TAGME Legal, Ethical, and Policy Frameworks in GME 5

Question 1

A resident files a complaint with the Equal Employment Opportunity Commission (EEOC) alleging sex discrimination. During the investigation, the GME office is legally prohibited from:

Accepted Answer

Taking adverse action against the resident for filing the complaint

Answer

Federal anti-retaliation provisions prohibit any adverse employment action against an individual for filing an EEOC complaint, regardless of its merits.

Question 2

Under the Family and Medical Leave Act (FMLA), which of the following statements about resident leave is CORRECT?

Accepted Answer

Residents at institutions with fewer than 50 employees are not covered by FMLA

Answer

FMLA applies only to employers with 50 or more employees within a 75-mile radius, so residents at smaller sponsoring institutions may not be covered.

Question 3

When a resident's due process rights are at stake during a disciplinary proceeding, which document serves as the PRIMARY source of procedural guarantees in GME?

Accepted Answer

The institution's housestaff agreement or resident contract

Answer

The housestaff agreement or resident contract is the primary contractual document that specifies procedural due process rights and remedies available to residents.

Question 4

A sponsoring institution is considering using a third-party staffing agency to supplement resident coverage during a shortage. This arrangement is problematic primarily because:

Accepted Answer

It may compromise program accreditation if educational objectives are not maintained for enrolled residents

Answer

Using outside coverage in ways that reduce residents' supervised educational experiences can jeopardize program compliance with ACGME educational standards.

Question 5

Which of the following best describes the legal concept of 'ostensible agency' as it applies to GME risk management?

Accepted Answer

A hospital may be held liable for a resident's negligence even if the resident is employed by the medical school, if patients reasonably believed the hospital employed them

Answer

Ostensible agency (apparent agency) holds that hospitals can be vicariously liable for residents' negligence when patients reasonably perceive the resident as a hospital employee.

TAGME - Training Administrators of Graduate Medical Education Practice Test

TAGME - Training Administrators of Graduate Medical Education Practice Test

TAGME Legal, Ethical, and Policy Frameworks in GME 5