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Exam 15: Privacy and Health Law

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Question 31

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When a health care provider divulges confidential information from a patient's record to an improper recipient without the patient's permission, a breach of confidentiality and breach of duty has occurred.

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Question 32

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The principle of stare decisis is used in a judicial decision when

A) Children are involved.
B) Societal values have changed.
C) Statutory law applies to the situation.
D) The facts of the case are similar to a case that has been decided previously.

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Question 33

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All authorizations to release alcohol-related treatment information must include the purpose of the disclosure.

Which of the following could be categorized as a health care operations use of the medical record for which authorization by the patient is generally not required?

In a given situation, it is determined that the Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulations preempted another law. This means that the law that applies to the situation is

When an adult patient is temporarily incapacitated (e.g., unconscious or extremely intoxicated), the family can have complete access to the patient's health record.

Once a paper-based health record has been converted onto microfilm, optical disk, or computerized storage, the information cannot be used as evidence.

A breach of contractual duty may possibly occur when a physician discloses health information to a close long-time friend of a patient without the patient's authorization.

A business associate of a health care provider is a

In setting facility policies for patient access to their health information, name the two most important sources of law that the health information management (HIM) professional should consult.

Referring to the scenario below, would you agree that the defendant is more likely to win this case because the doctrine of res ipsa loquitur probably does NOT apply here? Assume that at a medical malpractice trial alleging postoperative infection, exactly 50% of the evidence favors the plaintiff, and 50% of the evidence favors the defendant physician and hospital. Among the defendant's evidence is some indication that the patient did not comply with postoperative care instructions, including taking antibiotics to fight infection.

A patient is claiming negligence for a fall in the hospital that resulted in a fracture of the elbow. It is not likely this patient can claim negligence unless there was evidence that the provider breached a duty.

By use of incident reports, nursing staff repeatedly report a physician for yelling at patients and their families. This action by the nurses may be grounds for the physician to claim that his good name is damaged or defamed.

Which of the following is never considered confidential?

Certain protected health information can be disclosed to law enforcement personnel without the patient's authorization. Which of the following can be disclosed?

In litigation, the bailiff is in charge of deciding what laws are applicable to the case.

The patient record is typically admitted into evidence as an exception to the hearsay rule.

The purpose of the Notice of Privacy Practices is 1) For patients/policy holders to sign to give the covered entity permission to use and disclose their health information. 2) To communicate to patients/policy holders how covered entities will use and disclose their health information. 3) To inform patients/policy holders about their rights concerning their health information. 4) To tell patients/policy holders to whom and how they can complain when they think their rights have been abused.

A legal document requiring someone to come before the court and testify is called a ____________________.