question

When does an executive order have the effect of law?

answer

After being published in the Federal Register, in the case of the federal system, or in a comparable publication on the state level.

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What is the function of the judicial branch of government?

answer

To interpret the law through adjudication and resolution of disputes.

question

Why should a health information manager possess a fundamental understanding of the law?

answer

Because the law is a major external force affecting the HIM professional's ability and responsibility to manage patient-specific health information. As the interplay between law and health care increases (e.g., new government regulations and increased lawsuits), the knowledge level of the HIM professional necessary to maintain confidentiality and security of patient-specific health information increases.

question

Does a single document or source of law exist where an individual can find all of the rules governing health information? Why or Why not?

answer

No. In the United States, laws are passed and regulations are promulgated at the federal, state, and local levels and are interpreted by courts at all levels, making it impossible for all law relating to health information to arise from a single source.

question

List the four elements of a contract.

answer

Meeting of the minds, Offer, Acceptance, and Consideration.

question

How does the content of state constitutions compare with the content of the U.S. Constitution?

answer

Typically, they contain similar language to the Federal Constitution. In addition, they may contain additional language that is unique to a given state, even granting broader rights to state citizens than the U.S. Constitution.

question

Statutes governing health information are found at what three levels?

answer

The levels are: Federal (U.S. Congress), state (individual legislatures), and local levels (city councils and boards of alderman).

question

Explain the concepts of stare decisis and res judicata.

answer

Stare decisis refers to reliance on the decisions rendered in prior cases (precedent) in future cases, regardless of the parties involved, in a lawsuit containing similar issues. Res judicata refers to only the application of precedent to the same parties and issues that may be found in different cases.

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Constitution

answer

Written or unwritten law of a nation or state

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Statutes

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Law written by federal or state and signed by the president or governor.

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Ordinance

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Law at the local level

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Words of authority

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Verbs that hold legal meaning

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Federal Register

answer

Rules and regulations that are being proposed

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Code of Federal Regulations

answer

Final rules and regulations that have the force of the law

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Conflict of law

answer

Inconsistency between different jurisdictions over the same legal action issue

question

The Legislative Branch has two houses: The Senate and The House of Representatives. Together these are called "Congress" at the federal level.

answer

TRUE

question

Conflicts between government and private parties represents private law.

answer

FALSE- Represents public law.

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Conflicts between private parties represents private law.

answer

TRUE

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Public law

answer

Defines appropriate behavior among citizens, organizations, and government.

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Tort law

answer

Rights between parties that are without a contract.

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Private law

answer

Also referred to as civil law because it is dealing with private rights.

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Contract law

answer

Agreement between two or more parties that makes them obligated to do something in exchange for some kind of consideration.

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Law

answer

Establishment of standards for human behavior well defined in a system of principles and processes.

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Criminal law

answer

Injurious conduct to the public.

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Procedural law

answer

Criminal law that defines the offense, liability, and punishment.

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Tort laws deal with disputes about rights and duties.

answer

TRUE

question

Deeming authority

answer

Compliance with standards of an appoint organization or agency that monitor the standards

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Common law

answer

Decision of the courts

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Res judicata

answer

Final judgment is rendered and conclusive of the right of the parties and bars further actions on the same claim

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Stare decisis

answer

Judicial decisions stand as precedent for future cases

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Separation of power

answer

Checks and balances

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Legally enforceable contracts can be either written or oral.

answer

TRUE

question

Felonies are crimes of a serious nature punishable by a term of imprisonment exceeding one year.

answer

TRUE

question

Public law categories include all of the below except

answer

Civil law- Civil law is private law, not public law.

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Select the sources from which laws originate.

answer

common law, administrative decisions and regulations, statute, constitution

question

Federal statutes focus on state interests.

answer

FALSE

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In civil law, the plaintiff is always the government.

answer

FALSE- The plaintiff is always the government in criminal law.

question

Private law is made up of contract law and tort law.

answer

TRUE

question

In a civil law case, the loser can be imprisoned.

answer

FALSE- In a civil law case, the loser cannot be imprisoned.

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Government agencies are assigned power by the Executive Branch.

answer

FALSE- Assigned power by the Legislative Branch.

question

Misdemeanors are crimes of a less serious nature.

answer

TRUE

question

The word "shall" is a word of authority.

answer

TRUE

question

Law sets up a system to set a society's standards for behavior and provide mechanisms to resolve conflicts and enforce behavior.

answer

TRUE

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Healthcare is regulated by both federal and state government.

answer

TRUE

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A breach is the fulfillment of a contract.

answer

FALSE- A breach is failure to fulfill a contract. Chapter PowerPoint.

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The U.S. Department of Health and Human Services is a regulator for Center for Medicare Services, Center for Disease Control, and Federal Drug Administration.

answer

TRUE

question

defamation, invasion of privacy, and negligence/medical malpractice are suits that occur under tort law regarding harmful conduct that cause harm.

answer

TRUE

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Executive

answer

Enforces and administers law

question

Enforces and administers law

answer

Enacts law

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Judicial

answer

Interprets law

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Government agencies can create rules and makes decisions about rule compliance failures.

answer

TRUE

Textbook- Legal and Ethical Aspects of Health Information Management- Ch 1 – Flashcards

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