Civics
Finish the statement regarding the three branches of government – The ________ branch creates the laws, the _______________ branch enforces the laws, and the _____________________ interprets the laws.
i. Legislative branch, executive branch, judicial branch
ii. Executive branch, legislative branch, judicial branch
iii. Judicial branch, executive branch, legislative branch
iv. Judicial branch, legislative branch, executive branch
i. Legislative branch, executive branch, judicial branch
In the Deep Learning Category of AI, what type of “Networks” are involved?
i. CNBC Network,
ii. Neural Networks
iii. Home Shopping Network
ii. Neural Networks
False Claims Act – What document does CMS obtain from the provider that contains the data to support a false claim ……
i. A prescription,
ii. A Provider bill
iii. Phone records
ii. A Provider bill
What are the four most important anti-trust laws that apply to health care entities?
i. Sherman Anti-Trust Act § 1, Sherman Ant-Trust Act § 5, Clayton Anti-Trust § Act 7, Federal Trade Commission Act § 5
ii. United States Constitution, federal regulations, Florida Constitution, Florida administrative Code
iii. Sherman Anti-Trust Act § 1, Sherman Ant-Trust Act § 2, Clayton Anti-Trust § Act 7, Federal Trade Commission Act § 5
iv. Price fixing, boycotting, monopoly, and mergers and acquisitions
iii. Sherman Anti-Trust Act § 1, Sherman Ant-Trust Act § 2, Clayton Anti-Trust § Act 7, Federal Trade Commission Act § 5
Which statement is incorrect about Informed Consent?
i. It is a process that may involve multiple conversations with the patient
ii. The most important components of Informed Consent are: Risks, benefits, and alternatives
iii. Failure to provide Informed Consent can lead to different types of legal causes of action, including medical negligence, battery, disciplinary action by the Florida Board of medicine
iv. It is a one-time process that is provided by a RN or MD prior to a procedure or treatment.
iv. It is a one-time process that is provided by a RN or MD prior to a procedure or treatment.
What are the three types of governmental powers? (*Bonus – provide a power that falls under each type of governmental power)
i. Expressed, Implied, and assumed
ii. Federal powers, state powers, local powers
iii. Statute, administrative code, case law
iv. Enumerated, concurrent, and reserved
iv. Enumerated, concurrent, and reserved
What is the biggest challenge with making software programs generalizable to all practices across the country?
i. Lack of Standardized Definitions
ii. Lack of similar populations tested
iii. Bias
iv. All of the above
iv. All of the above
False Claims Act – How does the government find out about the majority of false claims that they pursue?
i. Police Investigation
ii. Whistle blower (Qui Tam)
ii. Whistle blower (Qui Tam)
There are two elements that must be met for there to be a Sherman Anti-Trust Act § 1 violation. There are:
i. 1) Meeting of the minds of two or more independent persons AND 2) agreement must restrain trade
ii. 1) Meeting of the minds of two or more independent persons OR 2) agreement must restrain trade
iii. 1) possession of monopoly power; AND 2) Willful acquisition of monopoly power
iv. 1) Possession of monopoly power; OR 2) Willful acquisition of monopoly power
i. 1) Meeting of the minds of two or more independent persons AND 2) agreement must restrain trade
What medical provider is responsible for providing the details of the Informed Consent?
i. Physician
ii. Nurse
iii. Nurse who has express delegated authority from physician
iv. Any medical provider as long as the attending gave express or implied authority to that medical provider to provide such Informed Consent
i. Physician
The vast majority of public health laws exist under which two powers?
i. Federal and state power
ii. Police power and parents patriae power
iii. Statutory law and judge made case law
iv. Centers for Medicare & Medicaid Services (CMS)
ii. Police power and parents patriae power
If an AI program that does not meet the definition of a “software” program, but meets the definition of a “device” is used in an office – what federal agency regulates this?
