FEDERAL AGENCIES/ REGULATIONS Flashcards

(79 cards)

1
Q

What are the 2 main governing bodies affecting healthcare changes, and are part of what US Department Health and Human Services?
QIO
CMS
FDA
OIG

A

CMS, Centers for Medicare and Medicaid Services
OIC - office of Inspector General

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2
Q

What Organization protect the health of all America and is responsible for providing essential Human Services?

A

Health and Human Services - HHS

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3
Q

Which organization oversee the Medicare and Federal portions of the Medicaid programs,
State Children’s Health Insurance Program,
Health Insurance Marketplace
related Quality Assurance activities?

OIG
CMS
HHA

A

CMS - Center for Medicare and Medicaid Services, which oversees Medicare programs, Medicaid programs, State Children’s Health Insurance Program, the Health Insurance Marketplace and Related Quality Assurance Activities.

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4
Q

Wat organization is responsible for developing rules and regulations that govern Medicare and Medicaid

OIG
CMS
CMA

A

CMS - responsible for developing rules and regulations that govern Medicare and Medicaid.

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5
Q

What program administered by the CMS monitors and improves utilization and quality of care for Medicare beneficiaries?
QBA
QIO
QIC
QMB

A

QIC Quality Improvement Organization

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6
Q

The QIO program consist of a national network that maintain which of the following?
1 - quality improvements
2 - health information management
3 - statistical analysis
4 - computer programming and operations
5 - communications
6 - public relations and marketing
7 - clerical support

A

QIO consist of national network responsible for each state that maintains:

ALL
1 - quality improvements
2 - health information management
3 - statistical analysis
4 - computer programming and operations
5 - communications
6 - public relations and marketing
7 - clerical support

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7
Q

What divisions are under the CMS?
1 Medicare/Medicaaid
2 Child Health
3 Health insurance Market Place
4 QIO
5 All the above
6 2 and 4

A

1 Medicare/Medicaaid
2 Child Health
3 Health insurance Market Place
4 QIO

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8
Q

What is the OIG required to review?
1. All medical claims
2. All written quality of service complaint
3. Are services meeting professional standards
4. Services provided i appropriate settings

A

The OIG is required to review:

2 - all written quality of service complaints submitted by Medicare beneficiaries and/or their representatives
3 - Review/Address whether the services met professional recognized standards of healthcare
4 - services were provided in appropriate settings

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9
Q

All results of investigations done by the OIG are submitted to whom?
CMS
HHS
QIA

A

HHS - OIG reports to the HHS

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10
Q

What is the mission of the OIG?
1. To monitor quality of claims
2. To protect integrity of HHS
3. Protect health and welfare of Medicare beneficiaries

A

The mission of the OIG - Office of Inspector General, is to Protect

2- the integrity of HHS
3 - the Health and Welfare of the beneficiaries of these programs

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11
Q

The major role of the OIG is to prevent Fraud and Abuse of the CMS?

T or F

A

F
The major role of the OIG is to prevent Fraud and Abuse in the HHS organization

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12
Q

Name 2 main governing bodies affecting Healthcare change?
HHS
CMS
OIG

A

CMS and OIG

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13
Q

Name the 2 federal agencies of the HHS

FDA
CMS
QIO
OIG

A

CMS and OIG

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14
Q

Name the three Operating Divisions of the HHS
1 - Food and Drug Administration FDA
2 - Administration for community Living ACL
3 - Administration for Children and Families ACF
4 - Administration for the elderly

A

1 - Food and Drug Administration FDA
2 - Administration for community Living ACL
3 - Administration for Children and Families ACF

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15
Q

What are the other names for Medicare and Medicaid respectfully?

A

Title XVIII and XIX

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16
Q

What is the CMS program that monitors and improves utilization and quality care for Medicare Beneficiaries?

