Statutory legal standard under federal anti-kickback statute

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Reference no: EM132264925

1. The statutory disciplinary grounds relied upon by a state health care licensing board are created by:

a. the legislature.

b. the governor.

c. the judiciary.

d. all of the above.

2. A state health care licensing board is:

a. a state administrative agency.

b. a private association.

c. a professional association.

d. a and c only.

3. The fundamental constitutional protection for a provider who is the subject of a state licensing board administrative hearing is:

a. the right to confront your accusers.

b. police power.

c. procedural due process, i.e. the right to notice and the opportunity to be heard.

d. the discretionary authority of a state licensing board to impose discipline in the manner which it deems appropriate.

e. a good lawyer.

4. The AMA Code of Ethics is a …….

a. a voluntary code of conduct.

b. an aspirational standard.

c. not part of Ohio law and a physician cannot be disciplined for violating it

d. ncorporated into Ohio’s medical practices act and a physician can be disciplined for violating it.

5. The State Medical Board of Ohio has investigative authority to (circle the letter representing    your answer):

a. subpoena patient medical records.

b. compel the attendance of witnesses for depositions and the production of documents by subpoena.

c. imprison wayward physicians.

d. obtain hospital peer review materials and compel the testimony of hospital peer review participants.

e. a and b only.

f. a, b and d only.

6. The constitutional authority of a state health care licensing board to regulate its profession is     based upon:

a. freedom of speech.

b. police power of the state.

c. freedom of religion.

d. authority to impose appropriate licensing fees.

7. What is informed consent?

a. A handwritten document prepared by the patient.

b. A computer generated form prepared by the provider and signed by the patient.

c. A computer generated form prepared by a hospital and signed by the patient.

d. None of the above.

8. What government agency investigates HIPAA complaints?

a. DHHS Office of Inspector General

b. State Medical Board

c. DHHS Office of Civil Rights

d. Trilateral Commission

9. What is the statutory legal standard under the federal Anti-kickback Statute?

a. Malice aforethought

b. Knowing/willful

c. Malignant heart

d. Reckless

e. Negligence

10. When a physician breaches physician-patient confidentiality the physician’s potential legal exposure includes:

a. a civil suit brought by the patient seeking monetary damages.

b. a criminal action brought by the federal government.

c. a licensure action or investigation based upon an ethics violation brought by the State Medical Board.

d. a. and b. only.

e. a., b., and c.

f. d. and e.

11. What is the minimum mandatory prison sentence for a Stark law violation?

12. True or false (circle one):

The Affordable Care Act provides for universal coverage of all healthcare expenses through one single government payer?

Reference no: EM132264925

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