Please choose the right answer for the questions bellow

1. Dr. Butler is a neonatologist. Until February 2010, Dr. Butler was the MedicalDirector of the Neonatal Intensive Care Unit ("NICU") at DooPond Children'sHospital. Dr. Butler also enjoyed privileges at Community Medical Center("Community"), the local teaching hospital. In December 2009, Communityopened a new 65 bed NICU.

DooPond was concerned that Community was building a "flagship NICU" thatwould compete with DooPond's NICU. Consequently, DooPond closed its NICUto certain neonatologists. DooPond also told Dr. Butler (and other physicians inhis private practice group) that if he did not agree to practice exclusively throughDooPond, and in particular not at Community, then it would not renew hiscontract.

DooPond's actions is a risk of liability for itself under:

Group of answer choices

A. Clayton Act.

B. HCQIA.

C. Sherman Act.

D. ERISA.

2. An employer-provided HMO provides both payment/coverage and medical servicesthrough a network of independent contractor physicians. A patient injured by a

network physician's malpractice wouldlikely be ableto hold the HMO liablethrough:

Group of answer choices

A. Respondeat superior

B. Ostensible agency

C. ERISA

D. None of the above

3. Ellen is 87 years old and has been admitted to the hospital for pneumonia. Herattending physician has confirmed that she can not understand and appreciate healthcare decisions. Assuming that Ellen has no advance directive and that all of thefollowing are now reasonably available, who is now authorized to make healthcare decisions on Ellen's behalf?

Group of answer choices

A. The agent designated in Ellen's health care power of attorney

B. Ellen's husband (from whom she is not divorced, but with whom she fights)

C. Ellen's sister

D. Ellen's oldest child

E. None of the above

4. Martha has been an inpatient at the Hapless Hospital (in Houston) since March 28, 2011. On May 3rd,Hapless transferred Martha to the Saint Helpless Hospice. Martha's daughters did not agree with this transfer. Do the daughters have an EMTALA claim against Hapless?

Group of answer choices

A. The daughters may have a claim, if Martha's condition was not stabilized atthe time of transfer.

B. The daughters may have a claim, ifHapless is a Medicare-participating hospital.

C. Both A and B.

D. The daughters do not have an EMTALA claim.

5. During the first four months of 2013, thirty-three Dallas, Texasoptometrists met on Monday mornings at the Pure Bread caf to discuss fees.Starting in May 2013, these optometrists began charging the same fees. Theseoptometrists may have some legal exposure under:

Group of answer choices

A. The Clayton Act.

B. The Sherman Act.

C. The Anti-Kickback statute.

D. The False Claims Act.

6. In October 2010, Sanchez underwent spinal fusion surgery at Hapless Hospital. Shewas recovering in the ICU when she alleges that Njoh and DeJesus, a registered nurseand a certified nurse's assistant, entered her room and made unwanted sexual advancestoward her. Sanchez alleges that one of the men undressed her and exposed her bodyfor the other to see. She claims that they turned her over using their hands instead of aturning pad and, while they were moving her from the bed to a chair in her room, theydanced with her. Sanchez alleges that during these physical contacts, Njoh andDeJesus were making sexual overtures and comments and that the improper conductcontinued until she was discharged from the hospital a few days later.

If the nurse and CNA were hospital employees, then patient haspotentially validclaims against the hospital for this conduct under a theory of:

Group of answer choices

A. EMTALA

B. Vicarious liability

C. ERISA

D. HCQIA

7. Pete is taken by ambulance to St. Egregius Hospital. The hospital ED staffuniformly applies their standard screening procedure for patients with Pete'ssymptoms. Finding no emergency medical condtion, St. Egregius transfers Peteto County Memorial. Pete dies from a serious injury that St. Egregius failed todiagnose before transfer. Pete's wife probably:

Group of answer choices

A. Has an EMTALA claim against both the hospital and the ED physician.

B. Has an EMTALA claim against only the ED physician.

C. Has an EMTALA claim against only the hospital.

D. Has an EMTALA claim against neither the hospital nor the ED physician.

8. Plaintiff consents to a medical procedure, but the physician did not disclose all of theprocedure's material risks. If the plaintiff is subsequently injured, then in making a claim for informed consent, shemust establishthat:

Group of answer choices

A. The procedure was not performed according to the standard of care.

B. The injury was the result of the procedure performed by the defendant.

C. Both A and B.

D. Neither A nor B.

9. Regarding the law of informed consent, which of the following is TRUE?

Group of answer choices

A. The duty to obtain informed consent is restricted to surgeons.

B. It does not matter what a health care provider discusses with a patient aboutproposed treatment as long as the consent form is signed.

C. The standard for disclosure can be a reasonable patient or professional standard depending on the jurisdiction.

D. Informed consent law is uniform among all jurisdictions.

10. Dr. A has developed an excellent international reputation in his field of specialization and is seeing increasing numbers of foreign patients who travel to Florida exclusively to see him. Many of these patients have health coverage based in their country of origin, and it is difficult to process and collect payment from these foreign payors. Dr. A has been approached by Mr. B, who has developed a business of facilitating claims processing and collection for international payors, and may be able to get Dr. A designated as a preferred provider with some of the payors. Mr. B proposes a contract wherein Dr. A would pay him 20 percent of each foreign payor claim that Mr. B is able to collect on behalf of Dr. A, plus $100 for each new patient Dr. A is able to see in his office as a preferred provider. May Dr. A legally enter into such an agreement?

Group of answer choices

A. Yes, provided the new patients do not qualify as eligible for alien Medicaid coverage in Texas and no claims are submitted to a federal healthcare program for their care.

B. No, as the proposed payment relationship violates Federal law.

C. No, as the proposed payment relationship implicates the Foreign Corrupt Practices Act

D. Yes, provided the payment amounts are set in advance and do not vary based on value or volume of referrals