question

Name three ways that the Health information privacy protection has been established.

answer

Court decisions, State laws, Federal laws

question

Mary Smith has gone to her doctor to discuss her current medical condition, what is the legal term that best describes the type of communication that has occurred between Mary and her physician?

answer

Privileged communication

question

The legal term used to describe when a patient has the right to maintain control over certain personal information is referred to as:

answer

Privacy

question

What is the legal term used to define the protection of health information in a patient-provider relationship?

answer

Confidentiality

question

What is the legal term used to describe the physical and electronic protection of health information?

answer

Security

question

The \"custodian of health records\" refers to the individual within an organization who is responsible for:

answer

Authorized to certify records, supervise inspections and copying of records, and testifies to authenticity of records

question

Who owns the health record?

answer

Provider who generated the information

question

What is the term used most often to describe the individual within an organization who is responsible for protecting health information in conjunction with the court system?

answer

Custodian of Record

question

If a healthcare provider is accused of breaching the privacy and confidentiality of a patient what resource may a patient rely on to substantiate the providers responsibility for keeping health information private?

answer

Professional Code of Ethics

question

The concept of confidentiality applies to:

answer

All data and information systems, automated, paper, and verbal communications, clinical, financial, and business records

question

Law based upon judicial decision is called:

answer

Common law

question

The collection of federal statutes is found in a:

answer

Code

question

Which type of law involves the government as one of its parties?

answer

Public and criminal

question

A legislative act passed by Congress is an example of:

answer

Statutory and administrative law

question

In general, if a South Carolina law and a North Carolina law conflict, whose law is follwed?

answer

Each state follows its own law

question

Judicial decisions may be based on what type of actions\"

answer

Disputes between individuals and challenges to the contitutionality of a statute

question

If a lawsuit with the same fact pattern as a previous case is brought to the same court, the legal principle most likely to be follwed in determining this case is:

answer

Stare decisis

question

What is the name of the intermediate court in the tiered structure of the state court system in nearly every state?

answer

Appellate court

question

Appellate courts draft:

answer

Opinions

question

In the United States, both the Federal and the State court systems use the _______-tier approach.

answer

three

question

Statutory law derives from which branch of government?

answer

Legislative

question

Regulations written by a state department of health or the U.S. Department of Health and Human Services are examples of:

answer

Administrative law

question

Of the following,CMS, NIH, IHS, and HHS, which occupies the highest hierarchial position?

answer

HHS

question

The collection of federal statutory law is:

answer

United States Code

question

Diversity jurisdiction refers to the ability to bring legal action in a:

answer

Federal district court

question

Appellate courts are called _____ in the federal court system.

answer

Circuit courts

question

When a dispute is submitted to a disinterested third party and the third party settles the case, this is called:

answer

Arbitration

question

A lawsuit has been filed by John Collins, a resident of VA, against a hospital in PA alleging the wrongful disclosure of a patients confidential information. This lawsuit could be filed in what type of court?

answer

Federal district court

question

One or more advantages of arbitration over utilizing the court system to resolve a dispute is/are:

answer

Time saving, cost saving, and increased privacy

question

Which laws are synonymous terms for court decisions?

answer

Case law, common law, and judicial law

question

This type of law consists of rules and regulations issued by agencies that implement statutory law.

answer

Administrative law

question

A principle of law that serves as a guide in similar subsequent cases is called:

answer

Precedent

question

Alternate dispute resolution is an acceptable option to resolving cases via the court system for what type cases?

answer

Civial and criminal cases

question

Compensatory damages

answer

damages in which the plaintiff is compensated for losses incurred; actual damages

question

Contributory negligence

answer

an individual's conduct contributed in part to the injury that the individual suffered

question

Corporate negligence

answer

a doctrine under which hospitals may be held liable in their own right

question

Damages

answer

monetary compensation awarded by a court to an individual injured in a civil action through the wrongful act of another party

question

Intentional torts

answer

torts that involve a deliberate or intentional act

question

Joint and several liability

answer

a principle that allows each defendant in a legal action to be held responsible for the entire amount of damages that a plaintiff is awarded, regardless of the defendant's degree of fault

question

Misfeasance

answer

relating to negligence or improper performance during an otherwise correct act

question

Noneconomic damages

answer

damages that are not monetary in nature; an issue targeted by tort reforms

question

Punitive damages

answer

damages that exceed compensatory damages and serve to punish the defendant(s)

question

Res ipsa loquitur

answer

Latin for \"the thing that speaks for itself\"; an exception to the plaintiff having the burden of proof in which the facts or circumstances accompanying an injury may raise a presumption, or at least permit an interference, of negligence on the part of the defendant or some other individual who is charged with negligence and the burden of proof is shifted to the defendant

question

Respondeat superior

answer

Latin for \"let the master answer\"; the doctrine under which a hospital holds itself responsible for the actions of its employees provided those individuals were acting within the scope of their employment or at the hospital's direction at the time of the activity in question.

question

Tort

answer

a civil wrong for which the law provides a remedy in the form of a lawsuit to recover damages

question

Tort law

answer

law that involves the right of an individual, corporation, or other legal entity to recover damages for a loss caused by the defendant (tortfeasor or wrongdoer)

question

Tort reform

answer

the variety of measures intended by legislatures to overhaul the justice system; with regard to medical malpractice, such reforms are intended to diminish the number of lawsuits and large jury verdicts, stabilize the market, and ultimately reduce premiums for physicians

question

Admissibility

answer

evidence that is allowed to be admitted in a court of law

question

Authenticated evidence

answer

evidence that appears to be relevant and has been shown to have a baseline authenticity or trustworthiness

question

Circumstantial evidence

answer

evidence that is not directly from an eyewitness or participant and requires some reasoning to prove a fact

question

Demonstrative evidence

answer

actual objects, pictures, models, and other devices that are supposedly intended to clarify the facts for the judge and jury

question

Direct evidence

answer

\"real, tangible or clear evidence of a fact, happening or thing that requires no thinking or consideration to prove its existence\" (ALM Media Properties 2012)

question

Discoverability

answer

limitations on the ability of parties to discover pretrial information held by another party

question

e-Discovery

answer

pretrial legal process used to describe the methods by which parties will obtain and vie electronically stored information

question

Hearsay

answer

a written or oral statement made outside of court that is offered in court as evidence

question

Legal hold

answer

a court order that suspends the processing or destruction of paper or electronic records; also known as a preservation order, preservation notice, or litigation hold.

question

Spoliation

answer

intentional destruction, mutilation, alteration, or concealment of information relevant to a legal proceeding

question

Admissibility

answer

Evidence that is allowed to be admitted in a court of law

question

Burden of Proof

answer

The task of sufficiently proving or establishing the requisite degree of belief for each element of a case; usually belongs to a plaintiff

question

Compensatory Damages

answer

Damages in which the plaintiff is compensated for losses incurred; actual damages

question

Complaint

answer

The document that is filed with a court in order to commence a lawsuit

question

Court order

answer

A document issued by a judge that compels certain actions, such as testimony or the production of documents such as health records

question

Defendant

answer

The individual or organization that is the object of the lawsuit, and against whom a lawsuit is brought; wrongdoer

question

Discoverability

answer

Limitations on the ability of parties to discover pretrial information held by another party

question

Interrogatories

answer

Discovery devices consisting of written questions given to a party, witness, or other person who has information needed in a legal case

question

Jury

answer

The fact-finding body that hears evidence given by the parties, if they testify, and other witnesses; observes presented by both sides; hears the opening statements and closing arguments of each side; and decides facts based on the perceived credibility of the evidence, but does not decide law

question

Lay witness

answer

An individual's testifying based on his or her own observations of the situation(s) that prompted the case at hand

question

Plaintiff

answer

The individual who initiates a lawsuit to enforce either his or her rights or another's obligations

question

Procedural law

answer

The court's rules that guide a lawsuit from the time it begins through completion, whether it culminates in a trial or ends with a settlement or dismissal

question

Respondent

answer

The party against whom a petition is filed on appeal

question

Trial

answer

The stage in a lawsuit after the pretrial phase if the parties do not negotiate a settlement and the case is not dismissed

question

Voir dire

answer

The process through which a jury is selected

question

A jury does not

answer

make determination of the law

question

a defendant does not pay the damages awarded against her in a lawsuit. The court may order the seizure of a portion of her monthly wages to satisfy the judment in an action called

answer

garnishment

question

An environmental service employee of the hospital is called to the vascular surgeon floor to clean the floor where a bag of Potassium chloride was spilled. After cleaning the floor, the employee failed to place any signs advising others of a wet floor. Mrs. Jones, a hospital employee fell on the floor and injured her back. She incurred medical expenses of $560.00 and loss wages in the amt of $1000.00. She brought suit and the jury awarded her $1560.00, representing reimbursement of the medical expenses and lost wages, plus $10k for the jurors; perceived recklessness on the part of the hospital. What is the $10k amt considered?

answer

punitive damages

question

a state appellete court will hear a case dealing with an injury to a patient if the atty appealing the case can prove

answer

an error of law occurred

question

Mr. Green owon a 500K lawsuit against Dr. Blue. Dr. Blue has appealed. Upon appeal, Mr. Green is referred to as

answer

respondent

question

mr. Green owon a 500K lawsuit against Dr. Blue. Dr. Blue has appealed. Upon appeal, Dr. Blue is referred to as

answer

petitioner

question

Dr. Robert is being sued for negligence by one of his patients. Dr. roberts decides to represent himself as his own atty. Dr Roberts is

answer

acting pro se

question

the best evidence rule

answer

permits copies to be substituted in certain circumstances

question

the following type of damages has been the primary target of the tor reform legislation

answer

non economic compensatory damages

question

Gloria Kramer files a medical malpractive lawsuit against Dr. Johnson, alleging that he is committed negligence in the treatment of her diabetes. Ms. Kramer's atty insists that Dr. Johnson cannot speak about any of her medical diagnoses because of patient physician priveldge. ms. Kramer's atty

answer

is incorrect because she placed her medical condition at issue

question

From the evidentiary standpoint, indicent reports

answer

should not be placed in the patient's medical record

question

During a trial to deteremine whether Dr. Smith was liable for medical malpractice, Dr. Smith testified in his own defense. Legally, Dr. smith's testimony was

answer

direct evidence

question

relevant evidence

answer

tends to make exixtense of a fact more or less probable

question

a hospital employee destroyed medical records so that it contents- which would be damaging to the employee- could not be used at a trial. In legal terms, the employee's action constitutes

answer

spoiliation

question

Patient- provider priviledge is defined by

answer

state law

question

Describe all the players in a lawsuit

answer

judge- decision maker

question

plaintiff and defendent

answer

- parties in lawsuit

question

jury-

answer

group of people that decide verdict

question

benchtrial-

answer

decision made without a jury trial, judge decides

question

bailiff-

answer

keeps order in the court

question

court reporter-

answer

records the communication

question

attorney-

answer

knows and speaks the law on behalf of plaintiff or defendent

question

Explain the differenfce between discoverablity and admissibility

answer

discoverability is evidence that cant be necessarily used in a trial

question

admissibility-

answer

evidence that can be used in a trial, the judge feels it is acceptable

question

Distinguish differences between noneconmonic compensatory damages and punitive damages

answer

noneconomic compensatory damages do not have a monetary value

question

punitive damages

answer

go above and beyond the damages, it is there to punish the defendent for their wrong doing

question

Who has the legal right to refuse treatment?

answer

Juanita, who is 98 yrs old and of sound mind, Linda, who is 35 incompetent, and created a Living Will prior to becoming incompetent stating that she did not wish to be kept alive artificial mean.

