Solution and Answer Guide: Dana C. McWay, Legal and Ethical Aspects of Health Information Management, 6th ed.
2027, Core ISBN 9780357361542; Chapter 01: Workings of the American Legal System
Solution and Answer Guide
DANA C. MCWAY, LEGAL AND ETHICAL ASPECTS OF HEALTH INFORMATION MANAGEMENT, 6TH
ED. 2027, CORE ISBN 9780357361542; CHAPTER 01: WORKINGS OF THE AMERICAN LEGAL
SYSTEM
TABLE OF CONTENTS
Critical Thinking Exercises ................................................................................................... 1
Critical Thinking 1 ......................................................................................................................... 1
Critical Thinking 2 ......................................................................................................................... 1
Critical Thinking 3 ........................................................................................................................ 2
Review Questions ................................................................................................................. 2
Case Studies ......................................................................................................................... 4
Case Study A ................................................................................................................................ 4
Case Study B ................................................................................................................................ 5
CRITICAL THINKING EXERCISES
CRITICAL THINKING 1
Differentiating between private and public law is not always easy. Would you agree that the
following statements properly differentiate between the two types of law?
1. Private law applies to issues that affect individuals and groups of people or
organizations, whereas public law applies to issues that affect society as a whole.
2. Private law applies to verbal contracts, whereas public law applies to written
contracts.
3. Private law applies to criminal matters, whereas public law applies to governmental
matters.
Things to Consider:
Only the first statement listed is correct; the other two are incorrect. The first statement is
correct because it basically restates the definitions listed in the text. The second statement is
incorrect because contracts are a matter of private law, regardless of whether the contracts
are verbal or written. The third statement is incorrect because criminal matters can only fall
under public law, whereas governmental matters could fall under either public or private law,
depending on the circumstances of a given problem.
CRITICAL THINKING 2
© 2027 1
, Solution and Answer Guide: Dana C. McWay, Legal and Ethical Aspects of Health Information Management, 6th ed.
2027, Core ISBN 9780357361542; Chapter 01: Workings of the American Legal System
Rights and duties can vary based on the specific language of a statute, rule, or regulation.
Consider the impact of changing the word must to may in the following sentence:
A covered entity must train all members of its workforce on the policies and procedures with
respect to protected health information.
Things to Consider:
This sentence is taken from the HIPAA regulation §164.530, governing training on privacy of
patient health information. The small change of the word must to may could have tremendous
impact on how a health care provider decides to protect patient health information. Using the
word may makes the activity optional, not mandatory if the word must is used. Accordingly,
the health care provider could change their compliance program and lessen their reliance on
training if it so wished. Ensuring that existing and new employees in the workforce are aware
of privacy and confidentiality concerns is left to the discretion of the health care provider. The
provider may decide not to engage in this training or engage in less comprehensive training
because the provider believes the employees are professionals who already know of the need
to protect patient health information because of their education, license, registration, or
certification. The health care provider may not invest in recurring training on the subject as a
way to decrease costs. While these decisions may not be made by all health care providers in
this manner, the lack of a requirement to train the workforce on the topic of protecting
patient health information would influence some health care providers to lessen the emphasis
on this training.
CRITICAL THINKING 3
Despite numerous encounters with health care professionals, patients and members of the
general public often do not understand the differences between licensure and certification of
health care professionals. Consider how you would explain the differences between licensure
and certification to these groups.
Things to Consider:
Licensure involves mandatory credentialing through a process established by law. This license
is issued by a governmental entity and provides legal authority to work in a profession or
specialized field. By contrast, the credentialing process is not required by law but may be
required as a condition of employment. A credential shows proficiency in a profession or
specialized task. A credential is issued by a nongovernmental agency, not a government
agency.
REVIEW QUESTIONS
1. How does contract law differ from tort law?
A: Contract law addresses rights and duties between parties where the particular rights
and duties are contained in the contract. Tort law differs in that the rights and duties
between the parties are independent of any contract.
2. How do substantive law and procedural law differ?
© 2027 2
, Solution and Answer Guide: Dana C. McWay, Legal and Ethical Aspects of Health Information Management, 6th ed.
2027, Core ISBN 9780357361542; Chapter 01: Workings of the American Legal System
A: Substantive law focuses on specific offenses, general principles of liability, and specific
punishment. Procedural law focuses on the steps through which a criminal case passes.
3. Does a single document or source of law exist where an individual can find all the rules
governing health information? Why or why not?
A: No. In the United States, laws are passed and regulations are promulgated at the
federal, state, and local levels and are interpreted by courts at all levels, making it
impossible for all laws relating to health information to arise from a single source.
4. How does the content of state constitutions compare with the content of the U.S.
Constitution?
A: Typically, they contain similar language to the Federal Constitution. In addition, they
may contain additional language that is unique to a given state, even granting broader
rights to state citizens than the U.S. Constitution.
5. What are the three levels at which statutes governing health information are found?
A: Federal (U.S. Congress), state (individual legislatures), and local levels (city councils and
boards of aldermen)
6. Describe the difference between licensure and certification of a health care professional.
A: While both limit and control who can practice in a given field, licensure provides a
stronger means by which to do so because licensing boards are created by statute,
whereas certification comes from professional associations not backed by law.
7. Explain the concepts of stare decisis and res judicata.
A: Stare decisis refers to reliance on the decisions rendered in prior cases (precedent),
regardless of the parties involved, to make decisions in a future lawsuit containing similar
issues. Res judicata refers only to the application of precedent to the same parties and
issues that may be found in different cases.
8. Which branch of government resolves litigation related to HIPAA?
A: The judicial branch resolves litigation related to HIPAA.
9. When does an executive order have the effect of law?
A: After being published in the Federal Register, in the case of the federal system, or in a
comparable publication on the state level
10. What must both houses of the legislature do before a bill is sent to the chief executive for
signature?
A: Both houses must pass identical versions of the bill or resolve their differences by way
of joint conference committee.
11. What is the function of the judicial branch of government?
A: To interpret the law through adjudication and resolution of disputes
© 2027 3
, Solution and Answer Guide: Dana C. McWay, Legal and Ethical Aspects of Health Information Management, 6th ed.
2027, Core ISBN 9780357361542; Chapter 01: Workings of the American Legal System
CASE STUDIES
CASE STUDY A
You are the director of health information services for a medium-sized health care facility.
Like many of your peers, you have contracted with an outside copying service to handle all
requests for the release of patient health information at your facility. You have learned that a
lobbying organization for trial attorneys in your state is promoting legislation to place a cap on
photocopying costs, which is significantly below the actual cost incurred as part of the
contract. Discuss the roles each branch of government will play in considering this legislation
and how you and your professional organization may act to influence this process.
Things to Consider:
Part One: Branches of Government
All three branches will be involved:
1. The lobbying organization will need to find a member of the legislature willing to
sponsor its legislative proposal and shepherd it through the committee process.
2. Before the bill can become law, the state governor must sign it or veto it. Furthermore,
the bill may direct the state department of health to issue regulations to implement
the legislation.
3. Should a dispute arise and a lawsuit be filed, the judiciary may also be called upon to
interpret the statute once it has been passed by the legislature and signed into law by
the governor.
Part Two: Influencing the Process
Working within your professional association, and possibly in conjunction with other
professional associations similarly affected, you may take the following steps:
1. Contact the lobbying organization and/or trial attorney group directly to educate them
about why and how photocopying fees are charged. Depending on the result, the
lobbying organization or trial attorney group may abandon its efforts or work with your
association to modify its proposal.
2. Contact the sponsoring member of the legislature to educate them in the same
manner. Additionally, appear before the appropriate legislative committee to testify
about the consequences of the bill.
3. If it appears that momentum has already been built on the topic and a bill on the topic
is ripe to pass, submit a counterproposal that your association can accept to a
different legislative member for sponsorship.
4. Contact the governor with your association’s views on the topic as part of the
signature/veto process.
5. Write letters to the editor or op-ed pieces for publication in your local paper in an
effort to educate the voting public. Send copies of the published pieces to those
persons or groups listed in numbers 1−4.
