QUESTION 3

Please assume the same facts as in the previous question. Also assume that ABC currently provides home health services, but does not currently own or operate any nursing homes. Finally, assume that ABC and XYZ have agreed with each other that ABC will not try to enter the nursing home business and XYZ will not try to enter the home health business. Therefore, ABC has agreed not to apply for any CON to develop a nursing home and XYZ has agreed not to apply for any CON to provide home health services. Under these circumstances, which of the following statements is true?

a.

This agreement violates federal antitrust laws.

b.

This agreement does not violate federal antitrust laws because the state CON agency could have made a decision that would have had the same practical effect.

c.

This agreement does not violate federal antitrust laws because healthcare services are not provided in interstate commerce.

d.

This agreement does not violate federal antitrust laws, because those laws do not apply to members of a "learned profession" who provide healthcare services.

QUESTION 4

Assume that a patient has filed a claim for medical malpractice against her physician in state court. With regard to that case, which of the following statements, if any, is true?

a.

The plaintiff has the burden of proving her case beyond a reasonable doubt.

.

b.

The defendant has the burden of proving that the medical treatment was not provided in a negligent manner.

c.

The plaintiff has the burden of proving that the physician intended to harm her.

d.

None of the above

QUESTION 5

With regard to the doctrine of corporate negligence, which of the following statements, if any, is true?

a.

It is based on the concept of vicarious liability or respondeat superior.

b.

It is based on a breach of the duty that is owed directly from the hospital to a patient.

c.

It is based on the concept of charitable immunity

d.

None of the above

5 points

QUESTION 6

In a claim for medical malpractice, what are the two legal theories on which a court could hold a hospital vicariously liable?

a.

Respondeat superiorand corporate negligence

b.

Actual agency and ostensible agency

c.

Corporate negligence and lack of informed consent

d.

Charitable immunity and intentional torts

QUESTION 7

Patient #1 is a Medicare beneficiary who passed out in the driveway of General Hospital. Patient #2 is a millionaire who presented her gold American Express card at the registration desk of General Hospital's emergency department. Patient #3 is not eligible for Medicare or Medicaid, and she entered the main lobby of General Hospital while clutching her chest. For purposes of applying the Emergency Medical Treatment and Active Labor Act (EMTALA), which of those patients will be considered to have "come to the emergency department"?

a.

Patient #1

b.

Patient #2

c.

Patient #3

d.

All of the above

QUESTION 8

Assume the same facts as set forth in the previous question. What additional fact or facts would you need to know in order to determine whether the federal EMTALA law applies to General Hospital?

a.

Whether General Hospital participates in the Medicaid program.

b.

Whether General Hospital participates in the Medicare program.

c.

Whether General Hospital is a teaching hospital.

d.

All of the above.

QUESTION 9

If a hospital is required by EMTALA to provide an appropriate medical screening examination to a particular patient, what diagnostic services must be provided for the screening examination to be considered "appropriate"?

a.

The same diagnostic services that are routinely provided by other hospitals in the same or similar communities under similar circumstances.

b.

The further treatment that is required to stabilize the patient's condition.

c.

The same diagnostic services that this particular hospital provides to all of its patients with the same medical condition.

d.

None of the above

QUESTION 10

With regard to PAS, which of the following statements, if any, is true?

a.

The U.S. Supreme Court has held that there is no right to PAS under the U.S. Constitution

b.

The U.S. Supreme Court has held that there is a right to PAS under the U.S. Constitution

c.

The U.S. Supreme Court has held that, if a state allows its citizens to refuse medical treatment, the state must also allow its citizens to have access to PAS

d.

None of the above

QUESTION 11

Which of the following is a federal statute that requires healthcare facilities participating in Medicare to inform patients of their rights under state law to refuse treatment and make advance directives?

a.

Death with Dignity Act

b.

Assisted Suicide Funding Restriction Act

c.

Patient Self-Determination Act

d.

Controlled Substances Act

QUESTION 12

In theGeorgetown Collegecase, the court ordered a patient to receive a life-saving blood transfusion despite her objection on religious grounds. What reasoning did the court use to justify or attempt to justify its decision?

a.

The patient was not mentally competent to make her own decision.

b.

The patient should not be allowed to permanently abandon her 7-month old child.

c.

Despite her religious beliefs, the patient was willing to receive a blood transfusion if it was forced upon her by the court.

d.

All of the above.

QUESTION 13

According to the decision of the U.S. Supreme Court inPlanned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), which of the following statements, if any, is true?

a.

The state can regulate abortion for the purpose of protecting maternal health at any time during the pregnancy

b.

The state can regulate abortion for the purpose of protecting maternal health, but only before the point of viability

c.

Before the point of viability, the state cannot try to discourage abortion

d.

None of the above

QUESTION 14

What is the meaning of "selective contracting"?

a.

The right of each individual patient to select a doctor's office or hospital to make a contract for treatment.

b.

A technique of cost containment in which third-party payers make contracts with healthcare providers that are willing to reduce their prices and agree to the payer's utilization review procedures.

c.

Both of the above

d.

Neither of the above

QUESTION 15

With regard to gainsharing arrangements, which of the following statements, if any, is true?

a.

Some gainsharing arrangements are likely to be permissible under limited circumstances and subject to specific safeguards.

b.

All gainsharing arrangements are now allowed by law.

c.

All gainsharing arrangements are now prohibited by law

d.

None of the above

QUESTION 16

Which of the following types of health plans, if any, are subject to ERISA?

a.

Health plans for state and local government employees

b.

Insurance coverage in the individual market

c.

Employer-sponsored health plans in the private sector

d.

None of the above

QUESTION 17

What is the meaning of "community rating"?

a.

The rating of a particular community with regard to the percentage of residents covered by some form of health insurance

b.

The average price of family health insurance coverage in a particular community

c.

A method of pricing health insurance in which premiums do not vary on the basis of individual health status

d.

None of the above

QUESTION 18

Which of the following were federal health reforms before enactment of the Affordable Care Act (ACA) in 2010?

a.

Consolidated Omnibus Budget Reconciliation Act (COBRA

b.

Health Insurance Portability and Accountability Act (HIPAA)

c.

Mental Health Parity and Addiction Equity Act (MHPAEA)

d.

All of the above

QUESTION 19

Which of the following statements about the ACA are true, if any

a.

The ACA establishes a Canadian-style single-payer system.

b.

The ACA establishes a United Kingdom-style national health system.

c.

The ACA prohibits people from obtaining coverage through their place of employment.

d.

None of the above

QUESTION 20

What did the U.S. Supreme Court hold in its 2012 decision on the constitutionality of the ACA?

a.

The individual mandate to buy health insurance is not a valid regulation of interstate commerce, but the penalty for failure to do so is valid under Congress' power to tax.

b.

The individual mandate to buy health insurance is a valid regulation of interstate commerce.

c.

The penalty for failure to buy health insurance violates Congress' power to tax

d.

All of the above

QUESTION 21

What is the role of state government in the regulation of insurance companies?

a.

Because insurance companies operate in interstate commerce, they may only be regulated by the federal government.

b.

State governments have traditionally regulated health insurance companies for the protection of the public, and Congress chose to leave the regulation of the insurance business primarily to the states.

c.

A state must obtain permission from the federal government before enacting any regulation of insurance companies in its state.

d.

None of the above