(Law) Flashcards

A PT working in a hospital performs an intervention outside their clinical training, resulting in patient injury. Which legal concept most directly applies?

Answer: Practice beyond scope, supporting a negligence claim

Performing interventions outside one's training and scope of practice is a basis for negligence, as it violates the expected standard of care.

A PT provides services to a patient who is enrolled in Medicaid. The PT knowingly submits a claim for a non-covered service by misrepresenting the service code. This is an example of:

Answer: Healthcare fraud under the False Claims Act

Misrepresenting services to obtain Medicaid payment constitutes healthcare fraud, prosecutable under the False Claims Act and state Medicaid fraud laws.

Which of the following is NOT a required element to prove malpractice (negligence) against a PT?

Answer: The PT's intent to cause harm

Malpractice is a negligence claim and does not require proof of intent to harm — only duty, breach, causation, and damages must be established.

An employer requires a PT to perform a pre-employment physical that screens out applicants with disabilities unrelated to job performance. Under the ADA, this is:

Answer: Unlawful disability discrimination

The ADA prohibits using medical examinations to screen out applicants based on disabilities unless the disability directly affects ability to perform essential job functions.

When a PT student intern performs a treatment under the direct supervision of a licensed PT, who bears primary legal responsibility for the treatment?

Answer: The supervising licensed PT

The supervising licensed PT bears primary legal responsibility for treatments performed by students under their direct supervision.

A PT discloses a patient's diagnosis to the patient's employer without written authorization. Under HIPAA, this disclosure is:

Answer: A HIPAA Privacy Rule violation unless an exception applies

Disclosing PHI to an employer without patient authorization or a recognized HIPAA exception violates the Privacy Rule and can result in civil and criminal penalties.

A state PT practice act establishes that PTs may practice under 'direct access' without a physician referral. A PT practicing in that state without a referral is:

Answer: Acting within the law if direct access is permitted by state statute

Direct access is legal when expressly authorized by the state PT practice act, though separate payer requirements (e.g., Medicare referral rules) may still apply for reimbursement.