CMAA Medical Law and Ethics 4 — Questions and Answers
Question 1: A patient requests that their medical records not be shared with their adult children. Under HIPAA, the medical office must:
- Share records with family if they are listed as emergency contacts
- Honor the patient's request and restrict disclosure to the adult children (Correct answer)
- Disclose records to immediate family members regardless of patient wishes
- Require the patient to submit the request in writing before honoring it
Correct answer: Honor the patient's request and restrict disclosure to the adult children
HIPAA grants competent adult patients the right to restrict who receives their health information, including family members.
Question 2: Which legal doctrine holds that a physician is responsible for the negligent actions of employees working under their supervision?
- Res ipsa loquitur
- Respondeat superior (Correct answer)
- Contributory negligence
- Assumption of risk
Correct answer: Respondeat superior
Respondeat superior ('let the master answer') makes employers liable for employees' negligent acts performed within the scope of employment.
Question 3: A medical administrative assistant discovers a coworker accessing patient records without a legitimate work reason. The BEST first action is to:
- Confront the coworker directly
- Ignore it as it is not their responsibility
- Report the incident to the privacy officer or supervisor (Correct answer)
- Document it personally and monitor for recurrence
Correct answer: Report the incident to the privacy officer or supervisor
Unauthorized access to patient records is a HIPAA violation that must be reported to the designated privacy officer or supervisor promptly.
Question 4: Which type of consent is implied when a patient extends their arm for a routine blood draw without verbal agreement?
- Informed consent
- Expressed consent
- Implied consent (Correct answer)
- Emergency consent
Correct answer: Implied consent
Implied consent is inferred from a patient's actions or conduct, such as extending an arm for a blood draw.
Question 5: The ethical principle of 'nonmaleficence' in healthcare means:
- Treating all patients equally regardless of background
- Doing no harm to the patient (Correct answer)
- Respecting the patient's right to make decisions
- Providing beneficial care to improve patient outcomes
Correct answer: Doing no harm to the patient
Nonmaleficence is the duty to avoid causing harm, summarized by the phrase 'first, do no harm.'
Question 6: A patient who is a minor arrives alone for a routine physical. Under most state laws, parental consent is NOT required when:
- The minor is 14 years old
- The minor is being treated for a sports injury
- The minor is emancipated (Correct answer)
- The minor has a chronic illness
Correct answer: The minor is emancipated
Emancipated minors are legally recognized as adults and can consent to their own medical treatment without parental involvement.
Question 7: Which document outlines a patient's wishes regarding end-of-life care in the event they become incapacitated?
- A living will (Correct answer)
- A durable power of attorney for finances
- A HIPAA authorization form
- A medical release form
Correct answer: A living will
A living will is an advance directive that specifies a patient's wishes for medical treatment if they are unable to communicate.
CMAA Medical Law and Ethics 4
A patient requests that their medical records not be shared with their adult children.
Under HIPAA, the medical office must: