HIM 102 ch 9-15 – Flashcards

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Wellness hosp accidentally lost a tape containing thousands of patiens info for patients involved in clinical trial, under the arra the ce would be required to
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notify the media notify each patient notify hhs
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hipaa recognized consent is a patients agreement to
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use and disclose for TPO purposes
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what is the most common method for implementing entity authentication
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password systems
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today, janet visited her new dentist for an appt. she was not presented with a npp. I this acceptable?
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No, it is a violation of the HIPAA privacy rule
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capture of date by the hosp data security system that shows multiple invalid attempts to access the database is an example of what type of security control?
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audit trail
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debbie an him prof, was recentley hired as the privacy officer at a large practice. she observes the following practices. which is a violation of the hipaa privacy rule?
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dr lawson gives names of asthma patients to a pharmaceutical co
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you are a member of the hosp him committee. the committee has created a hipaa complaint auth form. what does the privacy rule require?
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identification of the person auth to disclose phi id of the person auth to receive phi experiation date or event
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hipaa security rule applies to
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hosp that electronically bills medicare physicians electronic billing bluecross health insurance plans
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which of the following does the administrative simplification portion of title ii address?
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privacy rule for confidentiality of patient health iinfo security regulations for protected health info uniform standards for transactions and code sets
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what does entity authentication mean
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the computer reads a predetermined set of criteria to determine if a user is who they claim to be
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which is a public interest and benefit exception to the auth requirement
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phi regarding victims of domestic violence
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indiv designated as a inpatient coder may have access to an electronic meical record in order to code that record. under what access security mechanism is the coder allowed to acces the system
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role-based
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what is the most common type of security threat to a health info system
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internal to the org
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addressable implementation specs in the security rules standards are optional therefore, the ce does not have to show that the standards are being met
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false
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in which of the following disclosures is the indiv provided with the opportunity to agree or object?
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facility directory
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medical info loses the phi status and is no longer protected by the hipaa privacy rule when it
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is de-identified
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designated record set
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includes medical and billing records
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arra changes to hipaa include all of the following
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penalties are awarded on a biered system business associates will be subjected to the same penalties and fines as CEs indiv must be notified of any breaches of phi
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one of the medical staff committees a st vincent hosp is responsible for reviewing cases of patients redmitted within 14 days of discharge. this review of the record is
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healthcare operations
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copying data onto tapes and storing the tapes in a distant location is an example of
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data backup
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to ensure compliance with the arra CEs should
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develop policies and procedures for responding to breaches implement sanctions for workforce members who breach phi review and update BA agreements
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Under HIPAA, what is named as a covered entity
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health plan healthcare clearinghouse healthcare provder
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an additional category required to be provided on the accounting of disclosures for facilities using EHRs under the ARRA is
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for treatment, payment and operation
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susan is completing her high school community svc hours by serving as a volunteer at a hospital. relative to the hosp under hipaa she is considered
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workforce member
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shirley has written to request an amendment to her phi for bon voyage hosp, stating that incorrect info is present on the document in question. the documentis an incident report that was erroneosly place on ms. dentons health record. the covered entity declines her request base on what provision of the privacy rule
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it is not part of the designated record set
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although hipaa isn't the first piece of federal privacy legislation, it is more expansive than the federal privacy act, which applied privacy rules to
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federal agencies
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hipaa privacy rule
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sets a minimum (floor) of privacy requirements
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Linda is being admitted to the hosp. she is presented with a npp. in the notice, it is explained that her phi will be used and disclosed for tpo. linda doesn't want her phi used
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thie hosp is not required to honor her wishes
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mercy hosp personnel need to review the med records of katie for utilization review purposes (#1). they will also be sending her records to her dr for continuity of care (#2) as they pertain to the hosp, these functions are
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use (#1), disclosure (#2)
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hipaa privacy rule
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doesn't only apply to medicare patients doesnt only apply to govt operated healthcare facilites
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sally was treated for kidney stones at graham hosp. she now wants to see her records in person. she requested to see them in closed room by herself
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her request doesnt have to be granted because the hosp is resp for the integrity of the medical record
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original goal of hipaa administrative simplification was to standardize
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the electronic transmission of health data
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what is an element that makes info "PHI" under the hipaa privacy rule
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identifies an individual in the custody of or transmitted by a ce or its ba relates to ones health condition
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blake hosp retains barry & assoc to handle its audit functions. some of its functions include access to phi. what is true about the co?
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it is a business associate because it uses or discloses indiv identifiable health info on behalf of the hosp
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augusta clinic has requested that furr hosp send its health records from helenas smiths most recent admission to the clinic for her follow up appt. what statement is true
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the privacy rules minimum necessary requirement does not apply
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per the hipaa privacy rule, a hybrid entity is defined as one that
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performs both covered and noncovered functions under the privacy rule
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what is a required element of the npp
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effective date of the notice description of how to file a complaint about hipaa privacy rule violations list of indiv rights per the hipaa privacy rule
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what is a hipaa identifier
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license plate number telephone number age, if patient is 75 years old
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sign-in sheet at a physicians office is best described as
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incindental disclosure
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hipaa authorization
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may be revoked as long as it is in writing
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minimum necessary standard
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applies to both uses and disclosures of phi
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sheri requests a copy of her health record from a provider, per hipaa the provider
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may charge for the cost of copying
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purpose of the implementation specs of the hipaa security rule is to provide
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instruction for implementation of standards
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one of four general requirements a ce must adhere to for compliance with the hipaa security rule is to ensure the confidentiality, integrity and____ of ePHI
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availability
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what are the primary distinctions between the hipaa security rule and teh hipaa privacy rule
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the privacy rule applies to all forms of patients phi, whether electroni, written oral, but the security rule covers on electronic phi the security rule provides for far more comprehensive security requirements than the privacy rule and includes a level of detail not provided in the privacy rule
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if a hipaa security rule implementation specs is addressable, this means that
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an alternative may be implemented
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hipaa security awareness and training administrative safeguard requires all of the addressable implementation programs for an entitys workforce
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login monitoring password management security reminders
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which of the following statemens is true about the security officer. he (all)
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is generall the indiv within the healthcare org responsible for overseeing the info security program generally reports to upper level administrator within the healthcare org is given the authority to effectively manage the security program, apply sanctions and influence employees
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noncompliance with the hipaa security rule can lead to
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civil penalties up to $25k per person per year criminal penalties up to $250k and 10years in prison
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which of the statements about hipaa training is true (all)
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different levels of training are needed depending on an emplyees position in the org all employees in a health care org need hipaa training training is required under the hipaa security rule
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what term is also used to denote the hipaa requirement of contingency planning
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emergency mode of operation
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hipaa security rule contains the following safeguards
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technical administrative physical
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enforcement agency for security rule is
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office of civil rights
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hipaa security rule requires that the ce
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protect ePHI from reasonably anticipated threats
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hipaa security rule allows flexibility in implementation based on reasonableness and appropriateness. What does the ce use to make these determinations
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size of the ce security capabilities of teh ce system costs of security measures
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addressable standards, the ce may do all of what
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implement the standard as written implement an alternative standard determine the risk of not implementing is negligible
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hipaa security rule requires that passwords
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be updated by organizational policy
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according to the hipaa security rule, how should a covered entity instruct a physician who needs a new smart phone and her current smart phone contains ePHI
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turn in her old phone
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nurse admin who doesn't typically take calls gets called in overthe weekend to staff the emergency dept. she doesn't have access to enter notes since this is nota part of her typical role. in order to meet the intent of the hipaa security rule, the hosp policy should include
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a provision to allow heremergency access to the system
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hipaa security rule contains what provision about encryption
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it is required based on organizational policy
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admissions dept is getting new computers. the director is excited and doesnt contact IT and installs the computer over the weekend. since the computers werent checked for presence of ePHI, the admissions director has violated with provision of the HIPAA security rule
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device and media controls
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vp of finance wants to consider sending all of the medical transcriptionists home to work. what security issues should be included in the risk analysis?
