CMA Medical Law and Ethics 4 — Questions and Answers
Question 1: Under the Health Insurance Portability and Accountability Act (HIPAA), the 'minimum necessary' standard means:
- Only the minimum number of staff should access patient records
- Only the minimum amount of PHI needed for a task should be used or disclosed (Correct answer)
- Patients receive only minimal information about their treatment
- Providers must use only the least expensive treatment
Correct answer: Only the minimum amount of PHI needed for a task should be used or disclosed
The minimum necessary standard requires that access to and disclosure of PHI be limited to only what is needed to accomplish the intended purpose.
Question 2: A physician terminates the patient-physician relationship without giving the patient adequate notice or a referral. This is known as:
- Negligence
- Abandonment (Correct answer)
- Battery
- Fraud
Correct answer: Abandonment
Medical abandonment occurs when a provider unilaterally ends a patient relationship without proper notice or ensuring continuity of care.
Question 3: Which law established federal criminal penalties for healthcare fraud and abuse, including Medicare and Medicaid fraud?
- HIPAA
- False Claims Act
- Anti-Kickback Statute
- Health Care Fraud Statute (18 U.S.C. § 1347) (Correct answer)
Correct answer: Health Care Fraud Statute (18 U.S.C. § 1347)
The Health Care Fraud Statute (18 U.S.C. § 1347) makes it a federal crime to knowingly execute a scheme to defraud any healthcare benefit program.
Question 4: What is the legal concept that sets the time limit within which a malpractice lawsuit must be filed?
- Statute of limitations (Correct answer)
- Standard of care
- Res judicata
- Sovereign immunity
Correct answer: Statute of limitations
The statute of limitations defines the maximum time after an event within which legal proceedings may be initiated; it varies by state for malpractice claims.
Question 5: A medical assistant is asked to witness a patient's signature on an informed consent form. The MA's role is to:
- Explain the procedure's risks and benefits in detail
- Ensure the patient is competent and signing voluntarily (Correct answer)
- Verify that the physician has already obtained consent
- Administer the procedure after witnessing the signature
Correct answer: Ensure the patient is competent and signing voluntarily
As a witness, the MA's role is to attest that the patient appeared competent and signed voluntarily, not to provide medical explanations.
Question 6: Which of the following situations requires mandatory reporting by a medical assistant in most US states?
- A patient with controlled diabetes
- Suspected child abuse or neglect (Correct answer)
- A patient's terminal cancer diagnosis
- A patient requesting a second medical opinion
Correct answer: Suspected child abuse or neglect
All US states require healthcare workers to report suspected child abuse or neglect to appropriate authorities, regardless of patient confidentiality.
Question 7: The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving anything of value to induce referrals of services covered by:
- Private insurance only
- Federal healthcare programs like Medicare and Medicaid (Correct answer)
- All insurance plans including employer-sponsored plans
- Only Medicaid for low-income patients
Correct answer: Federal healthcare programs like Medicare and Medicaid
The Anti-Kickback Statute applies specifically to federal healthcare programs (Medicare, Medicaid) and prohibits financial incentives that could improperly influence referrals.
CMA Medical Law and Ethics 4
Under the Health Insurance Portability and Accountability Act (HIPAA), the 'minimum necessary' standard means: