CNA Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under OBRA 1987, how often must a long-term care facility conduct a comprehensive assessment of each resident?
- Every 30 days
- Every 6 months
- Annually and after significant change (Correct answer)
- Every 90 days
Correct answer: Annually and after significant change
OBRA requires a comprehensive MDS assessment annually and whenever a significant change in the resident's condition occurs.
Question 2: Which federal agency is responsible for certifying nursing assistants and maintaining the nurse aide registry?
- The Joint Commission
- State Health Departments under CMS oversight (Correct answer)
- OSHA
- The American Red Cross
Correct answer: State Health Departments under CMS oversight
CMS oversees the nurse aide registry program, with each state health department maintaining its own registry under federal guidelines.
Question 3: A resident refuses a scheduled bath. Under resident rights regulations, the CNA should:
- Document the refusal and respect the resident's decision (Correct answer)
- Insist on the bath to prevent skin breakdown
- Report the resident as non-compliant to the charge nurse immediately
- Ask a family member to convince the resident
Correct answer: Document the refusal and respect the resident's decision
Residents have the right to refuse treatment or care; the CNA must document the refusal and inform the nurse.
Question 4: What does the term 'respondeat superior' mean in the context of CNA liability?
- CNAs must respond to all call lights within a set timeframe
- An employer may be held liable for the negligent acts of an employee (Correct answer)
- Supervisors must answer for their own mistakes only
- Residents have the right to respond to any complaint against staff
Correct answer: An employer may be held liable for the negligent acts of an employee
Respondeat superior is a legal doctrine holding employers responsible for the negligent actions of their employees performed within the scope of employment.
Question 5: Which of the following best describes 'false imprisonment' as it applies to long-term care?
- Physically striking a resident
- Threatening to report a resident to authorities
- Restraining a resident without proper authorization or consent (Correct answer)
- Refusing to give a resident their medication
Correct answer: Restraining a resident without proper authorization or consent
False imprisonment occurs when a person is unlawfully confined or restrained without consent or legal justification.
Question 6: A CNA discovers that a co-worker has been stealing personal items from residents. The CNA is legally obligated to:
- Confront the co-worker directly and warn them to stop
- Document the observation and report it to a supervisor (Correct answer)
- Contact law enforcement without telling the supervisor
- Do nothing unless a resident makes a formal complaint
Correct answer: Document the observation and report it to a supervisor
CNAs are mandated reporters and must document and report suspected abuse, neglect, or exploitation to a supervisor.
Question 7: Under HIPAA, a CNA may share a resident's health information with:
- Any staff member who asks
- Members of the care team directly involved in the resident's treatment (Correct answer)
- The resident's neighbors if they express concern
- Local media if a public health issue is suspected
Correct answer: Members of the care team directly involved in the resident's treatment
HIPAA permits sharing protected health information only with those directly involved in the patient's care on a need-to-know basis.
CNA Regulatory Compliance & Legal Framework 2
Under OBRA 1987, how often must a long-term care facility conduct a comprehensive assessment of each resident?