Solutions
"Captain of the ship" Correct Answers where doctor takes
control of the nurses and staff and is liable for their mistakes
under his watch, THIS LAW IS OVERRULED IN TEXAS
BECAUSE OF sprager v. Worley (1977)
"Piercing the corporate veil" generally impacts what aspect of a
corporation? Correct Answers Liability
* Administrative Safeguards Correct Answers 1. Security
management process (addressable)
-has required subunits like risk analysis, risk management,
sanction policy and information system activity review-
2. Assigned security responsibility (required)
3. Workforce security (addressable)
4. Information Access Management (addressable)
-has required subunits like isolating clearinghouse function-
5. Security awareness and training (addressable)
6. Security incident procedures (addressable)
-has required subunits like "Response and reporting"-
7. Contingency Plan (addressale)
-has required subunits like Data backup plan and Disaster
recover plan-
8. Evaluation (required)
9. Business Associate Contracts
* Business Associate Components Correct Answers MUST
provide services to one or more covered entities
MUST "create, receive, transmit or maintain" PHI
,* Civil vs. Criminal cases Correct Answers Civil:
1. Bright line
2. Doctors (and family) and DHS enteties
3. Medicare and Medicaid
4. CMS
5. Improper physician referrals
6. Exceptions (STARK)
CRIMINAL
1. Intent-based
2. Anyone
3. All federally-funded (inclusing exchange plans)
4. OIG/DOJ
5. Safe harbors
6. Kickbacks (AKS)
* How many digits are in a transaction standard? Correct
Answers 3 digits
* How many parts are in a transaction standard (1st component
of administrative simplification in HIPAA) Correct Answers 3-
1. Providers
2. Payors
3. Employers
* Individuals Rights to HIPAA Correct Answers 1. right to
access own information
2. right to request communications in alternative fashhion
3. right to request amendment
, 4. right to request restrictions
5. right to recive an accounting of diclosures
* Name 2 examples of benefits that might fit under the Stark
"non-monetary
compensation" exception: Correct Answers Rental of Office
Space (or equipment), Bona Fide Employment (you have to
have this to have healthcare), Personal Service Arrangements
(ex. medical directorship), Recruitment: Recruitment of Doctor
to Hospital, Recruitment: Hospital assisting group practice,
Non-Monetary Compensation, in office ancillary services, group
practices, rural area providers
* Name 3 examples of "Designated Health Services" (DHS)
under Stark Correct Answers clinical lab services,
radiology,
physical therapy
* Physical Safegaurds Correct Answers 1. Facility Access
Controls (addressable)
2. Workstation use (required)
3. Workstation security (required)
4. Device and media controls (addressable)
-has required subunits like Disposal and Medical Re-use-
* POLST/MOST Correct Answers Physician Orders for Life
Sustaining Treatment/ Medical Orders for Scope of Treatment
* Privacy standards in where use is permissible WITHOUT
patient authorization Correct Answers 1. public health
(epidomology)