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access of data by unauthorized persons
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home health nurses at a ce want to use laptop computers to record patient notes. the director of nursing asks for guidance about whether or not this is a hipaa vioation. the most appropriate response from security office is
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need additional training as remote workers
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some of the best steps that workers can btake to comply with the hipaa security rule include ensuring
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all employees receive appropriate training
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security procedure that causes a computer session to end after a predetermined perio of inactivity is
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automatic log off
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greatest threats to organizational security stem from
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internal threats
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director of health info services is allowed access to the medical record tracking system when providing the proper log in and password. Under what access security mechanism is the director allowed access to the system?
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user-based
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indiv designated as an inpatient coder may haveaccess to an electronic medical record in order to code the record. under what access security mechanism is the coder allowed access to the system
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role-based
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under what access security mechanism would an indiv be allowed access to ePHI if they have a proper log in and password, belong to a specified group and their workstation is located in a specifi place within the facility?
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context-based
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purpose of entity authentication is to
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read predetermined criteria to determine if a user is who he or she claims
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what is the most common method for implementing entity authentication
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password systems
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what would be considered a two-factor authentication system
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user id with a password user id with voice scan password and swipe card
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what is the best option for password management
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system auto assigns password
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audit trail is good tool for
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holding an indiv employees accountable for actions reconstructing electronic events detecting a hacker recognizing when a system is having problems
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what is true about a firewall
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it is a system or combo of systems that supports an access control policyt between two netowrks the most common place to find a firewall is between the healthcare org internal network and the internet a firewall can limit internal users from accessing various portions of the internet
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what type of data encryption is primarily used in a wireless network environment
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wep
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what is the most common type of security threat to a health info system?
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internal to the org
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with whom may patients file a complaint if they suspect medical identity theft violations
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federal trade commission
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what requires financial institutions develop written medical identity theft programs
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fair and accurate credit transactions act
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role of the him prof isn medical identity theft protection programs includes all of the following
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ensure safeguards are in place to protect the privacy and security of phi balance patient privacy protection with disclosing medical identity theft to victims identify resources to assist patients who are victims of medical identity theft
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elements to include in a security system risk analysis program include all
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limiting access to the min necessary requiring user names and passwords installing protective hardward devices
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what is an example of two-factor authentication
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user name & password and token
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predetermined time for an automatic logoff from the system is mandated by
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facility policy
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capture of data by a hosp data security system that shows multiple invalid attempts to access the patients database is an example of
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audit trail
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what defines the study of encryption and decryption techniques
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cryptography
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common safeguards utilized to protect email communication include
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anti spam software email filtering encryption software
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key components to a contingency or disaster plan mandated by the hipaa security rule include
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data backup, data recovery and emergency mode of operations
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most important protection against loss of data is
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user compliance with policy and procedures
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when determing the appropriate password composition, the him prof should refer to
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organization policy
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what is an access contro lcommonly utilized by ce for compliance with hipaa security rule
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user based access passwords tokens
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mr smith was admitted to univ hosp by dr collins. mr smiths hosp bill will be paid by blue cross insur. upon discharge from the hosp, who owns the health record
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univer hosp
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all of the following are examples of unusual events that health care facilities typically must report
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falls resulting in fractures wrong site surgery medical errors
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what must ber reported to the medical examiner
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accidental deaths
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required reportable deaths often include all
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homicidal suicidal suspicious
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which generally describes a coroner and a medical examiner
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medical examiner is physician, coroner is appointed or elected and may or may not be physician
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employees in the hosp business office may have legitimate access to patient health info without patient auth based on what hipaa standard/principle
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minimum necessary
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release of info regarding reportable conditions under state laws and regulations must be included in the accounting of disclosures maintained by the facility
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true
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purpose of the immunization registry is to promote disease prevention and control
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true
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uniform health care decision act refers to
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selecting an indiv to make healthcare decisions for an incapacitated adult
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which actions are included about a physican in the npdb
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malpractice action disciplinary actions credentialing info from other facilities
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who must sign the death cert in most states
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physician
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what is a vital record
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birth marriage death
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birth cert must be filed for every live birth regardless of where it occured
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true
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baby of a mother who is 15 was recently discharged from hosp. the mother is seeking access to the babys record. who mush sign the auth for release of the babys record
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mother of baby
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under what conditions is the patients auth required for the use of disclosure of medical info
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when a patients life insur co requires info
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best response to complete the statement..natural parents of a child who has been adopted by adoptive parents..
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relinguish the right to inspect their childs health record once their parental rights have been terminated.
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mary jones has been declared legally incompetent by the court. mrs jones sister hsa been appointed her legal guardian. her sister is requesting a copy of mrs jones health records. whatis the best course of action
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comply with the sisters rquest but first request documentation from sister she is marys legal guardian
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what rights does a competent indiv have in regard to his healthcare
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right to consent to treatment right to refuse treatment right to access his own phi
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employer has contacted the him dept and requested health info on one of his employees. whatis the best course of action
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request the employees written auth prior to responding to the request
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mr smith was admitted to university hosp by dr collins. mr smiths hosp bill will be paid by clue cross insur. upon discharge from hosp who owns the health record
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univ hosp
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dr smith a member of the medical staff ass to see the records of his adult daughter who was hospitilized for a tonsillectomy at 16. the daughter os now 25. dr jones was the patients dr. what is the best course of action?
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inform dr smith that he cannot access his daughters record without her signed auth allowing him to
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securing the auth of the attending physician, in addition to the patients auth, for the release of med info to the patients insurance co is
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not legally required
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secretary in the nursing office was recently hospitalized with ketoacidosis. she comes to the him dept and requests to review her record. whatis the best course of action
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allow her to review her record after getting auth from her
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st joseph has apsychiatric service on the 6th floor. a 31 year old male has come to the him deptand requested to see a copy of his medical record. he indicated he was a patient of dr schmidt, a psychiatrist, and that he was on the 6th floor. these records a not psychotherapy notes. what is the best course of action
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allow the patient to access his record if, after contacting his dr, his dr does not feel it will be harmful to the patient
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competent adult may appoint another person to be is personal rep which givers that person the right to
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make healthcare desisions for the indiv request healthcare info related to the indiv receive info on the mental health of the indiv request info on the personal affairs of the indiv
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uniform health care decision act (UHCDA) refers to
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selecting an indiv to make healthcare deciision for a competent adult
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competent adult female has a diagnosis of ovarion cancer and while on the operating table sufferes from a stroke and is in a coma, her son wants to see her records from a clinic she recebtly visited for pain in her arm. the patient is married and lives with her husband and two grown children. according th UHCDA who is the logical person to request and sign an authorization to access her records from the clinic
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spouse
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minors a basically deemd legally imcompetent to access, use or disclose their health info. what resource should be cnsulted in therms of who may authorize access, use and disclose the records of minors
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state law since hipaa defers to state lws on matters related to minors
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in some states if an indiv has filed a workers comp claim, who may access the indiv health info w/o the indiv auth
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patients employer employers insurer employers lawyer employees attorney
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dr williams is on the med staff of sutter hosp and he has asked to see the health record of his wife whio was recently hospitalized. dr jones was the patients dr. what is the best course of action
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inform dr williams that he cant acces his wifes health info unless she authorizes access thru a written release of info
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in the situation of hehavioral healthcare info on a hc provider may disclose health info on a patient w/o the patients auth under what circumstances
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court order duty to warn involuntary commitment proceedings
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tarasoff v. the regents of the univ of ca is a landmark case related to the release of psychiatric patient info w/o patient auth. the healthcare provider must release such info based on what circumstances
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duty to warn
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substance abuse patient info is afforded fed protection thru hipaa and alcohol and drug abuse regulations. if a minor wishes to auth relese of his or her health info he may do so if
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state statute allows the minor to auth release state statue allows minor and parent to auth release
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ted and mary are the adoptive parents of susan a minor. what is the best way for them to obtain a copy of her operative report
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present an auth that at least tod or may has signed
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define a fetal death
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the death of a fetus of a weight and week gestation determined by state law
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purpose of the trauma registry is to
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reduced mortality and morbidity from injuries to determine where most accidents occur to develop remedial plans for traffic control
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who must sign a death cert in most states
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physician
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NPDB requires reporting of all of the following circumstances as related to a hc provider on staff at a hosp
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medical malpractice pymt settlement reports suspension of privileges
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what must be reported to the medical examiner
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accidental deaths
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medical device reporting is allowable w/o patient auth under hipaa for
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tracking product recalls conducting post marketing surveillance collecting or reporting of adverse events
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disclosure regarding reportable conditions under state laws and regulations
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must be included in the AOD maintained by the facility
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nofification of a designated organ procurement agency in a timely manner fter patient death is required by
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federal law
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what is true regarding the reporting of communicable diseases?