i. HHS
ii. OIG
iii. FDA
iii. FDA
Antikickback Law – What are the regulations that OIG developed to protect certain businesses and payment practices called?
i. Exceptions
ii. Safe Harbors
iii. Compliance Program
ii. Safe Harbors
Name the tests that are applied to determine whether there is a violation of Sherman Anti-Trust Act § 1
i. Rule of Reason, per se violation
ii. Knowing and willful, specific intent, reckless disregard
iii. Rule of Reason, Per Se Violation, quick look analysis
iv. Negligence, gross negligence, violation of standard of care
iii. Rule of Reason, Per Se Violation, quick look analysis
What is an example of a medical service that involves implied informed consent?
i. Pulmonology
ii. Emergency Medicine
iii. Anesthesiology
iv. Radiology
v. All of the above
vi. None of the above
v. All of the above
In federal court, what is the name of the trial court?
i. District court
ii. Circuit Court
iii. Supreme Court
iv. Low Court
i. District court
I am a Physician and instead of using my “Gut Intuition” to make clinical decisions, I want to use an AI tool. Which tool would be riskier from a medical malpractice perspective to rely on?
i. An Information support tool
ii. Clinical Decision making tool
ii. Clinical Decision making tool
Stark Law – If a physician has a financial relationship within an immediate family member involving a referral to a designated health service, how does the provider ensure that he/she stays out of trouble?
i. Run and Hide
ii. Change his Family Name
iii. Make sure the relationship falls under an Exception.
iii. Make sure the relationship falls under an Exception.
As discussed in the case California Dental Association vs. Federal Trade Commission, the FTC has authority over:
i. For-profit corporations
ii. Publicly-trade companies
iii. Both for-profit and not-for-profit corporations
iv. Not-for-profit corporations
iii. Both for-profit and not-for-profit corporations
Obtaining Informed Consent is a non-delegable duty that is NOT required by which of the following?
i. State
ii. federal law
iii. Reinforced by case law
iv. Good Samaritan Act
v. Hospital policy
iv. Good Samaritan Act
In the case Jacobson v. Massachusetts, the Court held that:
i. The law was a legitimate exercise of the state’s police power to protect the public health and safety or its citizens
ii. Local boards of health determined when mandatory vaccinations were needed, thus making the requirement neither unreasonable nor arbitrarily imposed
iii. Both i and ii
iv. None of the above
iii. Both i and ii
When evaluating how AI programs/Software were developed – what type of “Seal of approval” is it important that the developer follow?
i. Good Housekeeping Seal of Approval
ii. Good Machine Learning Practice
iii. Naturally Organic
ii. Good Machine Learning Practice
Stark Law – What type of proof does the government need to pursue a claim against a physician that does not fall into EXCEPTION?
i. Knowingly/ Reckless
ii. Head in the Sand/ Deliberate Ignorance
iii. None / Strict Liability
iii. None / Strict Liability
In the case In re: Michigan State Medical Society, which involved a series of competitors acting through a professional association to try to obtain better Medicaid reimbursement rates from Michigan BCBS and Michigan Medicaid, the court held that:
i. If doctors, in direct competition, conspire to use coercive ways to influence third-party reimbursement policies, such behavior will amount to an improper restraint of trade.
ii. A concerted refusal to deal may be characterized as an unlawful boycott where the target is a supplier of the combining parties participating in the boycott.
iii. Whether Defendant successfully manipulated the third-party insurers is not a relevant issue.
iv. Price fixing is usually analyzed as a per se violation.
v. All of the above
v. All of the above
Which of the following is not one of the legal benefits of Informed Consent?
i. Functions as a litigation tool
ii. Raises rebuttable presumption that consent was valid
iii. Burden is on plaintiff to prove consent wasn’t obtained rather than the defense having to prove it was
iv. Allows physician to engage in negligence as long as that potential injury is contained in the informed consent form
iv. Allows physician to engage in negligence as long as that potential injury is contained in the informed consent form