Chapter 8 REVIEW Law and Ethics

Which U.S. Constitutional Amendments deal with the issue of privacy?

-First
-Third
-Fourth
-Fifth
-Ninth
-Fourteenth

List the four HIPAA Standards

-Transactions and code sets
-Privacy Rule
-Security Rule
-National identifier Standards

Transactions and code sets

For uniformity in reporting

Privacy Rule

For protection PHI during electronic transmission

Security Rule

For securing electronic electronic storage and transmission

National identifier Standards

Provide unique identifiers (addresses) for electronic transmissions

What are the six HIPAA-defined permissions? (2-3)

-Disclosures to patients
-Use/Disclosure for treatment, payment, or health care operations
-Uses and disclosures with opportunity to agree or object
-Incidental uses and disclosures or PHI are permitted without authorization from patients
-Public interest

Limited Data Set

Protected health information from which certain patient identifiers have been removed

Example of limited data set

For research, health care operations, and public health purposes

What are three public interest and benefit activities for which the disclosure of protected health information is allowed without authorization?

-If required by law
-For victims of abuse, neglect, or domestic violence
-As part of health activities

One of the best ways to ensure against loss or corruption of medical data is to ___?

Back up all data regularly

Training employees in proper computer use involves what?

Never posting passwords where others can see them

What is NOT a helpful HIPAA security compliance measure?

Never use cloud technology for data storage

What constitutes a data breach?

-A medical office computer is sold without erasing the hard drive
-A hacker penetrates a hospital's list of patient's with HIV
-A business-use laptop is stolen from a health insurance company executive while she is traveling

What is the primary purpose of the HITECH Rule?

To strengthen privacy and security for electronic health information

What is NOT one of the reasons Medicare fraud is not easy to estimate?

Records are destroyed yearly

What government agencies is charged with fighting and prosecuting waste, fraud, and abuse in Medicare and Medicaid?

Office of the Inspector General

The False Claims Act provides for ___?

Making it a criminal offense to defraud any health care benefit program

A physician pays a long-term care administrator to refer all new Medicare and Medicaid patients to his medical practice, He is most likely to be accused of violating what questions?

The Federal Anti-Kickback law

An entity may have violated the Stark Law if "yes" is answered to what questions?

-Has a physician or a member of her family referred a Medicare or Medicaid patient to an entity?
-Is the referral for a "designated health service"?
-Is there a financial relationship between the referring physician or family member and the entity providi

What is true about the Federal Anti Kickback Law and the Stark Law?

They are not the same

What might a health care practitioner suffer if convicted of the False Claims Act, the Federal Anti-Kickback Law, the Stark Law, or the Criminal Health Care Fraud Statue?

-A fine
-A prison sentence
-Loss of medical license

What statements are true of a Patients' Bill of Rights?

-The Patients' Bill of Rights for the Patient Protection and Affordable Care Act applies to insurance companies
-Some health care providers publish their own Patients' Bill of Rights