CHC Professional Ethics & Legal Compliance 5 — Questions and Answers
Question 1: A CHC's project involves demolition of a building suspected to contain lead-based paint. The first required step before demolition begins is:
- Conduct a certified lead-based paint inspection and risk assessment (Correct answer)
- Notify neighbors within a 500-foot radius
- Obtain a variance from the local building department
- Submit a demolition permit application only
Correct answer: Conduct a certified lead-based paint inspection and risk assessment
OSHA and EPA regulations require a certified inspection to determine the presence and condition of lead-based paint before demolition work disturbs it.
Question 2: The False Claims Act is relevant to healthcare construction contractors because:
- Submitting fraudulent invoices or inflated billings on federally funded healthcare projects can result in treble damages and criminal penalties (Correct answer)
- Contractors must certify the accuracy of all patient billing systems they install
- All change orders on Medicare-funded projects require CMS pre-approval
- Contractors must verify that medical equipment meets FDA standards
Correct answer: Submitting fraudulent invoices or inflated billings on federally funded healthcare projects can result in treble damages and criminal penalties
The False Claims Act imposes severe penalties on parties who knowingly submit false or fraudulent claims for payment on federally funded projects, including hospital construction.
Question 3: During construction phasing in an occupied hospital, a CHC must maintain negative air pressure in renovation areas primarily to:
- Prevent airborne construction dust and contaminants from migrating into clean patient care areas (Correct answer)
- Reduce HVAC energy consumption during construction
- Meet LEED indoor air quality credits
- Comply with local fire code requirements for air movement
Correct answer: Prevent airborne construction dust and contaminants from migrating into clean patient care areas
Negative pressure containment is an ICRA requirement that prevents construction-generated dust, mold spores, and pathogens from traveling into occupied patient areas.
Question 4: A CHC is offered a lucrative subcontract referral fee by a vendor for steering business their way on multiple hospital projects. Accepting this fee would most likely violate:
- Professional ethics standards requiring loyalty to the owner's interests and prohibition of undisclosed kickbacks (Correct answer)
- OSHA recordkeeping requirements
- State licensing board continuing education rules
- Federal wage and hour law
Correct answer: Professional ethics standards requiring loyalty to the owner's interests and prohibition of undisclosed kickbacks
Accepting undisclosed referral fees from vendors creates a kickback arrangement that violates the CHC's fiduciary duty to act in the owner's best interest.
Question 5: A subcontractor asks the CHC to sign off on a stored materials payment application for equipment that has not yet been delivered to the site or a bonded warehouse. The CHC should:
- Reject the payment application until the materials are physically stored at the approved location and properly documented (Correct answer)
- Approve it to maintain subcontractor cash flow and correct on the next application
- Approve it if the subcontractor provides a letter of intent from the supplier
- Approve partial payment based on the purchase order date
Correct answer: Reject the payment application until the materials are physically stored at the approved location and properly documented
Payment for stored materials requires the materials to actually be in storage at an approved location; approving payment for materials not yet received constitutes a false certification.
Question 6: When a healthcare project involves federally funded construction (e.g., HHS grants), which additional compliance requirement is typically triggered?
- Davis-Bacon Act prevailing wage requirements for all laborers and mechanics (Correct answer)
- Joint Commission accreditation of the construction firm
- Mandatory use of minority-owned subcontractors exceeding 75% of the work
- Filing quarterly reports with the Department of Labor on patient outcomes
Correct answer: Davis-Bacon Act prevailing wage requirements for all laborers and mechanics
Federal funding triggers the Davis-Bacon Act, which requires that workers on federally funded construction projects be paid locally prevailing wages.
Question 7: A CHC notices that project closeout documents submitted to the owner contain an inaccuracy regarding the as-built location of underground utilities. The most ethical action is to:
- Correct and reissue the as-built documents before final acceptance, even if it delays closeout (Correct answer)
- Submit the documents as-is since utilities are underground and unlikely to cause immediate problems
- Note the discrepancy verbally to the owner's representative only
- Correct only if the owner specifically requests it during the punchlist review
Correct answer: Correct and reissue the as-built documents before final acceptance, even if it delays closeout
Accurate as-built documentation of underground utilities is a safety-critical record; submitting known inaccurate as-builts exposes future workers and the facility to serious risk.
CHC Professional Ethics & Legal Compliance 5
A CHC's project involves demolition of a building suspected to contain lead-based paint.
The first required step before demolition begins is: