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Test Bank for Legal and Ethical Aspects of Health Information Management 4th Edition by McWay

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By: McWay

Edition: 4th Edition

Format: Downloadable ZIP Fille

Resource Type: Test bank

Duration: Unlimited downloads

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Test Bank for Legal and Ethical Aspects of Health Information Management 4th Edition by McWay

DESCRIPTION – CHAPTER SAMPLE

McWay_Chapter01_Exam

MULTIPLE CHOICE

  1. Standards for human behavior are established through _____.
a.conceptsc.moral principles
b.lawsd.societal ideals

ANS:  B                    PTS:   1

 

  1. Under civil law, the burden of proof is described as a _____.
a.determination to be met by the presiding judge at the trial
b.meeting of the minds where at least two persons or entities must reach an agreement
c.preponderance of the evidence, which is defined as “more likely than not”
d.requirement that something be proven beyond a reasonable doubt

ANS:  C                    PTS:   1

  1. Which statement is associated with civil law?
a.Defendants who do not pay court-assessed damages are imprisoned.
b.It is an area of law and justice that attempts to settle disputes among individuals.
c.Its body of law involves the state versus individuals and relies on statutory law.
d.Either plaintiff or defendant can be found partially right or wrong, but not both.

ANS:  B                    PTS:   1

  1. The plaintiff is always the state or federal government in _____ law.
a.contractc.criminal
b.Civild.private

ANS:  C                    PTS:   1

  1. Which statement is associated with criminal law?
a.The defendant is always the state or federal government.
b.Only the plaintiff may appeal a decision.
c.Punishment may be a fine or imprisonment.
d.Federal statutes alone establish criminal law.

ANS:  C                    PTS:   1

  1. The burden of proof is “beyond a reasonable doubt” during a _____ trial?
a.civilc.contract
b.conflictd.criminal

ANS:  D                    PTS:   1

  1. Which statement is associated with a criminal trial?
a.Only the defendant may appeal a guilty verdict in a criminal case.
b.Each defendant is initially assigned a court-appointed lawyer.
c.State and federal statutes establish civil laws (or private laws).
d.The burden of proof is on the defendant named in the case.

ANS:  A                    PTS:   1

  1. Consensus ad idem is Latin for the element of a contract associated with _____.
a.obligationc.consideration
b.acceptanced.meeting of the minds

ANS:  D                    PTS:   1

  1. Consideration is an element of contract law that refers to _____.
a.business etiquette
b.exchange from one party in return for performing contractual obligations
c.one party’s agreement to a promise
d.an entity’s decision to enter into a contract

ANS:  B                    PTS:   1

  1. In Mordecai vs. Blue Cross/Blue Shield of Alabama, the court determined that _____.
a.a patient cannot sue their health insurance company for breach of contract because that is prohibited by statutory law
b.terms of an insurance policy cannot be altered after inception because the patient pays a monthly premium for insurance coverage and signing the contract protects the insurance company
c.the insurance company had the right to deny payment for major medical expenses regardless of whether procedures and services performed were medically necessary.
d.the insured had the right to proceed against the insurance company for breach of contract to determine whether it had correctly determined that patient care was not medically necessary

ANS:  D                    PTS:   1

  1. The first 10 amendments to the U.S. Constitution are called _____.
a.Judicial Declarationsc.Executive Orders
b.The Bill of Rightsd.Titles of Nobility

ANS:  B                    PTS:   1

  1. Which of the following is associated with the Bill of Rights?
a.protects the rights to freedom of speech and religion.
b.provides the right to vote for those age 18 and above.
c.allows unlimited rights to sue states in federal court.
d.includes equality of rights under the law regardless of gender.

ANS:  A                    PTS:   1

  1. Which constitutional amendment prohibits double jeopardy?
a.Firstc.Second
b.Fifthd.Sixth

ANS:  B                    PTS:   1

  1. Which is associated with the Fifth Amendment of the Constitution?
a.Accused person may not be compelled to testify against himself.
b.Guards against searches, arrests, and seizures of property without a specific warrant or a “probable cause.”
c.Guarantees a speedy public trial for criminal offenses.
d.Forbids excessive bail or fines, and cruel and unusual punishment.

ANS:  A                    PTS:   1

  1. Laws passed at the local level are called _____.
a.billsc.precedence
b.ordinancesd.statutes

ANS:  B                    PTS:   1

  1. From a statutory perspective, CFR is an abbreviation for _____.
a.Campaign Finance Reformc.Code of Federal Regulations
b.Case Fatality Rated.Council of Foreign Relations

ANS:  C                    PTS:   1

  1. HIPAA is the abbreviation for the _____.
a.Healthcare Information and Payer Accessibility Act
b.Health Information Provider and Accessibility Act
c.Health Insurance Portability and Accountability Act
d.Healthcare Insurance and Payer Accountability Act

ANS:  C                    PTS:   1

  1. Criminal law is subdivided into _____ categories.
a.felony and misdemeanorc.procedural and administrative
b.ordinal and substantived.substantive and procedural

ANS:  D                    PTS:   1

  1. A felony is defined as a crime _____.
a.for which probation is always assigned
b.involving civil or private law
c.of grave or serious nature
d.that is punishable by a term of less than 1 year

ANS:  C                    PTS:   1

  1. Which subcategory of criminal law defines specific offenses?
a.misdemeanorc.statute
b.procedurald.substantive

ANS:  D                    PTS:   1

  1. Primary sources of public law include _____.
a.law of contracts or tortsc.policies and procedures
b.law of obligationsd.statutes and penal law

ANS:  D                    PTS:   1

  1. A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. Thus, it _____.
a.defines principles for individuals, not the nation or state in which it is based
b.delineates procedures by which a court awards the defendant monetary damages
c.is considered the fundamental law of a nation or state
d.undergoes interpretation according to modern day statutes and regulations

ANS:  C                    PTS:   1

  1. Under stare decisis, _____.
a.U.S. Courts of Appeal are bound by trial court decisions of U.S. district courts in other jurisdictions
b.U.S. district courts are bound by decisions of both the U.S. Courts of Appeal and U.S. Supreme Court within the same geographic area
c.U.S. Supreme Court is bound by decisions of all U.S. courts of appeal within different jurisdictions
d.U.S. Supreme Court is obligated to follow precedent, regardless of decisions in Courts of Appeal or district courts

ANS:  B                    PTS:   1

  1. Which describes the doctrine of res judicata?
a.Appeals to a court decision are prohibited, and a plaintiff would be required to stand before the Supreme Court.
b.Final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.
c.Parties of a lawsuit have the option of bringing a subsequent action raising the same claim or demand.
d.Plaintiff can re-prosecute the defendant if a valid final judgment was administered by the court.

ANS:  B                    PTS:   1

  1. An electronic case filing system (ECFS) is an automated system that _____.
a.allows the general public to search pleadings and testimony
b.eliminates the need to charge a fee for the search
c.is rarely a component for case management
d.prohibits the processing and exchange of information

ANS:  A                    PTS:   1

  1. The government’s separation of powers include _____.
a.division of power that allows one branch to dominate another when deemed necessary
b.judicial, legislative and congressional branches headed by Congress
c.a provision that each branch may exercise powers involving other branches
d.a system of checks and balances that is referred to as the separation of powers

ANS:  D                    PTS:   1

  1. GINA _____.
a.addresses perceived areas of discrimination in employment and insurance
b.is the abbreviation for Genetic Insurance Nondiscrimination Act
c.prohibits the interaction of all three branches of government for enforcement
d.replaces the HIPAA statute regarding implementation of the privacy rule

ANS:  A                    PTS:   1

  1. The legislative branch of government _____.
a.enforces and administers laws (statutes)
b.includes the Senate and the House of Representatives
c.interprets laws through adjudication and resolution of disputes
d.promulgates rules and regulations within specialized subject matter

ANS:  B                    PTS:   1

  1. The chief executive branch of government issues executive orders that interprets _____.
a.and implements and/or gives administrative effect to provisions of the constitution or laws
b.individual rules or regulations, which were written by administrative agencies
c.laws (statutes) through the adjudication and resolution of disputes
d.relevant constitutional provisions, federal/state statutes, regulations, and court decisions

ANS:  A                    PTS:   1

  1. In deciding a dispute, the court or judicial branch _____.
a.applies laws that were enacted by a majority vote only
b.considers irrelevant statutes and unconstitutional provisions
c.does not have the authority to settle disputes
d.may apply the doctrines of stare decisis and res judicata

ANS:  D                    PTS:   1

  1. Quasi-legal requirements may involve which of the following?
a.moralsc.licensure
b.federal regulationsd.statutes

ANS:  C                    PTS:   1

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