Medical Law and Ethics Flashcards

A CMAA at a busy practice accidentally faxes a patient's laboratory results to the patient's employer instead of their referring physician. This action is a potential violation of which of the following?

Answer: The Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule establishes national standards to protect individuals' medical records and other individually identifiable health information (collectively defined as “protected health information” or PHI). Sending PHI to an unauthorized entity, such as a patient's employer, without the patient's express consent is a clear violation of these privacy standards.

A patient is admitted to the hospital and is given a document that outlines their rights to make decisions about their medical care, including the right to accept or refuse treatment and to formulate advance directives. Which federal law requires the hospital to provide this information?

Answer: Patient Self-Determination Act (PSDA)

The Patient Self-Determination Act (PSDA) of 1990 requires hospitals, nursing homes, and other healthcare facilities that receive Medicare and Medicaid funding to inform patients of their rights to make decisions concerning their medical care. This includes the right to accept or refuse treatment and the right to formulate advance directives, such as living wills or durable powers of attorney for healthcare.

The legal doctrine 'respondeat superior' holds an employer liable for the negligent actions of an employee committed within the scope of their employment. Which of the following scenarios BEST illustrates this principle in a medical office?

Answer: A CMAA incorrectly enters a patient's allergy information, leading to an adverse reaction from a prescribed medication.

'Respondeat superior,' which translates to 'let the master answer,' is a legal doctrine stating that an employer is responsible for the wrongful acts of an employee if those acts occur within the scope of their employment. In this scenario, the CMAA's data entry is a core job function, and the error occurred while performing that function, making the employing medical practice potentially liable for the resulting harm.

For which of the following procedures is obtaining written informed consent MOST likely required?

Answer: A minor surgical procedure performed in the office, such as a mole removal.

Informed consent is a process where a provider educates a patient about the risks, benefits, and alternatives of a given procedure. While consent is a part of all medical care, written informed consent is typically required for procedures that carry a material risk, such as surgeries (even minor ones), biopsies, and other invasive tests.

A patient's attorney calls the medical office requesting a copy of their client's complete medical record for a disability claim. Which of the following is the MOST appropriate initial action for the CMAA to take?

Answer: Request a written, HIPAA-compliant authorization form signed by the patient before releasing any information.

Under HIPAA, protected health information (PHI) cannot be released to a third party, including an attorney, without proper authorization from the patient. The CMAA must first obtain a valid, written authorization that is signed by the patient and specifies exactly what information is to be released and to whom. This ensures the patient's privacy is protected and the disclosure is legally compliant.

Which of the following constitutes an example of administrative malpractice by a CMAA?

Answer: Failing to record a patient's stated allergy to penicillin, leading to an incorrect prescription.

Medical malpractice is not limited to clinical staff; administrative errors can also lead to patient harm and legal liability. Failing to accurately record critical information like a known allergy is a breach of the standard of care for an administrative role. If this error leads directly to patient harm, it can be considered administrative malpractice.