Which of the following statements is false:

Question 1 options:

a)	Under the Sherman Act, with monopolization allegations courts determine the relevant market whether product or geographically;

b)	Under the Federal Trade Commission Act, failing to reveal material facts about a product is a violation;

c)	Under the Federal Trade Commission Act, product labeling is a violation;

d)	Under the Clayton Act, contracts for exclusive dealing are permissible;

e)	Under the Sherman Act, competitors sharing information which leads to stabilizing prices constitutes a violation;

Question 2 (2 points)

Financial relationships that don't invoke the Stark Self-Referral Law include:

Question 2 options:

a)	Isolated transactions, such as a one time sale of property;

b)	Reasonable rent for office space or equipment;

c)	Owning or investing in certain rural providers or hospitals in Puerto Rico;

d)	Amounts paid under a bona fide employment;

e)	Reasonable payments by a physician for clinical laboratory services;

f)	All of the above;

g)	None of the above.

Question 3 (2 points)

Which of the following statements is true?:

Question 3 options:

a)	Protected Health Information is any information that deidentifies the patient.

b)	EMTALA requires anyone who shows up to the emergency room to be admitted.

c)	Marriage is sufficient to entitle someone to consent to treatment on the patient's behalf.

d)	The Federal Trade Commission Act prohibits the FTC from regulating trade practices that are deceptive to consumers.

e)	Voluntary sterilization is a criminal offense.

f)	All of the above are true.

g)	None of the above are true.

Question 4 (2 points)

The following statements are true except for:

Question 4 options:

a)	A tax-exempt organization's net earnings may not inure to the benefit of any private individual or corporation;

b)	Tax-exempt organizations may engage in electioneering and campaigning on behalf of or in opposition to candidates for political office;

c)	Income earned by a charity which does not further the charitable purpose of the organization is considered unrelated business income and is taxable;

d)	Tax-exempt organizations should have conflict of interest and compensation policies to ensure transaction propriety with physicians and corporate managers;

e)	Tax-exempt organizations can engage in lobbying activities as long as the activity does not amount to a substantial part of their overall operations;

Question 5 (2 points)

Which of the following statements are true?

Question 5 options:

a)	Good Samaritan legislation often does not apply to people who have a pre-existing duty to respond;

b)	Not all physicians are competent to work in an emergency department and should not be on ED duty;

c)	Good Samaritan laws protect healthcare professionals from ordinary negligence in providing emergency care;

d)	A patient does not have a common law responsibility to respond to a call for help when she has no pre-existing relationship with the patient;

e)	All of the above;

f)	None of the above;

Question 6 (2 points)

The following items are considered designated health services under the Stark Self-Referral Law except:

Question 6 options:

a)	Home health services

b)	Clinical laboratory services

c)	Outpatient prescription drugs

d)	Radiation therapy services and supplies

e)	Inpatient and outpatient hospital services

f)	Lithotripsy services

Question 7 (2 points)

When a patient is asked to sign a consent form as part of the registration process to grant the hospital permission to provide nursing services and routine care, that consent is called:

Question 7 options:

a)

Special

b)

Implied

c)

Judicial

d)

Express

e)

Statutory

f)

General

Question 8 (2 points)

Which of the following statements is false:

Question 8 options:

a)	Mail to the account address is returned despite ongoing patient visits could be a red flag for identity theft;

b)	Courts have ordered release of patient information in proceedings to revoke criminal probation and in case of child neglect;

c)	Cases involving physical intrusion into private affairs can be considered an invasion of privacy;

d)	Law enforcement personnel may request protected health information to determine the blood alcohol level of a person in custody;

e)	State laws allow health care providers to own, control, and have physical control of the medical records;

f)	All of the above;

g)	None of the above;

Question 9 (2 points)

EMTALA requires;

Question 9 options:

a)	An appropriate medical screening be provided to anyone who comes to the emergency department for treatment;

b)	Patients who come to the emergency department with emergency medical conditions be stabilized before any transfer of the patient can occur:

c)	If transfer is necessary the hospital must locate another capable facility willing to accept the patient;

d)	Medical Records must accompany the patient to the second facility;

e)	Qualified personnel and equipment must be used to complete the transfer;

f)	All of the above;

g)	None of the above;

Question 10 (2 points)

