Chapter 25: Legal Issues, Federal Regulations, and Accreditation questions & answers

Powers granted to both the federal and state governments are known as what?

a. Conditional powers

b. Concentric powers

c. Concurrent powers

d. Conflicting powers

c. Concurrent powers

By what legal code or precedent are powers not granted to the federal government reserved by the states?

a. HIPAA

b. HITECH

c. The 10th Amendment to the U.S. Constitution

d. The Stark Law

c. The 10th Amendment to the U.S. Constitution

Which is true of guidance documents?

a. They are official agency publications.

b. They are identical to regulations and rulemaking.

c. They are legally binding.

d. They come from the U.S. Congress.

a. They are official agency publications.

Which of the following is true regarding administrative enforcement?

a. There is an additional route of appeal if a decision is issued in an administrative proceeding as opposed to a federal court proceeding.

b. There are fewer routes of appeal if a decision is issued in an administrative proceeding as opposed to a federal court proceeding.

c. Administrative settlement agreements include the finding of liability against an entity.

d. An administrative proceeding is more formal than a court proceeding.

a. There is an additional route of appeal if a decision is issued in an administrative proceeding as opposed to a federal court proceeding.

E-mailing fraudulent claims from an office in Houston, Texas, to a Medicare facility in Washington, D.C., for medical care not actually performed would constitute what?

a. A civil but not criminal infringement

b. Wire fraud as well as a violation of the False Claims Act

c. Only wire fraud

d. Unbundling

b. Wire fraud as well as a violation of the False Claims Act

A vendor provided all advanced practice registered nurses with free mobile devices to stimulate referrals. Which regulation is being violated?

a. The Anti-Kickback Statute

b. The Stimulus Act

c. The HITECH Act

d. HIPAA

a. The Anti-Kickback Statute

Which of the following would be regulated by the FDA?

a. A health information website

b. An app that functions as a medical device

c. A FitBit

d. Google Glasses

b. An app that functions as a medical device

Which agencies can accredit hospitals for participation in Medicare and Medicaid programs? (Select all that apply.)

a. The Joint Commission

b. Det Norske Veritas

c. Safe Harbors

d. Federal Trade Commission

e. National Coordinator for Health Information

a. The Joint Commission

b. Det Norske Veritas

The Stark Law considers which of the following Designated Health Services? (Select all that apply.)

a. Physical therapy services

b. Housecleaning and janitorial services

c. Home health services

d. Prosthetic devices and supplies

e. Medical language translation services

a. Physical therapy services

c. Home health services

d. Prosthetic devices and supplies

Which of the following would the FDA consider a Class II medical device? (Select all that apply.)

a. A device of medium safety risk

b. A callus remover

c. A powered wheelchair

d. Items needing premarket approval

e. A titanium implant

a. A device of medium safety risk

c. A powered wheelchair