question

Janice arrives at her physician's office for her 10:30 scheduled appointment and pays her office visit co-payment. Her physician examines her. Based on these facts, Janice's consent is

answer

implied

question

Mary is contemplating triple bypass surgery. Informed consent by her surgeon would typically contain which of the following

answer

Purpose of proposed procedure, risks assocated wth the procedure, non invasive treatment alternatives

question

Mary Little is 95 yrs old, While an inpatient at Gen. Hospital, she agrees that she doesnt want to be resuscitated if she would have a cardiopulmonary arrest. She sings a form and the physician documents it in the record. This best describes a

answer

DNR order

question

An advance directive is used to direct an individual's healthcare wishes in the event of

answer

Patient incapacitation

question

When a competent adult refuses treatment, a court may be required to balance the individual's privacy interests against

answer

The governments interest in protecting human life

question

carrying out the wishes stated in a living will applies to whch of the following patient's who is incompetent due to illness?

answer

a 40yr old man who was born with severe mental retardation

question

Emergences are an exception to the consent requirement for

answer

both adults and minors

question

The Uniform Health-Care Decisions Act ranks the next of Kin n the following order for medical decision making purposes

answer

spouse; adult child; parent ; adult sibling

question

Johnny is 12, his parents are divorced. In order for Johnny to receive medical treatment, generally

answer

one parent must consent

question

Mrs. Baker, who is a competent adult, has consulted her phys. For chronc URQ pain. Her phys. Recommends an elective cholestcystectomy. In this case, who must consent to the operative procedure?

answer

Mrs. Baker

question

the medical staff at Regency health is nationally revowned for its skill in performing cardac procedures. The nursing staff in the cardiac unit has noticed a signifcant lack of informed consents prior to performance procedures. Obtaining informed consent is the responsiblity of the

answer

Physician

question

Consent forms that allow for the performance of routine services by healthcare providers are

answer

general consents

question

in the Cruzan case, the court held that a person cannot assume end of life decisions on behalf of an incompetent person without _______ evidence that the person would refuse the continuation of life sustaining treatment.

answer

clear and convincing

question

What is the primary purpose of patient health information?

answer

patient care

question

Who is responsible for ensuring the quality of health record documentation?

answer

provider

question

Which of the following statements about the \"legal health record\" or the \"designated record set\" is incorrect?

answer

designated record set is determined by the medical staff

question

Of the following, which is the most likely to happen to the the health records of a phys. Patient when a phys. Leaves an office practice?

answer

retained by the practice

question

Once a paper health record has been converted onto microfilm, the info cannot be used as evidence. T/F

answer

False

question

The legal health record

answer

will be disclosed upon request

question

The legal health record must meet requirements as defined by the following

answer

federal regulations, state laws, accreditation body standards

question

Verbal Orders by telephone or in person are discouraged. In cases where verbal orders are necessary, which of the following is the most effective method by which the risk of miscommunication can be lessened?

answer

person receiving the order should read iit back to insure that the order is correct

question

Which of the following exemplifes an acceptable patient record entry?

answer

patient articulated pain level as a 6

question

Staff disagreements within the health record should be

answer

avoided

question

Mrs. Bolton is an angry patient who resents her phys. \"bossing her around\" refuese to take a portion of the medications that the nurses brng to her pursuant ot phys. Orders., and is verybally abusive to the patient care assistants. Of the following options, the most appropriate way ot document Mrs.Bolton;'s behavior in the medical record is

answer

non compliant and hostile toward staff

question

legally, whch of the following is the most important in determining the length of time that a hospital must retain medical records?

answer

statute of limitations

question

Integrity refers to the

answer

accuracy and completeness of information

question

A goal of E_SIGN legislation was to

answer

give electronic signatures in all business meetings

question

Auto Authentication

answer

contradicts basic authentication standards

question

Authentication methods include

answer

handwritten signature, rubber signature stamp, electronic signature

question

Changes to health record entries

answer

are acceptable in certain circumstances

question

Printing paper Documents from an HER systems

answer

creates legal challenges as to which document is the source of truth

question

Which of the following personnel should be authorizes, per hospital policy, to take a physician's verbal order for the administration of medication?

answer

nurse working on the unit where the patient is located

question

A late entry into the health record should

answer

be identified as a late entry

question

Abbreviations in the health record

answer

should have only one meaning

question

The integrity of E H R documentation is more susceptible than the paper health record to which of the following functions?

answer

cut and paste

question

Record maintenance and contect requirements are established in part by

answer

dept of health and human services, joint commission, centers for medicare and medicaid services

question

Dr. Harvey has changed a piece of data in a patient record. The info that tracks this change and enables a jury to see this change in a medical malpractice action is called

answer

metadata

question

Of the following, who has ultimate legal responsibility for the quality of care rendered in a healthcare organization?

answer

governing body

question

Although HIPAA is not the first piece of federal privacy legislation, it is more expansive than the Privacy Act of 1974, which applied privacy rules

answer

Federal agencies

question

The HIPAA privacy rule

answer

is federal common law

question

St. Joseph's Hospital has a psychiactric service on the sixth floor of the hospital. A 31 yr old male has come inot the HIM dept. and requested to see a copy of his medical record. He has told your clerk he was a patient of Dr. Schmidt, a psychiatrist, ans was on the sixth floor of St. Joseph's for th last two mths, These records are not psychotherapy notes. The best course of action for you to take , as the HIM director, is

answer

allow the patient to access his record if, after contacting the physician, his physician doesnt feel that it is harmful to the patient

question

Medical information loses PHI status and is no longer protected by the HIPAA privacy rule

answer

is de identified

question

Linda Wallace is being admitted to the hospital. She is presented with a \"Notice of Privacy Practices\" In the Notice, it is explained to her that PHI will be used and disclosed for treatment, paymt, and operations (TPO) puposes. Linda states that she doesnt want her PHI used for that purpose

answer

the hospital is not required to honor her wishes in this situation, as the notice of privacy practices is info only and the hospital must try to get written acknowledgement from Linda that she was presented with a copy of the notice of privacy practices

question

Today, Janet Kim, visited her new dentist for an appt. She was not presented with a notice of privacy practices. Is this acceptable?

answer

no, it is a violation of the HIPAA privacy rule

question

The HIPAA privacy rule

answer

both a nd b or incorrect. it doesn't apply to meidicare patients and doesnt only apply to govt operated healthcare facilities

question

The HiPAA recognized consent is a patient's agreement to

answer

use or disclosure for TPO purposes

question

An original goal of HIPAA Administrative Simplification was to standardize

answer

the electronic transmission of health data

question

The Kids' Foundation, a foundation related to Children's Hospital. Is mailing fundraising info to the familes of all patients who have been treated at Children's hospital in the last three years. Based on the facts given

answer

children hospital must have notified the patients/ patients' guardians of this disclosure in the notice of privacy practices

question

Champion Hospital retains Hall, Hall and Hall, a law firm, to perform all of its legal work, including representation during medical malpractice lawsuits. Which of the follwing statements are correct?

answer

the law firm is a business assoc. because it performs activities on behalf of the hospital and it uses or discloses individually identifiable information

question

You are a member of the hospital's health information management committee. The committee has created a HIPPA complaint Authorization Form. Which of the following items does the Privacy rules not require

answer

signature of the patient's attending physician

question

Which of the following is not an element that makes info \"PHI\" under the HIPAA Privacy rule

answer

contained within the personnel file

question

One of the medical staff committees at st vincent hospital is responsible for reviewing cases of patients readmitted within 14 days after discharge. This review of patients' medical records is

answer

treatment

question

Susan is completing her required high school community service hours by serving as a volunteer at the local hospital. Relative to the hospital, she is a

answer

business associate

question

Lane hospital has a contract with Ready Clean, a local company, to come into the hospital to pick up all of the facility's linens for offsite laundering ready clean is

answer

not a business associate because it doesnt use or disclose individually identifiable information

question

Jeremy Lykins was required to undergo a physical exam prior to becoming employed by San Fernando Hospital. Jeremy's medical information is

answer

protected by the privacy rule beaucese it is individiually identifiable

question

The designated health record set

answer

includes medical and billing records

question

The HIPAA Security rules is one of the two main parts of the Health Ins. Portability of 1996. T/F

answer

True

question

Public Interest and benefit uses and disclosures under the privacy rule

answer

sometimes requires the patient's agreement or authorization

question

One of the medical staff committees at st vincent hospital is responsible for reviewing cases of patients readmitted within 14 days after discharge. One of the four general requirements a CE must adhere to in order to be in compliance with the HIPAA security rule includes the following

answer

ensure the confidentiality, integrity and availablity of the ePHI

question

What is the primary distinctinos between the HIPAA Security Rule and the HIPAA Privacy Rule\"?

answer

both a and b the privacy rule applies ot all forms of patient's PHI, whether electronic, written, or oral. in contract, the Security rule covers only PHI that is in electronic format. and the security rule provides far more comprehensive security requirements than the privacy rule and includes a level of detail not provided in the privacy rule

question

The HIPAA Security Rules applies to which of the following covered entities?

answer

All of the above: hospital that bills medicare, physician electronic billing company, blue cross health insurance plan

question

Addressable implementation specifications in the Security Rules standards are optional: therefore, the CE does not have to show that the standard has been met. T/F

answer

False

question

The HIPAA Security Awareness and Training administrative safeguards requires all fo the following addressable implementation programs but one for an entity's workforce

answer

disaster recovery plan

question

Which of the following statements is false about the Security Officer?

answer

security officer is a required full time position under HIPAA security rule

question

Noncompliance with the HIPAA Security Rule can lead to

answer

neither A nor B. it can not lead to civil penalties up to $25,000 per person per yr or Criminal penalties up to $250,000 and 10 yrs in prison

question

The director of the Health Information 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?

answer

user based

question

An individual designated as an inpatient coder may have access to an electronic medical record in order to code the record. Under what access security mechanism is the coder allowed access to the system?

answer

role based

question

Although HIPAA is not the first piece of federal privacy legislation, it is more expansive than the Privacy Act of 1974, which applied privacy rules

answer

Federal agencies

question

The HIPAA privacy rule

answer

is federal common law

question

St. Joseph's Hospital has a psychiactric service on the sixth floor of the hospital. A 31 yr old male has come inot the HIM dept. and requested to see a copy of his medical record. He has told your clerk he was a patient of Dr. Schmidt, a psychiatrist, ans was on the sixth floor of St. Joseph's for th last two mths, These records are not psychotherapy notes. The best course of action for you to take , as the HIM director, is

answer

allow the patient to access his record if, after contacting the physician, his physician doesnt feel that it is harmful to the patient

question

Medical information loses PHI status and is no longer protected by the HIPAA privacy rule

answer

is de identified

question

Linda Wallace is being admitted to the hospital. She is presented with a \"Notice of Privacy Practices\" In the Notice, it is explained to her that PHI will be used and disclosed for treatment, paymt, and operations (TPO) puposes. Linda states that she doesnt want her PHI used for that purpose

answer

the hospital is not required to honor her wishes in this situation, as the notice of privacy practices is info only and the hospital must try to get written acknowledgement from Linda that she was presented with a copy of the notice of privacy practices

question

Today, Janet Kim, visited her new dentist for an appt. She was not presented with a notice of privacy practices. Is this acceptable?

answer

no, it is a violation of the HIPAA privacy rule

question

The HIPAA privacy rule

answer

both a nd b or incorrect. it doesn't apply to meidicare patients and doesnt only apply to govt operated healthcare facilities

question

The HiPAA recognized consent is a patient's agreement to

answer

use or disclosure for TPO purposes

question

An original goal of HIPAA Administrative Simplification was to standardize

answer

the electronic transmission of health data

question

The Kids' Foundation, a foundation related to Children's Hospital. Is mailing fundraising info to the familes of all patients who have been treated at Children's hospital in the last three years. Based on the facts given

answer

children hospital must have notified the patients/ patients' guardians of this disclosure in the notice of privacy practices

question

Champion Hospital retains Hall, Hall and Hall, a law firm, to perform all of its legal work, including representation during medical malpractice lawsuits. Which of the follwing statements are correct?

answer

the law firm is a business assoc. because it performs activities on behalf of the hospital and it uses or discloses individually identifiable information

question

You are a member of the hospital's health information management committee. The committee has created a HIPPA complaint Authorization Form. Which of the following items does the Privacy rules not require

answer

signature of the patient's attending physician

question

Which of the following is not an element that makes info \"PHI\" under the HIPAA Privacy rule

answer

contained within the personnel file

question

One of the medical staff committees at st vincent hospital is responsible for reviewing cases of patients readmitted within 14 days after discharge. This review of patients' medical records is

answer

treatment

question

Susan is completing her required high school community service hours by serving as a volunteer at the local hospital. Relative to the hospital, she is a

answer

business associate

question

Lane hospital has a contract with Ready Clean, a local company, to come into the hospital to pick up all of the facility's linens for offsite laundering ready clean is

answer

not a business associate because it doesnt use or disclose individually identifiable information

question

Jeremy Lykins was required to undergo a physical exam prior to becoming employed by San Fernando Hospital. Jeremy's medical information is

answer

protected by the privacy rule beaucese it is individiually identifiable

question

The designated health record set

answer

includes medical and billing records

question

The HIPAA Security rules is one of the two main parts of the Health Ins. Portability of 1996. T/F

answer

True

question

Public Interest and benefit uses and disclosures under the privacy rule

answer

sometimes requires the patient's agreement or authorization

question

One of the medical staff committees at st vincent hospital is responsible for reviewing cases of patients readmitted within 14 days after discharge. One of the four general requirements a CE must adhere to in order to be in compliance with the HIPAA security rule includes the following

answer

ensure the confidentiality, integrity and availablity of the ePHI

question

What is the primary distinctinos between the HIPAA Security Rule and the HIPAA Privacy Rule\"?

answer

both a and b the privacy rule applies ot all forms of patient's PHI, whether electronic, written, or oral. in contract, the Security rule covers only PHI that is in electronic format. and the security rule provides far more comprehensive security requirements than the privacy rule and includes a level of detail not provided in the privacy rule

question

The HIPAA Security Rules applies to which of the following covered entities?

answer

All of the above: hospital that bills medicare, physician electronic billing company, blue cross health insurance plan

question

Addressable implementation specifications in the Security Rules standards are optional: therefore, the CE does not have to show that the standard has been met. T/F

answer

False

question

The HIPAA Security Awareness and Training administrative safeguards requires all fo the following addressable implementation programs but one for an entity's workforce

answer

disaster recovery plan

question

Which of the following statements is false about the Security Officer?

answer

security officer is a required full time position under HIPAA security rule

question

Noncompliance with the HIPAA Security Rule can lead to

answer

neither A nor B. it can not lead to civil penalties up to $25,000 per person per yr or Criminal penalties up to $250,000 and 10 yrs in prison

question

The director of the Health Information 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?

answer

user based

question

An individual designated as an inpatient coder may have access to an electronic medical record in order to code the record. Under what access security mechanism is the coder allowed access to the system?

answer

role based

question

advance directive

answer

a legal document that specifies an individual's healthcare wishes in the event that he or she has a temp. or permanent loss of competence

question

consent

answer

a patient's acknowledgement that he or she understands a proposed intervention, including that intervention's risks; benefits, and alternatives. 2. a patient's agreement that protected health information can be disclosed; the document that provides a record of the patient's consent.

question

durable power of attorney (DPOA)

answer

a power of attorney that remains in effect even after the principal is incapacitated; can be drafted to take effect only when the principal becomes incapacitated

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Durable power of attorney for healthcare decisions (DPOA-HCD)

answer

a legal instrument through which a principal appoints an agent to make healthcare decisions on the principal;s behalf in the event the principal becomes incapacitated

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express consent

answer

consent that is communicated through words, regardless of whether those words are written or spoken

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general consent

answer

a form that covers routine diagnostic procedures and medical treatment by a hospital staff as well as other activites such as release of info for treatment purposes and disposal of human tissue and body fluids