Disclosure of protected health information can be disclose for:

Question 10 options:

a)	Workers' compensation claims

b)	Healthcare oversight activities

c)	For coroners, medical examiners, and funeral directors

d)	For certain research

e)	To report abuse, neglect, and domestic violence

f)	All of the above

g)	None of the above

Question 11 (2

The HITECH Act has the following requirements:

Question 11 options:

a)	State attorney generals have new enforcement authority;

b)	HIPAA rules extend directly to a covered entity's business associates who have access to PHI;

c)	Covered Entities must review their business associate agreements and training programs;

d)	Business associates must notify their affiliated covered entities of breaches of which they become aware up;

e)	All of the above

f)	None of the above

Question 12 (2 points)

Which of the following statements is/are false:

Question 12 options:

a)	Surrogate motherhood and artificial insemination require spousal consent;

b)	A competent patient can refuse to consent to medical or surgical treatment;

c)	A duly appointed guardian can consent to care for an incompetent individual based on the patient's wishes;

d)	A person is an emancipated minor if they are under 18 and have a valid marriage. Therefore, they do not need parent consent for medical or surgical treatment;

e)	Consent of a custodial parent for medical treatment is preferred for young children in cases of divorce or if the parents are voluntarily separated;

f)	The reasonable doctor rule is not applicable in cases of informed consent;

g)	All of the statements are false;

h)	None of the statements are false;

Question 13 (2 points)

All statements below are true except:

Question 13 options:

a)	The Affordable Care Act includes many provisions created to enhance government program integrity;

b)	The Anti-kickback statute requires specific intent to violate the statute;

c)	The False Claims Act involves civil claims only;

d)	The Foreign Corrupt Practices Act prohibits payments to foreign government officials to obtain business in their countries;

e)	The Stark Self-Referral Law is a strict liability statute which does not require specific intent;

Question 14 (2 points)

Enforcement agencies for antitrust have created a safety zone(s) for the following activities by a provider:

Question 14 options:

a)	Physician network joint ventures

b)	Group purchasing arrangements

c)	Multiprovider network arrangements

d)	Combinations involving a small hospital

e)	Participations in salaries and wages surveys

f)	All of the above

g)	None of the above

Question 15 (2 points)

The following are true regarding Planned Parenthood v. Casey includes the following except for:

Question 15 options:

a)	The Supreme Court determined the 24-hour waiting period is constitutional;

b)	The Supreme Court indicated that states can institute some restrictions on abortion as long as they do not place a substantial burden on a woman's ability to get an abortion;

c)	The Supreme Court determined that spousal consent is not an undue burden on a woman's right to an abortion;

d)	The Supreme Court determined informed consent before the abortion procedure is constitutional;

e)	The Supreme Court determined a woman can be offered information on the fetus and the alternatives;

f)	The trimester approach of Roe v. Wade was overturned;

Question 16 (2 points)

Constitutional restrictions regarding abortions upheld by the courts include:

Question 16 options:

a)	Written informed consent requirements;

b)	Requirement that second trimester abortions be performed in licensed clinics;

c)	Unburdensome record keeping and recording requirements;

d)	Requirement that any tissue be removed following an abortion be submitted to a pathologist;

e)	All of the above;

f)	None of the above;

Question 17 (2 points)

Which of the following questions is true:

Question 17 options:

a)	There is no antitrust safety zone for accountable care organizations.

b)	Medicare regulations include telephone calls, and the use of email and fax machines as part of the definition of telemedicine.

c)	The prohibition of the corporate practice of medicine was developed to prevent the commercialization of medicine in for profit and not for profit hospitals;

d)	The consensus today is that the Clayton Act does not have jurisdiction over not for profit organizations such as hospitals;

e)

The qui tam provisions of the Federal False Claims Act allows individual whistleblowers to bring an action with the U.S. government against companies, including healthcare organizations, which can result in the government getting penalties from these organizations and the qui tam relator (whistleblower) getting a portion of the damages.

f)	All of the above;

g)	None of the above;

Question 18 (2 points)

Antitrust exemptions that are pertinent to healthcare include:

Question 18 options:

a)	Noerr-Pennington Doctrine

b)	Health Care Quality Improvement Act

c)	Mc Carran-Ferguson Act

d)	Implied Repeal Doctrine

e)	State Action Doctrine

f)	All of the above

g)	None of the above

Question 19 (2 points)

