AMCA Medical Law 2 — Questions and Answers
Question 1: Which federal law prohibits healthcare providers from referring Medicare patients to facilities in which the provider has a financial interest?
- Anti-Kickback Statute
- Stark Law (Correct answer)
- False Claims Act
- EMTALA
Correct answer: Stark Law
The Stark Law (Physician Self-Referral Law) prohibits physicians from referring Medicare/Medicaid patients to entities with which they have a financial relationship.
Question 2: A patient requests copies of their medical records. Under HIPAA, the covered entity must fulfill this request within how many days?
- 15 days
- 30 days (Correct answer)
- 60 days
- 90 days
Correct answer: 30 days
HIPAA requires covered entities to provide access to medical records within 30 days of the request, with one 30-day extension if needed.
Question 3: Which legal concept holds a physician responsible for the negligent acts of employees acting within the scope of their employment?
- Res ipsa loquitur
- Respondeat superior (Correct answer)
- Contributory negligence
- Assumption of risk
Correct answer: Respondeat superior
Respondeat superior ('let the master answer') holds employers vicariously liable for employees' negligent acts performed within the scope of employment.
Question 4: A patient signs a form agreeing to general medical treatment upon admission to a clinic. This is an example of:
- Expressed consent (Correct answer)
- Implied consent
- Informed consent
- Implied-in-law consent
Correct answer: Expressed consent
Expressed consent is explicitly given, either verbally or in writing, such as signing an admission consent form.
Question 5: Which act requires hospitals to screen and stabilize any patient presenting to the emergency department regardless of ability to pay?
- ADA
- HIPAA
- EMTALA (Correct answer)
- Stark Law
Correct answer: EMTALA
EMTALA (Emergency Medical Treatment and Labor Act) mandates emergency screening and stabilization for all patients regardless of insurance status.
Question 6: The intentional, unauthorized touching of a patient without consent is legally defined as:
- Negligence
- Battery (Correct answer)
- Assault
- Fraud
Correct answer: Battery
Battery is the intentional harmful or offensive touching of another person without consent, which applies even in medical settings.
Question 7: Which document legally designates another individual to make healthcare decisions on a patient's behalf if the patient becomes incapacitated?
- Living will
- DNR order
- Durable power of attorney for healthcare (Correct answer)
- POLST form
Correct answer: Durable power of attorney for healthcare
A durable power of attorney for healthcare (healthcare proxy) designates a specific person to make medical decisions when the patient cannot.
AMCA Medical Law 2
Which federal law prohibits healthcare providers from referring Medicare patients to facilities in which the provider has a financial interest?