CPHRM Legal Issues 2

Question 1

Under EMTALA, a hospital with an emergency department must provide a medical screening examination to:

Accepted Answer

Any individual who presents seeking examination or treatment

Answer

EMTALA requires hospitals to provide a medical screening exam to any individual who presents to the emergency department, regardless of insurance status or ability to pay.

Question 2

A hospital risk manager learns that a physician has been performing procedures without current privileges for that specific procedure. The FIRST action should be:

Accepted Answer

Suspend the physician's ability to perform that procedure and initiate a peer review

Answer

The immediate priority is patient safety by stopping the unauthorized procedures, followed by a formal peer review process through the credentialing committee.

Question 3

The legal doctrine of res ipsa loquitur allows a plaintiff to establish negligence without direct proof when:

Accepted Answer

The injury would not ordinarily occur without negligence and the defendant had control

Answer

Res ipsa loquitur applies when the injury speaks for itself — it wouldn't normally occur without negligence and the defendant controlled the instrumentality causing harm.

Question 4

Which federal law requires healthcare organizations to establish and maintain written policies on advance directives for adult patients?

Accepted Answer

The Patient Self-Determination Act (PSDA)

Answer

The Patient Self-Determination Act requires Medicare and Medicaid participating facilities to inform patients of their rights to make decisions including advance directives.

Question 5

A nurse overhears a patient threaten to harm a specific person upon discharge. Under the Tarasoff duty, the provider's obligation is to:

Accepted Answer

Warn the identifiable potential victim and notify authorities

Answer

The Tarasoff decision established that mental health professionals have a duty to protect identifiable third parties from credible threats, which may include warning the potential victim and/or notifying law enforcement.

CPHRM Exam Practice Test

CPHRM Exam Practice Test

CPHRM Legal Issues 2