QIA
QIO

A

QIO Quality Improvement Organization

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17
Q

Which of the following areas are regulated in the Federal Healthcare industry (Select all that apply)
1 - Patient responsibility
2 - Administrative protection
3 - Affordable Hospitalization
4 - Anti-fraud
5-Telephone Consumer Protection
6 - Credit and payments
7 - Patient protection
8 - Collections Performance

A

1 - Patient RIGHTS
2 -AdministrativeSIMPLIFICATION
3 - Affordable CARE
4 - Anti-fraud AND ABUSE
5-Telephone Consumer Protection
6 - Credit and COLLECTIONS
7 - Patient ANTI-DUMPING
8 - Performance IMPROVEMENT

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18
Q

What organization adopted the Patient Bill of Rights?
AHA
HHS
HSA

A

American Hospital Association AHA adopted the Bill of rights

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19
Q

What expectations do the Bill of Rights set and protect?
1 Expect a standard of care
2 Expect Fair Billing practices
3 Expect Clean and safe environment

A

a patient and their families can expect a standard of care as to how they will be treated in a healthcare situation.

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20
Q

True or False
The Patient Care Partnwership replaced the Patient Bill of Rights?

A

TRUE
The Patient Bill of Rights was replaced by AHA, American Hospital Assoc. with a brochure called
the Patient Care Partnership.

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21
Q

What areas of expectation was set forth in the Bill of Rights replacement document?
1 - High Quality Hospital Care
2 - A clean and safe environment
3 - Involvement in their own care
4 - Protection of their privacy
5 - Help with leaving the hospital
6 - help with their Billing claims
7 - All of the above

A

According the the Patient Care Partnership, during a hospital stay a patient can expect:
7 - ALL THE ABOVE

1 - High Quality Hospital Care
2 - A clean and safe environment
3 - Involvement in their own care
4 - Protection of their privacy
5 - Help with leaving the hospital
6 - help with their Billing claims

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22
Q

What 2 Main areas are covered in the Patient Care Partnership?
1 - Right to Privacy and Security of Heath Information
2 - Right to discrimination
3 - Right to Participation in Treatment decisions.
4 - Right to extended payment plan

A

1 - Right to Privacy and Security of Heath Information
3 - Right to Participation in Treatment decisions.

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23
Q

What Act created a Federal Standard for Insurers, Health Maintenance Organizations, employers and self-insured:
1. FDCPA
2. HYPPA
3. HIPPA
4. HPA

A

3 HIPPA Health Insurance Portability and Accountability Act creates a FEDERAL standard for insurers

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24
Q

What Act issued the Privacy and Security Rules governs the safety of the internet and other forms of electronic information exchange. ?
Anti-Fraud and Abuse
HIPAA
Truth in Lending

A

HHS issued the Privacy and Security Rules as part of the HIPAA

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25
What National standard was created by HIPAA? 1 The Telephone communication Act 2 The Safety and accurate exchange of patient info 3 The Fair Credit Act
national standards for the safe and accurate exchange of patient information
26
Which is not a benefit of the HIPPA Privacy Rules? 1 - patients have no control over health information 2 - sets boundaries/guidelines on health records 3 - establishes inappropriate safeguards to protect the privacy of health information 4 - it holds violators accountable with civil and criminal penalties 5 - it does not allow disclosre of any forms of data public responsibility supports disclosure
1 - patients have **greater** control over health information 2 - sets boundaries/guidelines on health records 3 - establishes appropriate safeguards to protect the privacy of health information 4 - it holds violators accountable with civil and criminal penalties 5 - it **strikes a balance when public responsibility supports** disclosure of some forms of data ie, to protect public heath
27
What benefits do patients receive from the Privacy Rule? 1 - enables patients to find out how their information ay be used and or disclosed 2 - it generally limits release of information to the minimum 3 - it generally gives patients the right to examine/obtain their own health records, and request corrections. 4 - It empowers individuals to control uses and disclosures of their health records. 5 - All the above
5 - ALL THE ABOVE 1 - enables patients to find out how their information ay be used and or disclosed 2 - it generally limits release of information to the minimum 3 - it generally gives patients the right to examine/obtain their own health records, and request corrections. 4 - It empowers individuals to control uses and disclosures of their health records.
28
What are NOT examples of PHI? 1 - Medical record number 2 - DOB 3 - address - email address 4 - phone number 5 - Social Security Number 6 - none of the above
PHI is Protected Health Information under HIPAA include: 6 - None of the above
29
When may PHI be shared?
PHI may be shared without explicit consent for: 1 - treatment. 2 - payment, 3 - healthcare operations
30
Can PHI be shared with Police are involved by showing a letter from the court?
PHI CANNOT be shared for marketing purposes or with law enforcement agencies **without consent or proper notification to the patient, except under court order.**
31
What must vendors who handle PHI for providers do? 1 Sign a Compliance letter 2 Sign a Business license agreement 3 Sign a Business Associate Agreement
business associate agreement that obligates them to treat PHI on the same basis as covered entities.
32
Because the impact of the HIPAA privacy rule to the patient Access Department / Front Office is immense, who bears the responsibility? 1 front desk staff 2 emergency staff 3 central scheduling staff
every employee, not just the front off or those dealing with medical records.
33
Why has the Administrative Simplification not progressed as it was expected when drafted up.?
Administrative Simplification is not quick due to non-standard information in situational fields, and due to most payers have not standardized their information requirements.
34
What ACT was passed by congress to ensure that patients understand their right to participate in decisions in their own healthcare and to provide a means to ensure it? HIPAA PSDA FCA TCPA
Patient Self-Determination Act - PSDA to ensure that patients understand their right to participate in their own healthcare.
35
What does the PSDA act address? 1 cost of medical treatment 2 their rights to fair credit 3 their right to address advanced directives
PSDA Patient Self-Determination Act address Advance Directives
36
What are Advance Directives?
Advance Directives are written statements of patients wishes regarding medical treatment in the event he/she becomes unable to make certain decisions, DNR
37
Which is not an examples Advance Directives? 1 - DNR 2 ABN 3 - living will 4 - Healthcare Power of Attorney or Durable Power of Attorney - designation of an individual to make decisions on the patient's behalf
Advance Directives are: 2 - ABN
38
What is the most significant regulatory overhaul to the US Healthcare system since Medicare in 1965? 1 - Patient Protection and Affordable Care Act PPACA together with the 2 - Health Care and Education Reconciliation ACT HCERA 3 - Fair Credit Reporting Act 4. - HIPAA
The passing of the 1 - Patient Protection and Affordable Care Act PPACA together with the 2 - Health Care and Education Reconciliation ACT HCERA
39
T or F PPACA is primarily aimed at 1 decreasing the number of uninsured Americans 2 reducing overall costs of healthcare
true
40
What mechanisms do the PPACA provide to employers and individuals to increase Healthcare coverage rates? select all that apply 1 - Mandates 2 - Claim discounts 3 - Tax Credits 4 - Subsidies
PPACA provides a number of mechanisms to employers and individuals aimed at **increasing coverage rate ** 1 - Mandates 3 - Tax Credits 4 - Subsidies
41
What additional reforms are aimed at improving healthcare outcomes and streamlining the delivery of healthcare by the PPACA? (select all that apply) 1. Requirement for insurance companies to cover all applicants 2. Require all hospitals to take medicare/medicaid 3. Require all insurance companies charge the same rates regardless of pre-existing conditions 4. Require insurance companioes to cover regardless of gender
1, 3, 4 PPACA requires 1. insurance companies to cover all applicants 2. Offer the same rates **regardless of pre-existing conditions or gender**
42
Which are examples of medical fraud? 1 - incorrect reporting of diagnosis and procedure codes to maximize payments. 2 - Billing for services furnished 3 - Altering claims to receive payment 4 - Accepting Kickbacks 5 - Routine waiver of deductible and coinsurance amounts
Fraud includes - 1 - incorrect reporting of diagnosis and procedure codes to maximize payments. 2 - Billing for services **not** furnished 3 - Altering claims to receive payment 4 - Accepting Kickbacks 5 - Routine waiver of deductible and coinsurance amounts
43
Which is not an example of Abuse in the medical profession? 1 - Excessive or unwarranted use of technology, pharmaceuticals and services 2 - Abuse of authority and privacy confidentiality or duty to care 3 - Improper billing practices, like billing Medicare instead of Primary insurer 4 - Routine waiver of deductible and coinsurance amounts 5 - increasing charges to Medicare beneficiaries but not to other patients 6 - unbundling of services and unnecessary transfers of patients
Examples of Medical profession abuse are: 1 - Excessive or unwarranted use of technology, pharmaceuticals and services 2 - Abuse of authority and privacy confidentiality or duty to care 3 - Improper billing practices, like billing Medicare instead of Primary insurer 4 - **NO THIS IS FRAUD **Routine waiver of deductible and coinsurance amounts 5 - increasing charges to Medicare beneficiaries but not to other patients 6 - unbundling of services and unnecessary transfers of patients
44
Which differences between Fraud and Abuse are **correct**? 1. Fraud is intentional abuse is not 2. Abuse described the intentional or illegal deception or misrepresentation made for the purpose of personal gain or to harm or manipulate another person or organization. 3. Fraud describes incidents to practices of healthcare workers that although not usually considered fraudulent are inconsistent with accepted sound practices
**They both can be intentional** **FRAUD - described** the intentional or illegal deception or misrepresentation made for the purpose of personal gain or to harm or manipulate another person or organization. **ABUSE - describes** incidents to practices of healthcare workers that although not usually considered fraudulent are inconsistent with accepted sound practices
45
True or False False Claims ACT allows making a false record or statement to get a false/fraudulent claims paid by the government, submission of false/fraudulent claims, conspiring to have false/fraudulent claims paid by the government?
The FCS False Claims Act - **prohibits** making a false record or statement to get a false/fraudulent claims paid by the government, submission of false/fraudulent claims, conspiring to have false/fraudulent claims paid by the government
46
Which of the following administrative sanctions may be taken to address the issues of inappropriate/fraudulent behavior on the part of providers? (select all that apply) 1 - Reinstatement of provider number application 2 - Suspension of provider payments 3 - Application of Civil Monetary Penalties
Various Administrative sanctions may be taken to address false/fraudulent issues, these include: 1 - **Denial or revocation **of provider number application 2 - Suspension of provider payments 3 - Application of Civil Monetary Penalties
47
TCPA - describe
Telephone Consumer Protection Act is restricts placed on telephone solicitations - telemarketing - and the use of automated telephone equipment. It prohibits contact with a debtor on a cell phone using automated dialing equipment without express consent and limits the use of artificial or prerecorded voice messages. SMS - (short message service, or text) messages, and fax machines
48
TRUE OR FALSE Due to the shift in the industry to increase patient responsibility healthcare providers are offering Credit and payment plans that must comply with applicable laws governing credit and collections.
**TRUE** Credit and payment plans that must comply with applicable laws governing credit and collections
49
What is true of the Truth in Lending Act, Regulation Z? 1 - disclosure of information after credit is extended, 2 - Annual % rates APR and finance charges may be identified if requested 3 - Verbal disclosures must be provided to the consumer
Truth and Lending Act TLA --- Regulation Z -deals with 1 - disclosure of information **before **credit is extended, 2 - **Requires** annual % rates APR and finance charges **are clearly and conspicuously be identified ** 3 - **Written **disclosures must be provided to the consumer
50
What protect consumers from inaccurate or unfair practices by issuers of open-ended credit? 1. Truth in Lending 2. Fair Credit Billing Act 3. Fair Credit Reporting Act 4. HIPAA
The Fair Credit Billing Act
51
The FCBA protect consumers by disclosing the creditors rights and patients responsibility? T or F
it is requires the creditor to inform debtors (patient) of their rights and of the responsibilities of the creditor. (patients rights creditors responsibility)
52
What ACT was created to define 1 - what information from "consumer reports" can be used, 2 - by whom it may be used, 3 - when it can be used
FCRA - FAIR CREDIT REPORTING ACT
53
What provides the maximum protection of a consumer's right to privacy and confidentiality of credit reports? 1. FCRA 2. ECOA 3. FDCPA 4. FCBA
FCRA - FAIR CREDIT REPORTING ACT
54
What act was passed as a result of evidence that debt collectors were using abusive , deceptive, and unfair collection practices 1. FCRA 2. ECOA 3. FDCPA 4. FCBA
FDCPA - FAIR DEBT COLLECTION PRACTICES ACT
55
Which of the following does the FDCPA impose strict limitationson? 1 - Harassment or abuse in the collection process 2 - Use of false or misleading information in the collection process 3 - Communications with the debtor or others in collections of a debt 4 - Acquisition of information regarding the location of the debtor
1 - **prohibits**Harassment or abuse in the collection process 2 - **prohibits**Use of false or misleading information in the collection process 3 - Communications with the debtor or others in collections of a debt 4 - Acquisition of information regarding the location of the debtor
56
What does the FDCPA prohibit?
The FDCPA prohibits: 1 - Harassment or abuse in the collection process 2 - Use of false or misleading information in the collection process - prohibits collectors from communicating with the consumer * from any unusual time or place or at a time or place which proved inconvenient to consumer - unless prior approval from debtor * ** If collector knows legal counsel represents** the debtor, unless an attorney consents to communication with debtor * at consumer's** place of employment, **if collector has reason to believe the consumer's employer prohibits the consumer from receiving such communications
57
What prohibits credit discrimination on the basis of race, color, religion, national origin, sex, marital status, age , or because someone receives public assistance? 1. FCRA 2. ECOA 3. FDCPA 4. FCBA
ECOA - Equal Credit Opportunity Act these facts may be asked but not used in determination processes
58
Which of the below are restrictions creditors must follow when screening for credit 1 - Discourage person from applying 2 - discriminate OR Impose different terms based on discriminations 3 - Ask for Martial status when applicate is applying for separate, unsecured account 4 - Ask about spouses detail except: * If spouse is applying with person * If spouse will be allowed to use account * If relying on spouse's income/alimony /child support income - spouse * If person lives in community property state 5 - All the above
5 - ALL THE ABOVE 1 - Discourage person from applying 2 - discriminate 3 - Impose different terms or conditions based on discriminations - 4 - Ask for Martial status when applicate is applying for separate, unsecured account 5 - Ask about spouses detail except: * If spouse is applying with person * If spouse will be allowed to use account * If person is relying on spouse's income or an alimony or child support income from former spouse * If person lives in community property state
59
If any one feels discriminated what should they do?
report it to the appropriate government agency
60
When hospital refuses to treat patients without insurance and even transferring them to other facilities and leaving then there, often without notifying the receiving facility it is called? 1. Patient refusal 2. Patient Anti-Dumping 3. Patient Dumping
When hospital refuses to treat patients without insurance and even transferring them to other facilities and leaving then there, often without notifying the receiving facility it is Patient Dumping
61
What ACT deals with Anti-Dumping 1. FCRA 2. ECOA 3. FDCPA 4. EMTALA
4. EMTALA - The Emergency Medical Treatment and Active Labor Act - also know as Federal Anti-Dumping Statute.
62
Which are the general requirements that are established by the EMTALA? Hospitals must (select all that apply) 1 - Medical screening examinations 2 - Recommended stabilizing treatment 3 - Restricting Transfer 4 - Should attempt to give medical screening exam prior to gathering basic demographic info or question as to how they will pay
Hospitals must 1 - Medical screening examinations 2 - **Necessary** stabilizing treatment 3 - Restricting Transfer **until stabilization** 4 - **Must** give medical screening exam prior to gathering basic demographic info or question as to how they will pay
63
ENTALA Regulations are applied to ED and not other locations on hospital campus and to outpatient patients only? TRUE OR FALSE
FALSE These apply to ALL locations and ALL patients
64
What Amendment requires all Clinical Laboratory services furnished to Medicare Beneficiaries to be performed by a provider who has a Certification and providers to be certified The qualifying provider is issued a CLIA number and should be reported on the claim. 1. CLIA 2. CLA 3. CLNI 4. NCLA
CLIA - Clinical Laboratory Improvement Amendment
65
when a state may be exempt form the CLIA?
When the **States legally requirements are equal to or more stringent** that CLIA statutory and regulatory requirements. Washington and New York
66
What is the TJC
The Joint Commission - a private agency that seeks to protect and improve quality and safety of care.
67
CMS allow TJC to.. select all that apply 1. Accredit hospitals. 2. Inspects Rural facilities only 3. provides education on issues affecting patient billing requirements 4. Has many standards to protect quality ad safety.
1,2,4 1. Accredit hospitals. 2. Inspects all their facilities 3. provides education on issues affecting **patient care and safety** 4. Has many standards to protect quality ad safety.
68
TRUE OR FALSE Are all hospitals accredited by TJC.
FALSE some are by their states or other agencies
69
When does the TJC runs audits on Hospitals and Labs? 1. Hospitals 24 months, labs 12 mths 2. Hospitals 36 months, labs 24 mths 3. Hospitals 39 months, labs 24 mths 4. Hospitals 39 months, labs 12 mths
3. Hospitals 39 months (3.25 years), labs 24 months (2years)
70
When may the organization TJC audit healthcare facilities? 1. 6 - 12 months after initial audit without advanced notice 2. 9 - 12 months after initial audit with advanced notice 3. 9 - 30 months after initial audit with advanced notice 4. 9 - 30 months after initial audit without advanced notice
3. As early as **9 - 30 ** months after the initial audit** without** advanced notice
71
What following areas can the Patient Access expect TJC surveys? 1 - Living wills 2 - Provider rights and responsibilities 3 - Patient ethics 4 - Continuum of inpatient services 5 - Management of care 6 - Confidentiality / privacy & security 9 - Communication
1 - **All Advanced direcctives** 2 - **Patient** rights and responsibilities 3 - **Organizational **ethics 4 - **Continuum of care** 5 - Management of **environment of care** 6 - Confidentiality / privacy & security 9 - Communication
72
Which of the following is true of the Patient Care Partnership? (Select all that apply.) 1. All hospitals must be accredited by TJC. 2. TJC will conduct an audit of a hospital every 36 months. 3. TJC will conduct an audit of a laboratory every 12 months. 4. TJC can audit a healthcare facility without advance notice as early as 6-12 months after its initial audit. 5. None of the above
6. NONE OF THE ABOVE 1. **NOT **All hospitals **WILL BE** accredited by TJC. 2. TJC will conduct an audit of a hospital every** 39 **months. 3. TJC will conduct an audit of a laboratory every **24 **months. 4. TJC can audit a healthcare facility without advance notice as early as** 9-30** months after its initial audit.
73
TRUE OR FALSE The Patient Care Partnership defines what the provider can expect from the patient?
FALSE It outlines what a **PATIENT** can expect from a **PROVIDER**.
74
Which of the following is true of protected health information (PHI)? (Select all that apply) 1. It refers only to any single piece of data that could directly match patients with their medical information. 2. It can be shared without explicit consent for treatment, payment, or healthcare operations (TPO). 3. It can be shared for marketing purposes without explicit consent. 4. It cannot be shared with law enforcement agencies without consent or proper notification to the patient, except with a letter from the attorney 5. none of the above
**NONE OF THEM** 1. It refers to** all data **that could directly match patients with their medical information. 2. It can be shared **without **explicit consent for treatment, payment, or healthcare operations (TPO). 3. It **cannot** be shared for marketing purposes without explicit consent. 4. It cannot be shared with law enforcement agencies without consent or proper notification to the patient, **except under court order.**
75
The savings resulting from HIPAA’s administrative simplification rules have exceeded initial projections. ❑ True ❑ False
❑ False
76
Which of the following is not an example of an advance directive? (Select one) * Living will * Patient Care Partnership * Healthcare Power of Attorney or Durable Power of attorney for healthcare * DNR
Patient Care Partnership
77
Which of the following is not an example of an administrative sanction for inappropriate/fraudulent behavior on the part of a provider? (Select all that apply.) 1. Denial or revocation of the provider number application 2. Suspension of provider payments 3. Application of CMPs 4. Inclusion in a published “watch” list of providers
4. Inclusion in a published “watch” list of providers
78
Which of the following is true of TJC? (Select one.) * All hospitals must be accredited by TJC. * TJC will conduct an audit of a hospital every 39 months. * TJC will conduct an audit of a laboratory every 36 months. * TJC can audit a healthcare facility without advance notice as early as 6 months after its initial audit.
TJC will conduct an audit of a hospital every 39 months.
79
Which is are a primary function of the Patient Access Front Office. 1. Prescheduling 2. Financial counseling 3. Compliance 4. Collection 5. Taking verbal orders 6. Updating patient medical charts
1. **scheduling** 2. Financial counseling 3. Compliance 4. Collection