CMA Medical Law and Ethics 5 — Questions and Answers
Question 1: A patient requests a copy of their medical records. Under HIPAA, the covered entity must provide access within:
- 7 calendar days
- 30 calendar days (extendable by 30 more with notice) (Correct answer)
- 60 calendar days
- 90 business days
Correct answer: 30 calendar days (extendable by 30 more with notice)
HIPAA requires covered entities to provide patients access to their records within 30 calendar days, with one 30-day extension allowed if the patient is notified.
Question 2: Which ethical principle requires that healthcare resources and treatment be distributed fairly among patients?
- Nonmaleficence
- Autonomy
- Veracity
- Justice (Correct answer)
Correct answer: Justice
Justice in medical ethics requires fair, equitable treatment and distribution of healthcare resources without bias or discrimination.
Question 3: A medical assistant accidentally sends a patient's lab results to the wrong fax number. This is considered a HIPAA:
- Violation requiring no further action if unintentional
- Breach that must be assessed using a four-factor risk analysis (Correct answer)
- Criminal offense punishable by immediate imprisonment
- Minor infraction requiring only a verbal warning
Correct answer: Breach that must be assessed using a four-factor risk analysis
Any impermissible disclosure of PHI is a potential breach and must be evaluated through HIPAA's four-factor risk analysis to determine if notification is required.
Question 4: Which of the following best describes 'expressed consent'?
- Consent implied by a patient's actions, such as rolling up their sleeve for a blood draw
- Consent clearly communicated verbally or in writing by the patient (Correct answer)
- Consent given by a legal guardian on behalf of a minor
- Consent assumed in emergency situations when the patient is unconscious
Correct answer: Consent clearly communicated verbally or in writing by the patient
Expressed consent is explicitly communicated by the patient, either verbally or in written form, as opposed to implied consent.
Question 5: Under the Occupational Safety and Health Administration (OSHA) Bloodborne Pathogen Standard, employers must provide hepatitis B vaccination to employees who have occupational exposure:
- Only if the employee requests it and pays a co-pay
- At no cost to the employee within 10 days of assignment (Correct answer)
- Only after the employee has a needlestick injury
- Annually as a booster requirement
Correct answer: At no cost to the employee within 10 days of assignment
OSHA's Bloodborne Pathogen Standard requires employers to offer HBV vaccination at no cost to employees with occupational exposure within 10 working days of assignment.
Question 6: A patient shares information about a plan to harm a specific third party. The Tarasoff duty requires the provider to:
- Maintain strict confidentiality under all circumstances
- Warn the identifiable potential victim and notify appropriate authorities (Correct answer)
- Involuntarily commit the patient immediately
- Document the threat but take no further action
Correct answer: Warn the identifiable potential victim and notify appropriate authorities
The Tarasoff duty (duty to warn/protect) requires providers to take reasonable steps to protect identifiable third parties when a patient makes credible threats of harm.
Question 7: Which document allows a patient to specify in advance that they do not want cardiopulmonary resuscitation performed if their heart stops?
- Durable power of attorney for finances
- Do-Not-Resuscitate (DNR) order (Correct answer)
- POLST (Physician Orders for Life-Sustaining Treatment)
- General consent form
Correct answer: Do-Not-Resuscitate (DNR) order
A Do-Not-Resuscitate (DNR) order is a physician's order specifying that CPR should not be attempted if the patient's heart or breathing stops.
CMA Medical Law and Ethics 5
A patient requests a copy of their medical records.
Under HIPAA, the covered entity must provide access within: