ACTUAL EXAM AND STUDY GUIDE COMPLETE 400
QUESTIONS AND CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS) |ALREADY GRADED A+
Public Health Law, according to Gostin - ANSWER: the legal powers and duties of the
state to assure the conditions for people to be healthy and the limitations on the
power of the state to constrain the autonomy, privacy, liberty, proprietary or other
interests of individuals for the protection or promotion of community health.
In PH law, there is a tension between... - ANSWER: Public good vs individual rights
Autonomy - ANSWER: Free from external influence over independent decision
making
4th amendment - ANSWER: Freedom from unreasonable searches and seizures
Isolation, quarantine, mandatory vaccination might be considered violations of... -
ANSWER: Autonomy
Explain what the 4th amendment has to do with public health - ANSWER: Health and
safety inspections violate the 4th amendment but are essential to PH and legal
What are the three levels of government? - ANSWER: federal, state, local
What is federalism? - ANSWER: A sharing of power between states and national
government established through the constitution
Federal Preemption - ANSWER: right of federal government to regulate matters
within its power to the exclusion of regulation by the states
Police Power of the States - ANSWER: Give states' power to protect the public
health. States can enact laws and promulgate regulations that protect the PH and
promote the public good.
How is police power different from criminal law powers? - ANSWER: Do not require a
probably cause warrant; enforce protections without a court hearing; "more
probable than not" standard of evidence.
Provide some examples of PH police powers - ANSWER: -Isolation / quarantine
-Culling poultry due to infection
Home rule authority - ANSWER: Authority granted to local jurisdictions such as cities
or countries by state constitutions or state legislative actions to enact ordinances
, that are specific to the community, not otherwise permitted. All states are different
-- some states do not allow home rule. For example, sugar laws in NY.
What is the difference between a law and a regulation? - ANSWER: PH laws are the
system of rules created for the protection or promotion of community health.
Regulations are the set of rules that describe the implementation of legislation.
According to HIPPA, what is PHI? - ANSWER: Any identifiable info of individual,
including demographics, health condition, or receipt of services.
According to HIPPA, what is privacy? - ANSWER: Freedom from intrusion, having
control over the extent, timing, and circumstances of sharing PHI
According to HIPPA, what is security? - ANSWER: Practices, polices, and procedures
created to protect a person's PHI
According to HIPPA, what is confidentiality? - ANSWER: Patient disclosing
information in a relationship of trust
According to HIPPA, what are covered entities? - ANSWER: Agencies that can share
PHI without patient permission, such as between a clinic and the patients' insurance
company.
If you remove PHI, can you share health information? - ANSWER: Yes -- for example,
you could provide a careful case example or describe an incident.
According to HIPPA, what is a breach? - ANSWER: Releasing PHI without permission.
Leaving a password unprotected (like on a sticky note) would be a violation of what
according to HIPPA? - ANSWER: Security
According to the Belmont Report, what is distributive justice? - ANSWER: The
burdens of research are distributed fairly
According to the Belmont Report, what is procedural justice? - ANSWER: Research
participants participate in decisions
Belmont report three ethical principles - ANSWER: Respect for persons, Beneficence,
Justice
Utilitarianism - ANSWER: Promotes the greatest good for the greatest number.
Consider situations in which this is best applied.
Communitarianism - ANSWER: Individuals inseparable from community life and no
one person and no one community can ever be completely self-determining.