Law and Ethics Flashcards

A patient refuses a blood transfusion on religious grounds despite life-threatening blood loss. What is the healthcare leader's primary obligation?

Answer: Document the refusal and respect the competent patient's decision

Competent adults have the legal and ethical right to refuse any medical treatment, including life-saving transfusions, and this must be documented and respected.

Which federal law governs the privacy and security of electronically protected health information (ePHI)?

Answer: HIPAA Security Rule

The HIPAA Security Rule specifically establishes national standards for protecting electronically protected health information.

Under the Emergency Medical Treatment and Labor Act (EMTALA), a hospital with an emergency department must:

Answer: Provide a medical screening exam to anyone who presents, regardless of ability to pay

EMTALA requires hospitals to provide a medical screening exam and stabilizing treatment to all individuals who present to the ED regardless of their insurance or ability to pay.

A healthcare leader discovers that a physician is self-referring patients to a laboratory in which the physician has a financial interest. This likely violates which law?

Answer: Stark Law (Physician Self-Referral Law)

The Stark Law prohibits physicians from referring Medicare/Medicaid patients to entities with which they have a financial relationship, unless a specific exception applies.

Which ethical principle is most directly applied when a clinician discloses the risks and benefits of a procedure to a patient before obtaining their signature?

Answer: Informed consent / Autonomy

Informed consent operationalizes autonomy by ensuring patients have adequate information to make voluntary, knowledgeable decisions about their care.

An employee reports suspected Medicare fraud to a federal agency and is subsequently terminated. Which law most directly protects this employee?

Answer: False Claims Act whistleblower provisions

The False Claims Act contains anti-retaliation (whistleblower) provisions that protect employees who report fraud against federal healthcare programs.

A hospital's compliance committee is reviewing a potential Anti-Kickback Statute issue. Which element is essential to establish a violation?

Answer: There must be intent to induce referrals of federally reimbursed services

The Anti-Kickback Statute requires proof of intent — that remuneration was knowingly offered or paid to induce or reward referrals of items or services covered by federal healthcare programs.