CPHRM Legal Issues 3

Question 1

Which element is NOT required to establish a claim of medical malpractice?

Accepted Answer

Proof of intentional misconduct

Answer

Medical malpractice is a negligence claim requiring duty, breach, causation, and damages — intentional misconduct is not required and would constitute a separate tort.

Question 2

The Health Insurance Portability and Accountability Act (HIPAA) permits disclosure of protected health information without patient authorization for:

Accepted Answer

Treatment, payment, and healthcare operations

Answer

HIPAA's TPO exception permits disclosure of PHI without authorization for treatment, payment, and healthcare operations activities.

Question 3

A risk manager reviewing a case notices a nurse's note was altered after an adverse event without documentation of the correction. This situation presents a risk of:

Accepted Answer

Spoliation of evidence and potential fraud claims

Answer

Altering medical records after an adverse event without proper correction notation can constitute spoliation of evidence, obstruction of justice, and fraud, dramatically increasing litigation risk.

Question 4

Under the False Claims Act, a qui tam relator is best described as:

Accepted Answer

A private individual who files a lawsuit on behalf of the government alleging fraud

Answer

The False Claims Act's qui tam provision allows private citizens (whistleblowers) to file suit on behalf of the government and share in any recovery for reporting fraudulent claims.

Question 5

A patient who lacks decision-making capacity requires emergency surgery and no surrogate is available. The ethically and legally appropriate action is to:

Accepted Answer

Proceed with surgery under the emergency exception to informed consent

Answer

In a true emergency where treatment cannot be delayed, the law recognizes an exception to informed consent, allowing providers to act in the patient's best interest.

CPHRM Exam Practice Test

CPHRM Exam Practice Test

CPHRM Legal Issues 3