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good samaritan law

answer

state law or statute that protects healthcare providers from liablity for not obtaining informed consent before rendering care to adults or minors at the scene of an emergency or accident

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implied consent

answer

consent for medical treatment that is communicated through a person's conduct or some other means besides words

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informed consent

answer

a type of consent in which the patient should have a basic understanding of which medical procedures or tests may be performed as well

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living will

answer

a document executed by a competent adult that express that individual's wishes to limit treatment measures when specific health related diagnoses or conditions exist

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power of attorney (POA)

answer

a legal instrument used by a principal (person) to grant legal authority to one or more agents to make certain legal and financial decisions on behalf of the principal

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therapeutic priviledge

answer

a doctrine that has historically allowed physicians to withhold information information from patients in limited circumstances..

question

uniform heatlh care decisions act (UHCDA)

answer

a model law created in 1993 that provides that an individual may give an oral or written instruction to a healthcare provider that remains in force even after the individual loses capacity, and suggest decision making priority for that individual's surrogates.

question

authentication

answer

verification of records validation therefore it is reliable and truthfulness as evidence;also a security mechanism to validate the identity of a user in an electronic format

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authenticity

answer

the genuineness of a record, that is what it purports to be; information is authentic if proved to be mmune from tamperng and corruption

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completeness

answer

an element of a legally defensible record; the health record is not complete until all parts are assembled and the appropriate documents are authenticated according to medical staff bylaws

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designated record set (DRS)

answer

a group of records maintained by or for a covered entity encompassing medical records and billing records about individuals and enrollment, payment, claims adjudication, and case or medcial management record systems maintained by or for a health plan used, in whole or in part , by or for the covered entity to make decisions about individuals

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legal health record (LHR)

answer

the form of a health record that is the legal business record of the organization and serves as evidence in lawsuits or other legal actions; what constitutes an organizations legal health record varies depending on how the organization defines it

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master patient index (MPI)

answer

a patient identifying directory that serves as a link to the patient record or information, facilitates patient identification, and assists in maintaining a longitudinal patient record from birth to death

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retention

answer

a mechanism for storing records, providing for timely retrieval, and establishing the length of time that various types of records will be retained by the healthcare organization

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statutes of limitations

answer

a statutory enactment that places time limits on certain items

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uniform electronic transactions Act

answer

federal statute that makes electronic transactions as enforceable as paper transactions, removing barriers to electronic commerce and increasing trust associated with electronioc business transactions

question

affiliated covered entities

answer

legally separate covered entities, affliated by common ownership or control; for purpose of the Privacy Rule, these legally separate entities may refer to themselves as a single covered entity

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covered entities

answer

persons or organizations that must comply ith the HIPPA Privacy and security rules; include healthcare providers, health plans, and healthcare clearinghouses

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deidentified information

answer

information from which personal characteristics have been stripped and that, as a result, neither identifies or nor provides a reasonable basis to believe it could identify an individual.

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health information technology for economic and clinical health act (HITECH)

answer

federal legislation that was passed as a portion of the Amercan Recovery and Reinvestment act; contains changes to the HIPAA Privacy rule

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notice of practices

answer

A statement issued by a healthcare organization that informs individuals of the uses and disclosures of patient's identifiable health information that may be made by the organization, as well as the individual's rights and the organization's legal duties with respect to that information

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privacy act of 1974

answer

a law that requires federal agencies to safeguard personally identifiable records and provides individuals wth certain privacy rights

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protected health information

answer

a term defined n the HIPPA privacy Rule as \"individual identfiable health information that is transmitted by electronic media, maintained in electronic medium, or transmtted or maintained in any other form or medium

question

encryption

answer

a technique used to ensure that data transferred from on location on a network to another are secure from eavesdropping or interception

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security officer or chief security officer

answer

an individual responsible for overseeing privacy policies and procedures

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technical safeguards

answer

security measures that are based on technology rather than on adminstration or physical security, including access control, unique user identification, automatic logoff, and encryption and decryption

question

business record

answer

a record that is made and kept in the usual course of business, at or near of the event recorded

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