Which of the following statements is false:

Question 19 options:

a)	HIPAA does not require patient authorization for their protected health information to be used for treatment, payment, or operations purposes;

b)	Even when disclosures of protected health information are allowed, HIPAA only allows the minimum necessary amount of information needed to achieve the purpose of the disclosure;

c)	HIPAA requires patients receive a notice of privacy practices from health providers;

d)	HIPAA preempts state laws that provide less protection or grant the patient fewer rights to access;

e)	HIPAA does not allow the release of patient information with a court order;

Question 20 (2 points)

Under the Antikickback statute the following types of remuneration are exempt from the statute:

Question 20 options:

a)	Waivers of coinsurance for Public Health beneficiaries;

b)	Amounts paid by an employer to an employee to provide healthcare services;

c)	Certain remuneration through risk-sharing arrangements;

d)	Discounts reflected in Medicare cost reports;

e)	Certain amounts paid by a vendor to agents of a group purchasing entity;

f)	All of the above;

g)	None of the above.

Question 21 (2 points)

Which of the following statements is true:

Question 21 options:

a)	HIPAA allows physicians to deny patients access to their own records if the access to the information would endanger their lives or safety;

b)	HIPAA replaced all state law privacy protections;

c)	Under HIPAA Covered Entities include clearinghouses and health providers but not health plans;

d)	HIPAA does not require written authorization from the patient for the purposes of marketing and fundraising;

e)	HIPAA does not require patients receive an accounting of disclosures of their protected health information;

Question 22 (2 points)

Elements of an effective corporate compliance program include:

Question 22 options:

a)	Enforcement and Discipline

b)	Response and Prevention

c)	Effective lines of communication

d)	Training and Education

e)	Ongoing reassessment and Revision

f)	All of the above

g)	None of the above

Question 23 (2 points)

The Uniform Health Care Decisions Act:

Question 23 options:

a)	requires healthcare providers to comply with the patient's or agent's instructions;

b)	lets the principal designate an agent to make decisions the principal would make if he were competent;

c)	lays out a dispute resolution process to be used in the event of disagreements;

d)	affirms an individual's right to decline life sustaining treatment;

e)	allows states to replace their various pieces of legislation with one statute;

f)	all of the above;

g)	none of the above;

Question 24 (2 points)

Examples of healthcare fraud include(s);

Question 24 options:

a)	Billing for services said to have been "incident to" a physician's services but that were not provided under the physician's direct supervision;

b)	Filing claims for services not rendered or not medically necessary;

c)	Unbundling a battery of services;

d)	Upcoding a procedure or diagnosis for a higher payment ;

e)	Misrepresenting the time, location, frequency, duration, or provider of services.

f)	All of the above.

g)	None of the above.

Question 25 (2 points)

Healthcare fraud statutes include all but:

Question 25 options:

a)	Foreign Corrupt Practices Act

b)	Mail Fraud Act,

c)	Food Drug and Cosmetic Act

d)	Racketeer Influenced and Corrupt Organizations Act,

e)	Wire Fraud Act

Question 26 (2 points)

Oregon's Death with Dignity Act requires, among others, the following conditions be met:

Question 26 options:

a)	The prescribing physician must request, but may not require the patient to notify their next-of-kin of the prescription request;

b)	The prescribing physician must inform the patient of feasible alternatives, including comfort care, hospice care, and pain control;

c)	The patient must provide a written request to the physician, signed in the presence of two witnesses;

d)	The patient must make two oral requests to their physician, separated by at least 15 days;

e)	All of the above;

f)	None of the above;

Question 27 (2 points)

Charitable hospitals must now do which of the following to quality for the federal tax exemption:

Question 27 options:

a)	Not attempt "extraordinary collection actions" without first determining whether the patient meets financial assistance criteria;

b)	Limit the amounts charged for care to indigent patients;

c)	Conduct a community health needs assessment (CHNA) at least once every three years;

d)	Publicize and implement a written financial assistance policy for services to indigent patients;

e)	Adopt a written policy on nondiscrimination in emergency services;

f)	Adopt an implementation strategy to meet the health needs identified in the assessment;

g)	All of the above;

h)	None of the above;

Question 28 (2 points)

Advanced Directives do not include:

Question 28 options:

a)	Physician Order for Life Sustaining Treatment

b)	Durable Powers of Attorney

c)	Living Wills

d)	Healthcare Proxies

e)	Do-Not-Resuscitate Orders

Question 29 (2 points)

The following statements are true except:

Question 29 options:

a)	In the Quinlan case the Court used the substitute doctrine to justify that a guardian can decide what the patient herself would have wanted when the patient is in a persistent vegetative state;

b)	The Court further held that if Mr. Quinlan, the patient's guardian, the attending physicians, and the hospital's ethics committee all agreed that Ms. Quinlan's life support system could be withdrawn, it could occur without criminal or civil liability;

c)	In the Cruzan case, the Missouri state court held that the state has a strong public policy favoring life over death and that evidence of an individual's wishes regarding termination of treatment must be clear and convincing;

d)	After the U.S. Supreme Court affirmed the Missouri court decision, the case returned to the trial court where the court ruled that there was clear and convincing evidence of Ms. Cruzan's wishes and thus her nutrition and hydration were withdrawn;

e)	In the Schiavo case, the Florida Supreme Court declared Terri's Law, a law which gave the governor a single-purpose statute intended to let the governor reinsert a feeding tube into Ms. Schavio constitutional;

f)	In the Schiavo case, the court held that the legislature failed to provide any standards that would prevent the Governor from having unrestricted discretion in applying the law;

g)	All of the above;

h)	None of the above;

Question 30 (2 points)

Benefits of a corporate compliance program include:

Question 30 options:

a)	Exposing possible fraud and abuse by employees to report potential problems;

b)	Identifying and preventing criminal and unethical conduct;

c)	Improving billing practices and thus increasing revenue;

d)	Identifying weaknesses in internal systems and management;

e)	Enabling employees to report potential problems;

f)	Helping to document improvements in the quality of patient care;

g)	All of the above;

h)	None of the above;

Question 31 (2 points)

The Clayton Act prohibits all of the activities below except;

Question 31 options:

a)	Interlocking director or officer positions in competing organizations

b)	False Advertising

c)	Price Discrimination

d)	Anticompetitive Mergers and Acquisitions

e)	Tying Arrangements

Question 32 (2 points)

Which of the following statements is true:

Question 32 options:

a)	HITECH requires that protected health information breaches of 100 individuals or more require that the Secretary of the Department of Health and Human Services be notified;

b)	HIPAA does not allow for the deidentification of protected health information;

c)	Patients should not be allowed to provide authorization to law enforcement officials to receive their protected health information;

d)	HIPAA prevents the disclosure of communicable diseases, abortions, fetal deaths, and injuries due to child or elder abuse;

e)	All of the above;

f)	None of the above;

Question 33 (2 points)

The two major government entities that enforce antitrust laws include:

Question 33 options:

a)	The Department of Health and Human Services and the Food and Drug Administration

b)	Centers for Medicare and Medicaid Services and the Centers for Disease Control

c)	Department of Commerce and the Interstate Commerce Commission

d)	Department of Justice and Federal Trade Commission

e)	National Labor Relations Board and the Department of Treasury

Question 34 (2 points)

Abortion restrictions struck down by the courts include all but:

Question 34 options:

a)	A requirement that certain information be provided by a physician that the unborn child is a human life from the moment of conception;

b)	All abortions in the first trimester must take place in a hospital;

c)	Requirement that a waiting period elapse between's consent to an abortion and the abortion procedure;

d)	Requirement that abortion counseling only be given by the attending physician;

e)	Requirement that the Medicaid program not pay for abortions for Medicaid recipients;

Question 35 (2 points)

Which of the following statements is/are false:

Question 35 options:

a)	Under some state laws, mature minors can make medical decisions on their own without parents ' consent despite the fact that they are legally under majority age;

b)	With minors, hospitals do not have to make any effort to contact the parent or guardian before proceeding with a medical procedure;

c)	Minors who are under the age of 18 and are in the U.S. armed forces are considered emancipated and therefore do not have to have their parents consent to a medical procedure;

d)	Parents can give temporary consent to caregivers when the parents are going to be away for a long period of time;

e)	All of the above are false;

f)	None of the above are false;