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
Qui Tam actions are lawsuits brought by ______ on behalf of _______:
1. Private citizens; the U.S. government
2. Private citizens; corporations
3. Corporations; private citizens
4. The U.S. government; private citizens
5. None of the above
1. Private citizens; the U.S. government
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 are the four elements of negligence?
1. Duty, Breach, Economic Damages, Noneconomic Damages
2. Duty, Breach, Causation, Damages
3. Duty, Breach, Standard of Care, Damages
4. Standard of Care, Breach, Expert Testimony, Damages
5. Duty, Liability, Breach, Causation
2. Duty, Breach, Causation, Damages
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
Which of the following professions is NOT generally a part of the medical staff?
1. Chiropractors
2. Physicians
3. Podiatrists
4. Dentists
5. None of the above
1. Chiropractors
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
Hospitals and individuals found to be guilty of Medicare or Medicaid fraud may be subject to:
1. Criminal penalties of up to 10 years in prison
2. Civil penalties of $100,000 per fraudulent charge
3. Civil penalties of treble damages
4.Exclusion from participation in Medicare and Medicaid
5. All the above
5. All the above
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
What is required for a physician to practice medicine in a hospital?
1. Board Certification
2. Medical staff privileges
3. Employee contract
4. All of the above
2. Medical staff privileges
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 of Canterbury v. Spence, when obtaining an informed consent, it must always be in writing
1. True
2. False
2. False
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