Which of the following statutes is not related to healthcare fraud?
Question 53 options:

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.
Question 54 options:

True

False

Question 55

What agency of the federal government usually investigates hospital False Claims Act cases?
Question 55 options:

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?
Question 56 options:

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.
Question 57 options:

True

False

Question 58

Which of the following is not an element of an effective corporate compliance program?
Question 58 options:

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.
Question 59 options:

True

False

Question 60

Which of the following is not considered a violation of the False Claims Act?
Question 60 options:

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

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Dissertation: When acting on applications for medical staff privileges
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