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reporting is required bc of the public health threat they present the usual reporting time is 24 hours the diseases to be reported are established by state law
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cancer registries are established
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voluntarily or by state law
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info collected in a cancer registryt typically include
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type of cancer stage of cancer patient demographic info
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disclosure of workers comp records is governed by
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state statutes
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required reportable deaths often include all of the following
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homicidal suicidal sudden
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reporting events for the conduct of public health surveillance is allowd under the doctrine of
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preemption
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registry is a collection of data on diseases which are collected for the purpose of
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health policy control prevention
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in all of the following scenerios a hc provider may disclose phi to public health entities w/o direction by specific law
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surveillance investigation intervention
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admission to emergency dept and dealth of 16 yr old from a gunshot must be reported bc
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dealth resulted from a criminal activity involving a gun death was a result of violence
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under the privacy rule, the following must be included in a patient accounting of disclosures
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state mandated report of a secually transmitted disease
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risk mgmt and quality improvement programs are rleated because of what reasons
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they share similar underlying processes
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systematic means of determining potential losses defins the process of
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risk identification
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sentinel event in a joint commission accredited facility is
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significant and should be investigated and evaluated every time it occurs
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what is enough info to be classified as a reviewable sentinel event according to tjc
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wrong leg amputated during surger
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purpose of root cause analysis (rca) is to
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understand the causes of a sentinel event
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IOM objectives for improvement include
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safety, timeliness, efficiency, effectiveness, equitable, patient centered care (STEEEP)
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EMTALA regulations include all..
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transfers of non stabilized patients must only occur under certain specific conditions ever patient arriving at the er must receive an appropriate medical screening exam if an emergency med condition exists, the hosp must treat and stabilize the emergency condition or transfer of patient
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what are examples of a private or govt group focused on quality
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institute for hc improvement commonweath fund leapfrog group
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an example of a documentation indicator in a health record, signaling a problem, would be
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a correction in a record is obliterated so only new info can be seen
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darling v. charleston community mem hosp is most often credited for
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eliminating the doctrine of charitable immunity
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quality improvement orgs (QIO) are responsible for all of the following
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improving quality of care for medicare beneficiaries protecting beneficiaries by adressing complaints ensuring that services paid for are mecially necessary
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risk analysis invilves the condiseration of
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quality thresholds
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after an adverse patient event, what shoud occur with regard to the health record
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the record itself should be secured
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TJCs safety goals include
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time outs prior to procedures use of a least two patient identifiers read back of verbal orders
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TJCs quality improvement activities for health record documentation include
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acute myocardial infarction pregnancy an related conditions heart failure
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american hosp assoc patient care partnership was orignially called the
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patient bill of rights
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npdb is assoc most closely with which hosp function
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credentialing
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american with disabilities act
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applies to impairments that substantially limit major life activities
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with regard to seclusion and restraint, fed law
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restrict their use
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what is a precursor to QIOs
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prof standards review org (PSRO)
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what is a precursor to QIOs
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peer review org
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what has initiatives in place to reduce medical errors and improve patient safety
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private orgs state govt fed govt
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pay for performance
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will encourage better health outcomes
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risk mgmt programs are more commonly governed by
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state law
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if an HIM dept acts in deliberate ignorance or in disregard to official coding guidelines, it may be committing
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fraud
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if an HIM dept receives gifts from vendors in exchange for purchasing a specific encoder software this is
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kickback
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exceptions to the fed anti-kickback statute that allows legitimate business arrangement and are not subject to presecution are
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safe harbors
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fed physician self referral statute is also know as the
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stark law
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OIG has specific compliance guidance for all of the following entities
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hosp home health agencies hospice
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examples of high risk billing practices which create compliance risks for hc orgs include
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altered claim forms duplicate billing unbundled procedures
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this law establishes criminal penalties for paying to induce business for which pymt from fed hc programs may be received
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fed anti-kickback statute
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states that insufficient or missing docs and what are responsible for 70% of bad claims sent to meicare
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failure to document medical necessity
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what activity is not one that should be audited and monitored in a compliance program
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referrals
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deficit reduction at of 06
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made compliance programs mandatory
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healthcare fraud is all of the following
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false representation of fact failure to disclose a material fact damage to another party that reasonably relied on misreprestation
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act is used to combat medicare fraud by penalizing those that submit incorrect info to the program
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false claims act
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corp compliance programs became common after adoption of what
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federal sentencing guidelines
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healthcare abuse relates to practices that my result it
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medically unnecessary services
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services that are statutorily non covered by medicare can be located on the
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medicare notice of exclusions from medicare benefits
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responsibility for the filing of accurate claims ultimately belongs to the
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provider
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healthcare fraud and abuse laws provide a whistleblower provision aka
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qui tam
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codiing and billing documentation must be based on the
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providers documentation
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unbundling refers to
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failure to use a comprehensive code to inapprpriately max reimbursement
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submission of incorrect medicare claims is due to
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lack of dr understanding of coding failure of hc facilites to invest time and resources in education to coding complexity and changing nature of medicare rules
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what fed law mandated the creation of recovery audit contractor services
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tax relief and health care act
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OIG has issued specific compliance guidance for the following entities
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hosp clinical labs home health agencies
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fraud enforcement and recovery act expands
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the govts investigative powers
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stark law
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prohibits physicians from ordering from entities that they have financial relationship
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what is an example of false claims
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altered claim forms duplicate billing unbundling
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systematic means of tedermining potential losses defins the process of
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risk identification
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which of the following gives enough info to be classified as a reviewable sentinel event, according to TJC
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wrong leg amputated during surgery
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EMTALA regulations include
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transfers of nonstabilized patients must only occur under specific conditions every patient arriving at the er must received an appropriate medical screening exam if an emergency med condition exists,the hosp must treat and stabilize the emergency condition or transfer the patient
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NPDB is associated most closely with which hosp function
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credentialing
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healthcare fraud and abuse laws exist at both fed and state levels
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true
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what has initiatives in place to reduce med errors and improve patient safety
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private org state gov fed gove
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HIM dept receives gifts from vendors in exchange for purchasing specific encoder software, this is
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kickback
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examples of high risk billig practices which create compliance risks for healthcare org include
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altered claim forms duplicate billings unbundled procedures
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healthcare frauds is all of
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false repesentation of fact
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failure to disclose material fact is
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damage to another party that reasonably relied on misrepresentation false representation of fact failure to disclose material fact
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sentinel even in a Joint commission accredited facility is
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signifacant and should be investigated and evaluated every time it occurs
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quality improvement org (QIO) are responsible for all...
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improving quality of care for medicare beneficiaries protecting beneficiaries by addressing complaints ensuring services paid for are medically necessary
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fed physician selfreferral statute is aka
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stark law
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responsibility for the filing of accurate claims ultimately belongs to
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provider
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american hosp assoc patient care partnership was orig called
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patient bill of rights
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example of a documentation red flag in a health record would be
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correction in the record is obliterated so that only newly added and correct info appears
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OIG states that insufficient or missing documentation and ___ are responsible for 70% of bad claims submitted to medicare
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failure to document medical necessity
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unbundling refers to
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failure to use a comprehensive code to inappropriately maximize reimbursement
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coding and billing documentation must be base on the
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provider documentation
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TJC safety goals include
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timeouts prior to procedures use of at least two patient identifiers read back of verbal orders
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HIM dept acts in deliberate ignorance or in desregard to official coding guidelines, it may be committing
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fraud
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