This statute creates a duty to treat in emergency situations
What is EMTALA
100
What is "upcoding?"
When a physician files a reimbursement w/ medicare and claims to have done a more difficult, more severe, and or more costly procedure than he actually did.
100
What is Roemer's Law?
Supply induces demand.
100
This law carried the day in Hobby Lobby.
What is RFRA
100
What are the four elements of a med mal claim?
What is duty, breach, causation, and damages.
200
This statute protects patients' privacy rights.
What is HIPPA
200
What team will Paul Pogba play for in 2016?
What is Chelsea
200
Most (if not all) states will prosecute an in individual who practices medicine if she does two things.
What is 1) hold herself out to be a physician and (2) actually practices medicine. See State v. Miller.
200
These types of organizations look to emulate the successes of the Mayo clinic.
What are ACOs
200
This program involves doctors apologizing to patients after bad outcomes. Often, this apology will be followed by a small settlement offer by the doctor.
What is Sorry works
300
This case involved a psychotherapist who had a duty to breach confidentiality in order to protect a third party from serious harm.
What is Tarasoff
300
K law typically requires a specified price. Why are health care Ks sometimes exempt from this requirement?
Practicality. When a patient arrives at a hospital, the hospital cannot guess with any accuracy what the patient's stay will require. Therefore, the court allows a list of prices in the "chargemaster" to substitute. See Allen v. Clarian Health Partners.
300
The community benefit standard does not require a hospital to maintain a full-time ER. True/False?
True. RR-83-257 states that a hospital w/o an ER might still qualify if other conditions are met.
300
Shortly after Hobby Lobby, Wheaton College filed suit arguing that the requirement of filling out the form indicating its refusal to provide contraception was contrary to RFRA. Why did the court not buy this argument?
Wheaton college was not substantially burdened.
300
What are the two competing standards of care owed by doctors?
Custom and a Reasonable D in S or S C
400
True or false: under an informed consent claim, a patient can recover damages if the physician violated the applicable standard of care but no risk materialized.
False
400
True or False: In Lebron, the court struck down damage caps for compensatory and punitive damages. The court held the caps invalid as an encroachment on the judiciary's power.
False. The court struck down the compensatory cap for the reasons above, but the court allowed a punitive cap in a relatively unconvincing decision.
400
What are the 3 requirements for a ยง 1 Sherman action?
What is (1) concerted action, (2) restraint of trade, and (3) interstate commerce
400
Name three instances where insurers can risk rate under the ACA
Tobacco use; actuarial value (i.e., bronze plan, silver plan, gold plan, plat. plan); single v. family plans; age; geography.
400
What is the operative difference between captain of the ship and borrowed servant theories of vicarious liability?
Captain of the ship assumes the physician has exclusive control. Borrowed servant requires a showing of control by the doctor.
500
What did the HITECH Act of 2009 do?
It expanded HIPAA to reach "business associates."
500
What does the "Deemer" clause prohibit?
Regulation of self-funded ERISA plans.
500
This influential act exempts from antitrust law all conduct that is part of the business of insurance, regulated by state law, and is not in the form of a boycott, coercion, or intimidation.
What is the McCarran Ferguson Act.
500
What Constitutional amendment gave rise, in a roundabout way, to Halibig and King?
The 10th A. The fed gov't could not commandeer the states into creating Exchanges.
500
Managed care organizations can be held liable for actions of the actors within the organization if the MCO has what?
What is apparent authority (or, ostensible agency)