© 2027 4
2027, Core ISBN 9780357361542; Chapter 01: Workings of the American Legal System
Solution and Answer Guide
DANA C. MCWAY, LEGAL AND ETHICAL ASPECTS OF HEALTH INFORMATION MANAGEMENT, 6TH
ED. 2027, CORE ISBN 9780357361542; CHAPTER 01: WORKINGS OF THE AMERICAN LEGAL
SYSTEM
TABLE OF CONTENTS
Critical Thinking Exercises ................................................................................................... 1
Critical Thinking 1 ......................................................................................................................... 1
Critical Thinking 2 ......................................................................................................................... 1
Critical Thinking 3 ........................................................................................................................ 2
Review Questions ................................................................................................................. 2
Case Studies ......................................................................................................................... 4
Case Study A ................................................................................................................................ 4
Case Study B ................................................................................................................................ 5
CRITICAL THINKING EXERCISES
CRITICAL THINKING 1
Differentiating between private and public law is not always easy. Would you agree that the
following statements properly differentiate between the two types of law?
1. Private law applies to issues that affect individuals and groups of people or
organizations, whereas public law applies to issues that affect society as a whole.
2. Private law applies to verbal contracts, whereas public law applies to written
contracts.
3. Private law applies to criminal matters, whereas public law applies to governmental
matters.
Things to Consider:
Only the first statement listed is correct; the other two are incorrect. The first statement is
correct because it basically restates the definitions listed in the text. The second statement is
incorrect because contracts are a matter of private law, regardless of whether the contracts
are verbal or written. The third statement is incorrect because criminal matters can only fall
under public law, whereas governmental matters could fall under either public or private law,
depending on the circumstances of a given problem.
CRITICAL THINKING 2
© 2027 1
, Solution and Answer Guide: Dana C. McWay, Legal and Ethical Aspects of Health Information Management, 6th ed.
2027, Core ISBN 9780357361542; Chapter 01: Workings of the American Legal System
Rights and duties can vary based on the specific language of a statute, rule, or regulation.
Consider the impact of changing the word must to may in the following sentence:
A covered entity must train all members of its workforce on the policies and procedures with
respect to protected health information.
Things to Consider:
This sentence is taken from the HIPAA regulation §164.530, governing training on privacy of
patient health information. The small change of the word must to may could have tremendous
impact on how a health care provider decides to protect patient health information. Using the
word may makes the activity optional, not mandatory if the word must is used. Accordingly,
the health care provider could change their compliance program and lessen their reliance on
training if it so wished. Ensuring that existing and new employees in the workforce are aware
of privacy and confidentiality concerns is left to the discretion of the health care provider. The
provider may decide not to engage in this training or engage in less comprehensive training
because the provider believes the employees are professionals who already know of the need
to protect patient health information because of their education, license, registration, or
certification. The health care provider may not invest in recurring training on the subject as a
way to decrease costs. While these decisions may not be made by all health care providers in
this manner, the lack of a requirement to train the workforce on the topic of protecting
patient health information would influence some health care providers to lessen the emphasis
on this training.
CRITICAL THINKING 3
Despite numerous encounters with health care professionals, patients and members of the
general public often do not understand the differences between licensure and certification of
health care professionals. Consider how you would explain the differences between licensure
and certification to these groups.
Things to Consider:
Licensure involves mandatory credentialing through a process established by law. This license
is issued by a governmental entity and provides legal authority to work in a profession or
specialized field. By contrast, the credentialing process is not required by law but may be
required as a condition of employment. A credential shows proficiency in a profession or
specialized task. A credential is issued by a nongovernmental agency, not a government
agency.
REVIEW QUESTIONS
1. How does contract law differ from tort law?
A: Contract law addresses rights and duties between parties where the particular rights
and duties are contained in the contract. Tort law differs in that the rights and duties
between the parties are independent of any contract.
2. How do substantive law and procedural law differ?
© 2027 2
, Solution and Answer Guide: Dana C. McWay, Legal and Ethical Aspects of Health Information Management, 6th ed.
