Legal Issues Flashcards
7 cards from real CPHRM practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Issues flashcards as text
Under the Americans with Disabilities Act (ADA), a hospital's obligation to a qualified individual with a disability includes:
Answer: Making reasonable accommodations unless they impose an undue hardship
The ADA requires reasonable accommodations for individuals with disabilities, but not accommodations that would impose an undue hardship on the organization.
The National Practitioner Data Bank (NPDB) must be queried by hospitals:
Answer: At initial credentialing and at least every two years for all practitioners with clinical privileges
Hospitals must query the NPDB when practitioners apply for clinical privileges and at least every two years for currently privileged practitioners (the continuous query option satisfies this).
A statute of limitations in medical malpractice defines:
Answer: The timeframe within which a plaintiff must file a lawsuit
A statute of limitations sets the deadline by which a plaintiff must file a medical malpractice claim or be barred from bringing the lawsuit.
Corporate negligence holds a hospital directly liable when it fails to:
Answer: Ensure appropriate care through proper credentialing, supervision, and safe facilities
The doctrine of corporate negligence imposes a direct duty on hospitals to maintain safe facilities, select competent staff, oversee patient care, and implement proper policies.
When a risk manager receives a litigation hold notice, the correct response is to:
Answer: Immediately preserve all potentially relevant records and suspend routine destruction
A litigation hold requires immediate preservation of all potentially relevant documents and suspension of any routine destruction that might affect those materials.
Which concept describes a hospital being held liable for a patient's injury caused by an independent contractor physician based on the patient's reasonable belief that the physician was a hospital employee?
Answer: Ostensible (apparent) agency
Ostensible or apparent agency holds hospitals liable when patients reasonably believe an independent contractor physician is a hospital employee, such as when the hospital holds out the physician as its agent.
The Stark Law (Physician Self-Referral Law) prohibits a physician from referring Medicare patients for designated health services to an entity in which the physician has:
Answer: A financial relationship, unless a specific exception applies
The Stark Law prohibits physician self-referrals for designated health services when a financial relationship exists between the physician and the entity, with limited statutory and regulatory exceptions.