CCMA Medical Law and Ethics 4 — Questions and Answers
Question 1: A patient requests that their medical records NOT be shared with their spouse. Under HIPAA, the medical assistant should:
- Share records with the spouse anyway if they are listed as emergency contact
- Honor the patient's request and restrict disclosure to the spouse (Correct answer)
- Notify the physician and let them decide
- Require the patient to submit the request in writing before honoring it
Correct answer: Honor the patient's request and restrict disclosure to the spouse
HIPAA grants patients the right to restrict disclosure of their PHI, and the covered entity must honor reasonable requests.
Question 2: Which of the following best describes 'respondeat superior' in a medical office context?
- A patient's right to refuse treatment
- An employer is legally responsible for negligent acts committed by employees within the scope of employment (Correct answer)
- The duty of a physician to refer patients to specialists
- A court order requiring medical records disclosure
Correct answer: An employer is legally responsible for negligent acts committed by employees within the scope of employment
Respondeat superior ('let the master answer') holds employers vicariously liable for employee negligence performed during work duties.
Question 3: A patient who is 16 years old seeks treatment for a sexually transmitted infection without parental consent. In most US states, the medical assistant should:
- Refuse to treat without parental consent
- Treat the minor and notify parents after the visit
- Treat the minor confidentially, as minors can consent to STI treatment in most states (Correct answer)
- Require the minor to return with a parent or legal guardian
Correct answer: Treat the minor confidentially, as minors can consent to STI treatment in most states
Most states allow minors to consent to STI testing and treatment without parental knowledge to encourage them to seek care.
Question 4: What is the primary purpose of a medical practice's Notice of Privacy Practices (NPP)?
- To authorize the release of records to insurance companies
- To inform patients how their PHI may be used and disclosed (Correct answer)
- To document the patient's consent to treatment
- To outline the office's billing procedures
Correct answer: To inform patients how their PHI may be used and disclosed
The NPP, required by HIPAA, explains to patients their rights and how the practice may use or share their health information.
Question 5: A medical assistant overhears a colleague discussing a patient's HIV status in the waiting room. The BEST immediate action is to:
- Ignore the situation to avoid conflict
- Join the conversation to clarify the information
- Privately remind the colleague that patient information must be kept confidential (Correct answer)
- Report the colleague directly to state authorities
Correct answer: Privately remind the colleague that patient information must be kept confidential
The medical assistant should address the breach immediately and privately, reminding the colleague of confidentiality obligations.
Question 6: Which type of consent is implied when a patient rolls up their sleeve for a blood draw without verbal instruction?
- Informed consent
- Expressed consent
- Implied consent (Correct answer)
- Involuntary consent
Correct answer: Implied consent
Implied consent is demonstrated through a patient's actions or conduct rather than explicit verbal or written agreement.
Question 7: A physician asks a medical assistant to perform a procedure outside their scope of practice. The medical assistant should:
- Perform the procedure to avoid conflict with the physician
- Perform the procedure only if the physician is present
- Refuse and explain that the task exceeds their scope of practice (Correct answer)
- Ask another medical assistant to perform it instead
Correct answer: Refuse and explain that the task exceeds their scope of practice
Medical assistants must refuse tasks beyond their scope of practice to protect patient safety and avoid legal liability.
CCMA Medical Law and Ethics 4
A patient requests that their medical records NOT be shared with their spouse.
Under HIPAA, the medical assistant should: