HIM 3100 Exam 1
Information about an electronic health record, such as the date and time of data
creation, is:
a. spoliation
b. hearsay
c. legal hold
d. metadata - ANS-d. metadata
Exceptions to the federal Anti-Kickback Statute that allow legitimate business
arrangements and are subject to prosecution are:
a. qui tam practices
b. safe harbors
c. exclusions
d. safe practices - ANS-b. safe harbors
From an evidentiary standpoint, incident reports
a. may be referenced in the patient's health record
b. are universally non-admissable during trial proceedings
c. should not be placed in a patient's health record
d. are universally non-discoverable during litigation - ANS-c. should not be placed in a
patient's health record
Assault and battery falls under the category of
a. malpractice
b. negligent tort
c. intentional tort
d. breach of contract - ANS-c. intentional tort
Per the theory of physician/patient privilege, the right to waive the confidentiality of
medical information belongs to the
a. patient
b. hospital
c. doctor
d. administrator - ANS-a. patient
A legal matter was tried at the district court level and appealed to a federal appellate
court. The case was appealed to the US Supreme Court, which declined to hear it.
When the Supreme Court declined the case, it
, a. reviewed a petition for writ of certiorari
b. granted cert
c. denied cert
d. refused to submit to mediation - ANS-c. denied cert
Joseph has just read a newspaper article that indicates he has embezzled funds from
the health care company that he works for. This is not true and Joseph wants to sue the
newspaper. What could Joseph sue for?
a. libel
b. slander
c. negligence
d. battery - ANS-a. libel
The Sherman Act:
a. prohibits tax-emept status for non-profit organizations
b. prohibits tax-exempt status for profitable healthcare organizations
c. prohibits concerted activities with the goal of restraining trade
d. prohibits organizations from competing with one another - ANS-c. prohibits concerted
activities with the goal of restraining trade
In order for an incident to be considered a false claim act violation, the healthcare
provider must actually submit a false claim and meet the ___ standard.
a. anti-kickback
b. knowing
c. HIPAA
d. qui tam - ANS-b. knowing
The legal term used to describe when a patient has the right to maintain control over
certain personal information is referred to as
a. access
b. confidentiality
c. privacy
d. security - ANS-c. privacy
What legal doctrine of liability was basically eliminated as a result of the landmark case
Darling v. Charleston Community Memorial Hospital?
a. corporate negligence
b. charitable immunity
c. proximate cause
d. vicarious liability - ANS-b. charitable immunity
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