Specialty Certified Medical Assistant Medical Law and Ethics 1 — Questions and Answers
Question 1: Which federal law primarily governs the privacy of patient health information in the United States?
- OSHA
- HIPAA (Correct answer)
- ADA
- CLIA
Correct answer: HIPAA
HIPAA (Health Insurance Portability and Accountability Act) establishes national standards for protecting sensitive patient health information.
Question 2: A patient requests to see their own medical records. Under HIPAA, how long does the practice have to respond?
- 5 business days
- 30 days, with a possible 30-day extension (Correct answer)
- 60 days with no extensions
- 7 calendar days
Correct answer: 30 days, with a possible 30-day extension
HIPAA requires covered entities to provide access to medical records within 30 days, with one 30-day extension allowed if needed.
Question 3: What is informed consent in the context of medical care?
- The patient's verbal agreement to any treatment the provider recommends
- A patient's voluntary agreement to a procedure after understanding its risks, benefits, and alternatives (Correct answer)
- A legal form signed by the patient waiving all rights to sue the provider
- Permission granted by a patient's insurance company for a procedure
Correct answer: A patient's voluntary agreement to a procedure after understanding its risks, benefits, and alternatives
Informed consent requires that the patient understand and voluntarily agree to a proposed treatment after being fully informed of relevant risks, benefits, and alternatives.
Question 4: Which of the following is an example of a HIPAA violation?
- Sharing patient records with another treating physician involved in the patient's care
- Discussing a patient's diagnosis in a crowded elevator where others may overhear (Correct answer)
- Sending lab results to the patient's designated representative
- Documenting a patient's visit in an EHR with role-based access controls
Correct answer: Discussing a patient's diagnosis in a crowded elevator where others may overhear
Discussing patient information in public areas where unauthorized persons may overhear is a breach of patient privacy and violates HIPAA.
Question 5: What is the legal term for unauthorized touching of a patient without consent, even if no harm results?
- Negligence
- Malpractice
- Battery (Correct answer)
- Slander
Correct answer: Battery
Battery in medical law refers to unauthorized physical contact with a patient, which can occur even without harmful intent if consent was not obtained.
Question 6: A 15-year-old patient seeks treatment for a sexually transmitted infection (STI) without parental knowledge. Under most US state laws, this patient is considered a:
- Minor who requires parental consent for all treatments
- Mature minor who may consent to STI treatment independently (Correct answer)
- Emancipated minor with full adult rights
- Dependent who cannot receive treatment without a guardian present
Correct answer: Mature minor who may consent to STI treatment independently
Most US states allow minors to consent to STI diagnosis and treatment without parental involvement to encourage timely care.
Which federal law primarily governs the privacy of patient health information in the United States?