2027, Core ISBN 9780357361542; Chapter 01: Workings of the American Legal System
A: Substantive law focuses on specific offenses, general principles of liability, and specific
punishment. Procedural law focuses on the steps through which a criminal case passes.
3. Does a single document or source of law exist where an individual can find all the rules
governing health information? Why or why not?
A: No. In the United States, laws are passed and regulations are promulgated at the
federal, state, and local levels and are interpreted by courts at all levels, making it
impossible for all laws relating to health information to arise from a single source.
4. How does the content of state constitutions compare with the content of the U.S.
Constitution?
A: Typically, they contain similar language to the Federal Constitution. In addition, they
may contain additional language that is unique to a given state, even granting broader
rights to state citizens than the U.S. Constitution.
5. What are the three levels at which statutes governing health information are found?
A: Federal (U.S. Congress), state (individual legislatures), and local levels (city councils and
boards of aldermen)
6. Describe the difference between licensure and certification of a health care professional.
A: While both limit and control who can practice in a given field, licensure provides a
stronger means by which to do so because licensing boards are created by statute,
whereas certification comes from professional associations not backed by law.
7. Explain the concepts of stare decisis and res judicata.
A: Stare decisis refers to reliance on the decisions rendered in prior cases (precedent),
regardless of the parties involved, to make decisions in a future lawsuit containing similar
issues. Res judicata refers only to the application of precedent to the same parties and
issues that may be found in different cases.
8. Which branch of government resolves litigation related to HIPAA?
A: The judicial branch resolves litigation related to HIPAA.
9. When does an executive order have the effect of law?
A: After being published in the Federal Register, in the case of the federal system, or in a
comparable publication on the state level
10. What must both houses of the legislature do before a bill is sent to the chief executive for
signature?
A: Both houses must pass identical versions of the bill or resolve their differences by way
of joint conference committee.
11. What is the function of the judicial branch of government?
A: To interpret the law through adjudication and resolution of disputes
© 2027 3
, Solution and Answer Guide: Dana C. McWay, Legal and Ethical Aspects of Health Information Management, 6th ed.
2027, Core ISBN 9780357361542; Chapter 01: Workings of the American Legal System
CASE STUDIES
CASE STUDY A
You are the director of health information services for a medium-sized health care facility.
Like many of your peers, you have contracted with an outside copying service to handle all
requests for the release of patient health information at your facility. You have learned that a
lobbying organization for trial attorneys in your state is promoting legislation to place a cap on
photocopying costs, which is significantly below the actual cost incurred as part of the
contract. Discuss the roles each branch of government will play in considering this legislation
and how you and your professional organization may act to influence this process.
Things to Consider:
Part One: Branches of Government
All three branches will be involved:
1. The lobbying organization will need to find a member of the legislature willing to
sponsor its legislative proposal and shepherd it through the committee process.
2. Before the bill can become law, the state governor must sign it or veto it. Furthermore,
the bill may direct the state department of health to issue regulations to implement
the legislation.
3. Should a dispute arise and a lawsuit be filed, the judiciary may also be called upon to
interpret the statute once it has been passed by the legislature and signed into law by
the governor.
Part Two: Influencing the Process
Working within your professional association, and possibly in conjunction with other
professional associations similarly affected, you may take the following steps:
1. Contact the lobbying organization and/or trial attorney group directly to educate them
about why and how photocopying fees are charged. Depending on the result, the
lobbying organization or trial attorney group may abandon its efforts or work with your
association to modify its proposal.
2. Contact the sponsoring member of the legislature to educate them in the same
manner. Additionally, appear before the appropriate legislative committee to testify
about the consequences of the bill.
3. If it appears that momentum has already been built on the topic and a bill on the topic
is ripe to pass, submit a counterproposal that your association can accept to a
different legislative member for sponsorship.
4. Contact the governor with your association’s views on the topic as part of the
signature/veto process.
5. Write letters to the editor or op-ed pieces for publication in your local paper in an
effort to educate the voting public. Send copies of the published pieces to those
persons or groups listed in numbers 1−4.
© 2027 4
