MPT (Law) 5 — Questions and Answers
Question 1: A PT documents that a patient 'tolerated treatment well' when in fact the patient reported significant pain during the session. This documentation is best described as:
- A permissible abbreviation of clinical findings
- Fraudulent or misleading documentation that misrepresents the clinical encounter (Correct answer)
- An acceptable narrative summary
- Required Medicare progress note language
Correct answer: Fraudulent or misleading documentation that misrepresents the clinical encounter
Documenting outcomes that contradict the patient's actual reported experience constitutes misleading documentation, which can constitute fraud and exposes the PT to liability.
Question 2: Which law requires that emergency medical treatment be provided regardless of a patient's ability to pay or insurance status, relevant to PTs working in emergency settings?
- HIPAA
- EMTALA (Emergency Medical Treatment and Labor Act) (Correct answer)
- Stark Law
- COBRA
Correct answer: EMTALA (Emergency Medical Treatment and Labor Act)
EMTALA requires Medicare-participating hospitals to provide emergency medical screening and stabilization regardless of a patient's ability to pay.
Question 3: A PT's malpractice insurance policy provides 'claims-made' coverage. The PT retires and cancels the policy. A patient then files a claim for an injury that occurred during active coverage. The PT:
- Is covered because the injury occurred during active practice
- May not be covered unless tail coverage (extended reporting period) was purchased (Correct answer)
- Is always covered by their state licensing board
- Is protected by HIPAA from lawsuits after retirement
Correct answer: May not be covered unless tail coverage (extended reporting period) was purchased
Claims-made policies only cover claims filed while the policy is active; tail coverage must be purchased to cover claims filed after policy cancellation for events during active coverage.
Question 4: Under the Anti-Kickback Statute, a PT who accepts payment from a medical equipment company for referring patients to purchase their products may face:
- Only civil fines with no criminal exposure
- Criminal penalties including fines and imprisonment, plus exclusion from federal healthcare programs (Correct answer)
- No liability if referrals are documented in the medical record
- Liability only if the equipment company is not FDA-approved
Correct answer: Criminal penalties including fines and imprisonment, plus exclusion from federal healthcare programs
The Anti-Kickback Statute is a criminal law; violations can result in felony charges, substantial fines, imprisonment, and exclusion from Medicare/Medicaid.
Question 5: A PT notices a colleague routinely leaving a confused elderly patient unattended on a treatment table, resulting in repeated near-falls. The PT's legal and ethical obligation is to:
- Counsel the colleague privately and take no further action
- Report the concern through appropriate channels (supervisor, risk management, or state board) to protect patient safety (Correct answer)
- Document the incidents in their own personal notes only
- Wait until an actual injury occurs before acting
Correct answer: Report the concern through appropriate channels (supervisor, risk management, or state board) to protect patient safety
PTs have both an ethical and legal duty to report unsafe practices that put patients at risk; failure to act can result in liability for known harm that was not addressed.
Question 6: A PT is asked to sign a productivity report that understates actual visit times to inflate per-unit billing rates. Signing would make the PT:
- Liable only if the PT personally submitted the claims
- A participant in healthcare fraud, regardless of who submitted the billing (Correct answer)
- Protected by the employer's corporate liability shield
- Subject only to internal disciplinary action
Correct answer: A participant in healthcare fraud, regardless of who submitted the billing
Knowingly signing false productivity or billing records makes the PT a participant in healthcare fraud under the False Claims Act, regardless of who submits the final claim.
Question 7: Which of the following best describes the legal concept of 'informed consent' as it applies to physical therapy?
- A verbal agreement by the patient to participate in therapy
- A process in which the PT discloses the nature of treatment, material risks, benefits, alternatives, and consequences of refusal so the patient can make a voluntary decision (Correct answer)
- Signed paperwork completed at the time of the initial evaluation only
- Consent obtained by the referring physician prior to the PT encounter
Correct answer: A process in which the PT discloses the nature of treatment, material risks, benefits, alternatives, and consequences of refusal so the patient can make a voluntary decision
Informed consent is an ongoing communication process — not merely a signature — requiring disclosure of treatment details, risks, benefits, and alternatives so the patient can make an autonomous decision.
MPT (Law) 5
A PT documents that a patient 'tolerated treatment well' when in fact the patient reported significant pain during the session.
This documentation is best described as: