1) Legal disputes with the medical staff must be avoided if at all possible because (Points: 3) Collusion with the medical staff violates antitrust laws Physicians are hospital employees Such disputes are disruptive and expensive Physicians are solely responsible for admitting patients Question 2. "Corporate liability" refers to which of the following? (Points: 3) A corporation's responsibility for the acts of its employees Use of reasonable care in appointing members of the medical staff Medical malpractice insurance coverage Medicare Conditions of Participation Question 3. A significant aspect of the Health Care Quality Improvement Act is that it (Points: 3) Creates a national data bank on peer review activities Establishes a national board of appeals for peer review decisions Requires hospitals to immediately suspend any physician suspected of misconduct Allows courts to substitute their judgments about decisions to suspend a physician's privileges Question 4. Of the following legal issues, which is most likely to be of concern in the peer review process? (Points: 3) Licensure Criminal background checks Medical society membership Confidentiality of peer review records Question 5. Which of the following is not commonly a function of the organized medical staff? (Points: 3) Providing continuing medical education Serving as a liaison between physicians and the governing board Doing background checks on applications for medical staff privileges Investigating Medicare and Medicaid fraud by physicians Question 6. Who has ultimate responsibility for the quality of care rendered in a healthcare Organization? (Points: 3) Governing board (board of directors/trustees) Chief of the medical staff Medical executive committee Medical staff credentialing committee Question 7. When acting on applications for medical staff privileges, both government-owned and private hospitals must provide procedural due process. (Points: 3) True False Question 8. In cases involving discipline of medical staff members, an allegation of "unprofessional conduct" is too vague and subjective to be a valid standard. (Points: 3) True False Question 9. Under common-law principles, for many years private hospitals were essentially free of court intervention in decisions about medical staff appointments. (Points: 3) True False Question 10. A hospital enters into an exclusive contract with a physician or physician group to Provide specialty services (e.g., anesthesia or emergency department coverage). If that decision is challenged by a physician who has been excluded from performing those services, the courts generally defer to the hospital's decision and find in favor of the hospital (Points: 3) True False Question 11. 11. Hospitals are required by law to have an emergency department. (Points : 3) True False Question 12. 12. As a matter of common law, a physician has no duty to respond to a stranger's call for medical assistance. ...

1. 1) Legal disputes with the medical staff must be avoided if at
all possible because
(Points: 3)
Collusion with the medical staff violates antitrust laws
Physicians are hospital employees
Such disputes are disruptive and expensive
Physicians are solely responsible for admitting patients
Question 2. "Corporate liability" refers to which of the
following?
(Points: 3)
A corporation's responsibility for the acts of its employees
Use of reasonable care in appointing members of the medical
staff
Medical malpractice insurance coverage
Medicare Conditions of Participation
Question 3. A significant aspect of the Health Care Quality
Improvement Act is that it
(Points: 3)
Creates a national data bank on peer review activities
Establishes a national board of appeals for peer review
decisions
Requires hospitals to immediately suspend any physician
suspected of misconduct
Allows courts to substitute their judgments about decisions to
suspend a physician's privileges
Question 4. Of the following legal issues, which is most likely
to be of concern in the peer review process?

2. (Points: 3)
Licensure
Criminal background checks
Medical society membership
Confidentiality of peer review records
Question 5. Which of the following is not commonly a function
of the organized medical staff?
(Points: 3)
Providing continuing medical education
Serving as a liaison between physicians and the governing board
Doing background checks on applications for medical staff
privileges
Investigating Medicare and Medicaid fraud by physicians
Question 6. Who has ultimate responsibility for the quality of
care rendered in a healthcare Organization?
(Points: 3)
Governing board (board of directors/trustees)
Chief of the medical staff
Medical executive committee
Medical staff credentialing committee
Question 7. When acting on applications for medical staff
privileges, both government-owned and private hospitals must
provide procedural due process.
(Points: 3)
True
False
Question 8. In cases involving discipline of medical staff
members, an allegation of "unprofessional conduct" is too vague
and subjective to be a valid standard.

3. (Points: 3)
True
False
Question 9. Under common-law principles, for many years
private hospitals were essentially free of court intervention in
decisions about medical staff appointments.
(Points: 3)
True
False
Question 10. A hospital enters into an exclusive contract with a
physician or physician group to
Provide specialty services (e.g., anesthesia or emergency
department coverage). If that decision is challenged by a
physician who has been excluded from performing those
services, the courts generally defer to the hospital's decision
and find in favor of the hospital
(Points: 3)
True
False
Question 11. 11. Hospitals are required by law to have an
emergency department.
(Points : 3)
True
False
Question 12. 12. As a matter of common law, a physician has no
duty to respond to a stranger's call for medical assistance.
(Points : 3)

4. True
False
Question 13. 13. The federal law regarding examination and
treatment of emergency medical conditions applies only to
persons who are uninsured.
(Points : 3)
True
False
Question 14. 14. A patient in a hospital-owned ambulance is
considered to have "come to the hospital" for purposes of the
federal law on emergency medical care.
(Points : 3)
True
False
Question 15. 15. The federal law on emergency medical
conditions applies to anyone on hospital property who the
hospital determines has an emergency medical condition, even
if the individual is not in the emergency department.
(Points : 3)
True
False
Question 16. 16. Under federal law, a woman who is in labor is
considered to have an emergency condition.
(Points : 3)
True
False
Question 17. 17. To be a violation of the federal emergency

5. medical treatment law, a hospital's refusal to see a patient must
have been motivated by the patient's inability to pay.
(Points : 3)
True
False
Question 18. 18. Which of the following statements is the best
summary of a hospital's duty of care in emergency cases?
(Points : 3)
Once care has begun, the hospital has a duty to provide
reasonable treatment under the
Circumstances in the patient's best interests.
Once the patient has been screened, he should be transferred to
a public hospital if he has no
Insurance coverage.
If no attending physician is on duty, the patient should be
transferred immediately to a hospital that has a fully staffed
emergency department.
If the patient is seen by a resident or intern, the hospital will
not be liable unless that person was
negligent.
Question 19. 19. When can a patient who appears at a hospital
and asks for emergency treatment be transferred to another
facility?
(Points : 3)
Never
After the patient has been admitted and the condition is no
longer an emergency
When a transfer is in the patient's best interests, medically
speaking
When no physician is on duty
Question 20. 20. Which of the following is the best summary of

6. the purpose of a Good Samaritan Statute?
(Points : 3)
To require people to stop blind men from walking off cliffs
To protect people from liability who render aid at the scene of
an accident
To protect paramedics and other "first responders" from
lawsuits
To provide financial incentives that encourage emergency
response teams
Question 21. 21. Most states now apply which standard to
questions about what risks should be
Disclosed to the patient for informed consent?
(Points : 3)
What most reasonable physicians disclose
What The Joint Commission requires
What the American Medical Association requires
What reasonable patients would want to know
Question 22. 22. What is the most significant legal problem
with relying on oral consent?
(Points : 3)
It is prohibited by Medicare regulations.
It is a violation of the Hippocratic Oath.
It is ultra vires.
It is difficult to prove.
Question 23. 23. Which of the following is not a required
element of informed consent?
(Points : 3)
Risks
Alternatives

7. Consequences of non-consent
Insurance coverage
Question 24. 24. Which of the following was not a "right to die"
case?
(Points : 3)
In re Quinlan
Matter of Conroy
Buck v. Bell
Cruzan v. Director
Question 25. 25. "Ghost surgery" refers to what questionable
practice?
(Points : 3)
Procedures performed by a substitute physician
Exorcism
Voodoo rituals
Training of medical residents
Question 26. 26. Proof of a patient's consent is a defense
against which type of lawsuit?
(Points : 3)
Harassment
Battery
False imprisonment
Negligence
Question 27. 27. What type of consent is most commonly an
issue in a medical malpractice case?
(Points : 3)
Deathbed consent
Express consent
Informed consent

8. Testamentary consent
Question 28. 28. A patient has a right to refuse to consent to
medical treatment because
(Points: 3)
Treatment without consent is battery
It is in the Constitution
Otherwise the doctor cannot be paid
It is required by Medicare
Question 29. 29. Even if a patient is competent to consent, the
patient's spouse must also consent to the patient's major surgery
if the risk is great.
(Points : 3)
True
False
Question 30. 30. As a general rule, patients may not refuse
lifesaving treatment.
(Points : 3)
True
False
Question 31. 31. Consent forms tailored to specific procedures
should be used when the proposed treatment is other than
routine care.
(Points : 3)
True
False
Question 32. 32. A proper informed consent form must include
the technical name of any medical procedure to which the

9. patient agrees.
(Points : 3)
True
False
Question 33. 33. The proper role of a medical interpreter is to
translate literally the physician's words into the patient's native
language.
(Points : 3)
True
False
Question 34. 34. A corporation that is exempt from federal
taxation may not take a position in support ofa particular
candidate for elective office.
(Points : 3)
True
False
Question 35. 35. All income of a charitable corporation is
exempt from federal taxation.
(Points : 3)
True
False
Question 36. 36. Income from the sale of goods and services to
hospital patients is generally not taxable.
(Points : 3)
True
False

10. Question 37. 37. Tax-exempt corporations are not-for-profit, but
not all not-for-profit corporations are tax exempt.
(Points : 3)
True
False
Question 38. 38. A hospital is automatically considered a
charity.
(Points : 3)
True
False
Question 39. 39. A charitable corporation buys a new piece of
land with plans to start building a hospital in two years. On the
next property tax assessment date, the land is still vacant and
construction has not begun. In most states, what is the most
likely result of the charity's petition for exemption from real
estate taxes?
(Points : 3)
Because the charity owns the land, the property is exempt.
Because the land is not being used, the property is not exempt.
If building permits have been issued, the property is exempt.
If the charity is a church, the property is exempt.
Question 40. 40. Which of the following is not typical of the
courts' attitude toward tax exemption?
(Points : 3)
Taxation is the rule; exemption is the exception.
The burden of proof is on the one seeking the exemption.
Providing free care to the poor justifies the exemption.
Any doubts should be resolved in favor of denying the
exemption.

11. Question 41. 41. Which of the following would disqualify a
corporation from being tax exempt?
(Points : 3)
Being organized as a not-for-profit
Serving a charitable purpose
Paying dividends to shareholders
Serving a religious purpose
Question 42. 42. In the context of tax-exempt corporations, the
term "excess benefits" refers to which of the following?
(Points : 3)
A healthy employee benefits plan
Net income
The cost of health insurance
Large salaries and perks for executives
Question 43. 43. Which of the following is not a per se
(automatic) violation of the antitrust laws?
(Points 3)
Price fixing
Dividing markets
Group boycott
Monopolization
Question 44. 44. "Contracts, combinations and conspiracies in
restraint of trade" are a major focus of which statute?
(Points: 3)
McCarran-Ferguson Act
Sherman Act
Clayton Act
Federal Trade Commission Act

12. Question 45. 45. Which of the following is not one of the major
US antitrust laws?
(Points: 3)
Sherman Act
Clayton Act
Powell Act
Federal Trade Commission Act
Question 46. 46. Which of the following statutes exempts the
business of insurance from the antitrust laws?
(Points: 3)
McCarran-Ferguson Act
Sherman Act
Clayton Act
Federal Trade Commission Act
Question 47. 47. Which of the following is most likely to be
considered exempt by statute from the antitrust laws?
(Points : 3)
The business of healthcare
The business of insurance
The business of football
The business of railroads
Question 48. 48. The antitrust laws are based on the premise
that free markets are a good thing.
(Points :3)
True
False
Question 49. 49. Any agreement between two people or
corporations that restrains trade is a violation of the antitrust
laws.

13. (Points : 3)
True
False
Question 50. 50. For the federal government to have antitrust
jurisdiction, the particular activity must involve or affect
interstate commerce.
(Points : 3)
True
False
Question 51. 51. The Herfindahl-Hirschman Index is a tool used
to measure the concentration of a given Market
(Points : 3)
True
False
Question 52. 52. Union activities are generally exempt from the
antitrust laws.
(Points: 3)
True
False
Question 53. 53. A whistle-blower lawsuit is also known as a
qui tam lawsuit.
(Points : 3)
True
False
Question 54. 54. Under the federal False Claims Act, a
physician can be held guilty of submitting a false claim even if

14. he/she did not intend to defraud the government.
(Points : 3)
True
False
Question 55. 55. The Stark self-referral laws apply to referrals
of patients by a hospital to a home health agency that the
hospital owns.
(Points : 3)
True
False
Question 56. 56. Which of the following statutes is not related
to healthcare fraud?
(Points : 3)
Sherman Act
False Claims Act
Anti-kickback law
Stark self-referral law
Question 57. 57. Which of the following is not an element of an
effective corporate compliance
program?
(Points : 3)
Hospital security department
Standards of conduct
Auditing and monitoring
Appropriate disciplinary action
Question 58. 58. In the mid-1990s, what was the US Justice
Department's number-two law enforcement priority?

15. (Points : 3)
Fighting terrorism
Eliminating fraud and waste in healthcare programs
Violent crime
Antitrust enforcement
Question 59. 59. What agency of the federal government usually
investigates hospital False Claims Act cases?
(Points : 3)
US Marshall's Service
Office of Inspector General
Attorney General
Surgeon General
Question 60. 60. Which of the following is not considered a
violation of the False Claims Act?
(Points : 3)
Billing for services that were not rendered
Billing for services provided by someone other than the
claimant
Billing one charge for a battery of tests performed as a single
lab procedure
Billing for a higher DRG payment rate than the diagnosis
justifies