CHE Healthcare Law and Ethics 2 — Questions and Answers
Question 1: The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving anything of value to:
- Induce or reward referrals of federal healthcare program business (Correct answer)
- Hire unqualified medical staff
- Deny care to uninsured patients
- Overcharge Medicare patients
Correct answer: Induce or reward referrals of federal healthcare program business
The Anti-Kickback Statute makes it illegal to exchange anything of value to induce or reward patient referrals or generate federal healthcare program business.
Question 2: What is the primary purpose of an Institutional Review Board (IRB)?
- Manage hospital finances
- Protect the rights and welfare of human research subjects (Correct answer)
- Credential medical staff
- Review malpractice claims
Correct answer: Protect the rights and welfare of human research subjects
An IRB reviews and monitors biomedical and behavioral research involving human subjects to protect their rights, welfare, and well-being.
Question 3: Which concept requires that similar cases be treated similarly in resource allocation decisions?
- Non-maleficence
- Formal justice (Correct answer)
- Autonomy
- Fidelity
Correct answer: Formal justice
Formal justice holds that equals should be treated equally and that allocation decisions should be made on consistent, relevant criteria.
Question 4: A healthcare executive discovers a billing compliance violation. The FIRST step should be to:
- Fire the employee responsible
- Report immediately to the OIG
- Conduct an internal investigation and document findings (Correct answer)
- Ignore it if the amount is small
Correct answer: Conduct an internal investigation and document findings
The appropriate first step upon discovering a potential compliance violation is to conduct a thorough internal investigation and document all findings before taking further action.
Question 5: Informed consent in healthcare requires that patients receive:
- Only the diagnosis and treatment plan
- Information about diagnosis, treatment options, risks, benefits, and alternatives (Correct answer)
- A signed waiver of liability
- Approval from their insurance company
Correct answer: Information about diagnosis, treatment options, risks, benefits, and alternatives
Valid informed consent requires disclosure of diagnosis, proposed treatment, material risks and benefits, alternatives, and the right to refuse.
Question 6: The OIG's Corporate Integrity Agreements (CIAs) are typically entered into as a result of:
- Routine accreditation reviews
- Settlements of federal healthcare fraud and abuse investigations (Correct answer)
- State licensing violations
- Joint Commission inspections
Correct answer: Settlements of federal healthcare fraud and abuse investigations
CIAs are compliance agreements between the OIG and healthcare providers settling investigations of federal healthcare fraud or abuse.
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving anything of value to: