AMCA Medical Law 3 — Questions and Answers
Question 1: Under HIPAA, which of the following is NOT considered protected health information (PHI)?
- Patient's diagnosis code
- Patient's date of birth
- De-identified patient data (Correct answer)
- Patient's insurance ID number
Correct answer: De-identified patient data
De-identified data, from which all 18 HIPAA identifiers have been removed, is not considered PHI and is not subject to HIPAA protections.
Question 2: A medical assistant discloses a patient's HIV status to the patient's employer without consent. This violates which principle?
- Duty to warn
- Confidentiality (Correct answer)
- Standard of care
- Beneficence
Correct answer: Confidentiality
Confidentiality requires healthcare workers to protect patient information from unauthorized disclosure, and HIV status is especially sensitive information.
Question 3: The statute of limitations for medical malpractice claims begins to run from the time:
- The patient was first seen by the provider
- The alleged negligent act occurred or was discovered (Correct answer)
- The patient filed a complaint with the medical board
- The provider's insurance was notified
Correct answer: The alleged negligent act occurred or was discovered
Most states use a 'discovery rule' allowing the statute of limitations to begin when the injury was discovered or reasonably should have been discovered.
Question 4: Which federal law protects employees who report workplace safety violations from employer retaliation?
- OSHA (Correct answer)
- ADA
- FMLA
- COBRA
Correct answer: OSHA
OSHA (Occupational Safety and Health Act) includes whistleblower protections for employees who report workplace safety violations.
Question 5: A minor who is legally allowed to consent to their own medical care without parental permission is referred to as:
- A competent minor
- An emancipated minor (Correct answer)
- An autonomous minor
- A mature minor
Correct answer: An emancipated minor
An emancipated minor is legally freed from parental control — typically due to marriage, military service, or court order — and can consent to their own care.
Question 6: Which type of damages in a malpractice case compensate for pain and suffering, emotional distress, and loss of enjoyment of life?
- Special damages
- General damages (Correct answer)
- Punitive damages
- Nominal damages
Correct answer: General damages
General (non-economic) damages compensate for intangible losses such as pain, suffering, and emotional distress that cannot be precisely calculated.
Question 7: A patient is informed of a procedure's risks, benefits, and alternatives, then signs a consent form. This process is called:
- Expressed consent
- Blanket consent
- Informed consent (Correct answer)
- Implied consent
Correct answer: Informed consent
Informed consent requires disclosing risks, benefits, and alternatives so the patient can make an educated decision before agreeing to a procedure.
Under HIPAA, which of the following is NOT considered protected health information (PHI)?