CNHA Ethics and Legal Issues 3

Question 1

Under federal regulations, which of the following financial rights is included in the nursing home Resident Bill of Rights?

Accepted Answer

The right to manage their own financial affairs or designate a trusted representative to do so

Answer

The right to select any roommate of their choice regardless of clinical needs

Answer

The right to access their personal and medical records within 24 hours of request

Answer

The right to have family members present during all medical procedures and examinations

Question 2

The Minimum Data Set (MDS) assessment carries significant ethical and legal implications because:

Accepted Answer

It drives Medicare reimbursement calculations and must be completed accurately and honestly

Answer

It determines which residents can be admitted to or discharged from the facility

Answer

It legally replaces the physician's orders for care planning in skilled nursing facilities

Answer

It is fully confidential and cannot be reviewed or requested by state surveyors

Question 3

When a state surveyor cites a deficiency related to resident rights during an annual survey, the administrator should:

Accepted Answer

Accept valid findings, develop a written plan of correction, and implement systemic improvements

Answer

Challenge every finding aggressively in writing to protect the facility's reputation and ratings

Answer

Immediately terminate all staff members involved in the cited deficiency

Answer

Request the survey be postponed pending internal review and voluntary corrections

Question 4

The federal Anti-Kickback Statute as applied to long-term care primarily prohibits:

Accepted Answer

Offering or receiving anything of value to induce or reward referrals of federal healthcare program business

Answer

Charging residents for services already covered under their Medicare Part A benefit

Answer

Hiring unlicensed staff without verifying their credentials in the OIG exclusion database

Answer

Accepting Medicaid residents in numbers exceeding the facility's licensed bed capacity

Question 5

Civil monetary penalties (CMPs) may be imposed on a nursing home by CMS for which of the following?

Accepted Answer

Failure to correct cited survey deficiencies within the specified correction timeframe

Answer

Any complaint submitted by a resident or family member to the state agency

Answer

Employing staff members who are represented by a collective bargaining unit

Answer

Having a survey deficiency that was subsequently corrected within the exit conference

Question 6

In the context of nursing home liability, 'corporate negligence' refers to:

Accepted Answer

The facility's own liability for systemic institutional failures such as inadequate staffing, training, or policies

Answer

A situation in which a corporation is too large to be held responsible for harm to individual residents

Answer

Criminal negligence committed directly by corporate officers and board members

Answer

A legal theory applied when multiple facilities under one owner all share a single negligence claim

Question 7

Under federal regulations, when is the use of physical restraints on a nursing home resident legally permissible?

Accepted Answer

When the resident or their surrogate provides informed consent after less restrictive alternatives have been tried

Answer

Whenever a physician writes an order for restraints citing a safety concern for the resident

Answer

Only in emergency situations and for a duration not exceeding 12 consecutive hours

Answer

When a family member formally requests restraints in writing to prevent the resident from falling