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Final Study Guide Answers

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Personal Protection means
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all the above; protecting yourself from needless litigation, Protecting yourself from loss of reputation, Protecting yourself from loss of earning power
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Which statement best describes an informed employee
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An informed employee is aware of the contractual agreement with the employer
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Licensure laws
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Protect the public and serve patients’ intrests
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The medical office Procedure manual documents
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Each task to be performed
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The practice of the medicine includes
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All the above; activities that are routine, advanced training, skill and judgement
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which of the following would be considered a “layperson” by the law
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A receptionist
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In today’s medical office, which of the following tasks does a medical assistant perform?
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All of the above; scheduling hospital admissions, performing waived lab tests, a nurse
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The practice of medicine is generally held to mean
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All the above; diagnosis and treatment, prescription for prevention or cure of any human disease, treatment for ailment and injury
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Why is it important for medical assistants to understand and work within the parameters of the laws that apply to a medical office
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doing so protects themselves and their employer
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Which of the following statements is true
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A medical assistant, working under the physician’s direction, may be held to the same standard of care as a physician
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Medical practice acts and health care licensing regulations define
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scope of practice
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In carrying out their responsibilities, administrative agencies usually perform all of the following functions
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Mediation
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_____ means ” let the decision stand”
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Stare decisis
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During Phase II , ____ consist of deposition, interrogatories, motions, and (often) further negotiation
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Discovery
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testimony is
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Evidence
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Once a complaint has been filed, the patient officially becomes the ____ and the provider officially becomes the ___
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Plaintiff/defendant
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Ninety percent of cases settle out of court. Cases are settle out of court in several ways, including
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Arbitration and /or mediation
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Discovery consists of
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deposition and interrogatories
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in a bench trial, the :
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judges serves as both judge and jury
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Preparing your case requires you to
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All the above; pay attention behave in a professional manner, cooperate with your attorney
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In a medical malpractice case, who is the plaintiff
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the patient
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a deposition is
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a prior statement made by a witness
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perjury is
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a false statement during a deposition
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the stage of the federal appellate process are
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federal district court, U.S. court of appeals, U.S. supreme court
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in a criminal case “beyond a reasonable doubt” is
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the burden of proof
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the most common civil claim in medical law is an action known as a tort. Tort liability is based on the following grounds
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intentional, negligent, or strict liability
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the standard of proof required to find a defendant guilty in a civil case
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preponderance of evidence
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to prove that a defendant is guilty of an attempt to commit a crime, three things must be proven beyond a reasonable doubt. Which of the following is not one of the conditions
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the defendant informed the victim of intent to commit the crime, but came close
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manslaughter is defined as
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unlawful killing of another without malice
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conspiracy occurs when two or more persons
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commit an unlawful or criminal act
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larceny would occur if you took a lawn mower from your neighbor
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without permission and you had no intent to return it
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these types of abuse may involve medical office personnel with criminal investigation agencies
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child, elder, and domestic abuse
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which of the following statements is true regarding reporting child abuse and penalties for failure to report abuse
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all states have reporting laws
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the Health Insurance Portability and accountability act of 1996 (HIPAA) protects the disclosure of
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individually identifiable information
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elder abuse is divided into ____ classifications
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five
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By entering into a contractual relationship with a health care provider, the person is requiring medical attention becomes the
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patient
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contracts can be either
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implied or expressed
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which best describes the concept of ” consideration” in the medical community
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fee for service
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physicians enter into contracts with managed care companies that keep a panel of physicians under contract by paying them
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a capitated rate
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the statue of fraud requires
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an agreement to be in writing
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minors, incompetent persons, and individuals under the influence of a drug that alters their mental state are
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legally disabled
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which statements best describes the statute of limitations
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the length of time after an injury a plaintiff has before he or she may no longer file a suit
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the physician tells a patient she will be cured after the procedure. After the procedure, the patient is not cured. The physician could now be liable for__
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breach of contract
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a healthy proxy is
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a medical durable power of attorney
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a remedy provided by a court decision preventing or requiring someone to perform a particular action defines
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an injunctive relief
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in order to have a civil medical malpractice lawsuit, the patient must show
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the physician breached the duty to the patient
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which statement does not describe an expert witness
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certified by HIPAA
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the defense to a medical malpractice cause of action includes all of the following, execpt
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res ipsa loquitur
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___ is a term used to describe any unreasonable behavior on the part of the patient that contributed to the cause of injury
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contributory negligence
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which of the following is a reason a physician could be sued for malpractice
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failure to inform the patient of drug reaction
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which statement best describes some of the ethical and moral implications regarding informed consent
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a patient may selectively remember comments by the physician
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on of the negative consequences of so many medical lawsuits is that physician
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stay away from the treatment of difficult cases
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burnout happens when health care professionals
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are exhausted from overwork
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which statement best describes malpractice insurance
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medical malpractice makes headlines because of the rising cost to health care providers
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which of the following statements is true
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all the statements is true; all trespasser is someone who enters property illegally, a licensee enters property with implied permission, an invitee enters property for business as a result of express or implied invitation
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affirmative duty
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is to protect the invitee
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nonverbal communication is best defined as
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using body language
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two of the immediate effect of the increase in malpractice litigation are seen in ___ malpractice insurance premiums and the ___ in the number of carriers willing to assume the risk
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higher;decrease
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what is meant by ” conspiracy of silence”
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one doctor is not willing to testify against another doctor
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The two bases forms of alternative delivery system are the health___ organization (HMO) and the preferred ____ organization (PPO)
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maintenance;provider
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control substance act restrict which of the following
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classification, sale, and use of certain drugs
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physicians are required to submit on a regular basis to various governmental agencies these report include all of the following execpt
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immunizations
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elder abuse is handled at the _____ not the ____ level
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state; national
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___ law regarding employment interview situations dictates that employers are not allowed to ask questions concerning race, religion, age, or whether a women is pregnant
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discrimination
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social security is several different but related programs, including
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retirement and disability
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most people sixty-five years of age and older, rich, or poor are eligible for ___ coverage, ___ is provided for low income individuals and is obtainable through local social services or welfare departments
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medicare; medicaid
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which statement best describes the regulations for blood borne pathogens
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regulations cover both administrative and clinical aspects of practice
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people join unions for many reasons, but primarily because they
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are dissatisfied with their wages, benefits, or working conditions
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A job description describes
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the responsibilities required of each employee
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the medical record is increasingly being used
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all the above; to determine teh necessity for and quality of health care, for reimbursement, as the standard by which the practice is judged
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which statement best describes the ownership of medical records
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ownership carries with it the right and power to exercise authority
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___ includes the right to make personal decision
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privacy
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the american health information management association (AHIMA) recommends health information
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only be faxed when patients needs immediate care
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which statement best describe HIPAA requirements regarding medical records stored on the internet
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all the above; patients have the right to see their medical records, patients have the right to make corrections in their medical records, medical records are accessible to the physician and other clinicians
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Hospitals and physicians should have a written policy on file detailing staff procedures for release of patient information the policy must reflect
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local statutes and federal law
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when in doubt about releasing medical information, you should
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err by not disclosing rather than disclosing
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___ medical records modifies the content of the record, while _____ records means inventing a story
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altering: fabricating
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___allows patients to see their records and make corrections in them
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HIPAA
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to correct an entry in a hard copy medical record, you should
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draw a single line through the entry being corrected, date and sign the entry
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the study of ethics is related to
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the study of laws
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Statutes exist that requires physicians to report
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all the below: contagious disease and measles, meningitis and AIDS, gunshot wounds and child abuse
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“teleological is a term deriving from the Greek, meaning
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design and purpose
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right moral conduct is based on which of the following three traditions
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Judeo-Christian, Buddhist, Islamic
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Medical etiquette is
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a demonstration of politeness, professionalism, and courtsey
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in the past, out economic system, based on supply and demand, has operated to regulated the health care system. When demand exceeded supply, ___determine who could afford access to what services
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managed care
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the american medical association’s council on ethical and judicial affairs identifies which types of ethical conflict facing physician
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balancing the interest of their parents with the interest of the other patients; balancing the needs of patients with the financial interest of their physician
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breaking ___ codes results in the disapproval of at least a segment of society, but breaking ___ codes results in penalties enforced by the law
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ethical; legal
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each individual approaches the ethical problem from his or her own perspective. This includes
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cultural values and moral upbringing
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physician may exercise control over diverse matters except for
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the distribution of insurance plans
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a false malicious statement that damages a person’s reputation is
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slander
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under HIPAA requirements, those found guilty of wrongfully disclosing private health information face ___years in jail and a ___fine
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10; $250000
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HIPAA is the abbreviation for
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Health insurance protability and accountability act
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in what year ha HIPAA signed into law
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1996
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what information does HIPPA protect
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information transferred by electronic media, information written in paper, information spoken verbally
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from whose philosophy was the idea of confidentiality, and thus HIPAA derived
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Hiprocrates
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what legal agency is responsible for enforcing HIPAA
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federal government
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communication between a physician and patient is legally recognized as ___ and in some states this extends to social workers and psychotherapists
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privileged
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to surrender a claim, privilege, or right is known as
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waiving
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under HIPAA, consent is required from a patient in order to carry out ___treatment
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basic
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what president signed HIPAA into law? up until this point there was no federal privacy act for medical records
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president clinton
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in what year was HIPAA signed into law
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1996
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what is public law 104-191 more commonly known as
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HIPAA
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what risks are associated with violating HIPAA
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losing your job and being sued
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there are ___human genetic disease
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3000 to 4000
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___is (are) an essential component of all living matter and the basic chromosomal material transmitting the hereditary pattern
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DNA
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wrongful death is death caused by
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negligence
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investigating an individual’s genetic makeup may have ____effects on society or may produce ___outcomes
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positive; negative
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the genetic disease that causes fatal chronic lung problems is known as
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cystic fibrosis
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a genetic blood disorder found in 1 of 400 African Americans
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sickle cell anemia
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a genetic blood disorder that causes a failure in blood clotting is
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hemophilia
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a genetic defect in enzymes that causes retardation is
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tay-sachs disease
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select the type of samples necessary for genetic testing
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solid tissue, nucleated cells, saliva, blood
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an example of genetic testing is
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amniocentesis
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pre-implantation genetic diagnosis is a
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gender and physical traits selection process
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According to the AMA and its policy on newborns when does brain death occur
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when the brain and brain stem function sease
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what is the Elizabeth Glaser Pediatric Foundation known for supporting
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drug therapist for AIDS
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because the health care industry is determined to cut cost managed care organizations emphasize___ over ___
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drug treatment; counciling
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an anencephalic child is born ___ a brain but___ a brain stem
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without;with
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select the year managed care was introduced
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1990
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according to this chapter, what is the intended goal of managed care
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increased patient access and cost effective preventive medicine
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today what percentage of Americans with insurance are enrolled in some form of managed care health program
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90%
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in the 1940s the first transplant operations began. what was the transplant operation
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corneal transplant
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in which year did the first human kidney transplant occur
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1954
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in which year was the first human transplant attempted
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1964
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what is the most common transplant
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blood transfusion
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Any individual of sound mind and eighteen years of age or more may give all or any part of their body; the gift to take effect upon death. this is one of the provisions of the
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uniform anatomical gift act
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medical transplant are divided into three categories depending on the tissues used. a transplant procedure from one person to another person is known as
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homograft
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the transplant of animal tissue into a human is known as
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heterograft
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select the year in which the uniform anatomical gift act was passed
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1968
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what does DRG stand for
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diagnostic related group
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which american president declined to fund human stem cell research
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president George W Bush
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which of the following statements is true regarding conduction “community-based” research in a private medical office versus clinical trials in an academic medical center
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the cost of “community based” research are much less than the same trials in an academic medical center, results are produced much more quickly in “community based” research , the trend move research away from medical centers and into “community-based” research started in the 1990
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paternalism
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is interference with a person’s independence, is in conflict with the concept autonomy
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select the definition of cardiopulmonary arrest
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cessation of normal functioning of the heart and lungs
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which od the following is not an advance directive
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PSDA
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a document signifying a principal to delegate to another person the authority to act on the principal’s behalf is known as
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durable power of attorney
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as a result of the treatment of cardiopulmonary arrest with _______ patients may be literally brought back to life after the traditional signs of a death have appeared
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CPR
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assisted suicide laws fall under the jurisdiction of
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state law
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the number of states that recognize some version of the durable power of attorney is
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50
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the term for actively assisting someone to terminate their life at their request
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euthanasia
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these states have currently adopted or are currently considering legislation some form of “death with dignity act”
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Oregon, Washington, New Hemisphere
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identify the term that describes the ethical issue: helping, advising, and protecting geriatric patients may neglect individual choice and personal responsibility
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paternalism
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as of 1997____ states has living wills statues
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41
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living will laws are known as
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natural death acts
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hospitals must provide written information to patients upon admission informing them of their rights under state law to execute advance directives. this is a provision of which act
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PDSA
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termimation of life support system is considered
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an intentional act
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who is the Michigan doctor who received 10-25 year prison sentence for second-degree murder after he administered a lethal injection into a man in Michigan
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jack Kervorkian
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which is not a provision of the PSDA
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hospitals must identify the principal and the health care agent