Test Bank For Law & Ethics For Health Professions 7Th Edition By Karen Judson

Chapter 08

Privacy, Security, and Fraud

Multiple Choice Questions
1. While privacy is not directly expressed in the amendments to the Constitution, which of the following is one of the amendments that the U.S. Supreme Court has used to cover privacy issues?
A. Second
B. Third
C. Sixth
D. Eighth
E. Fifteenth

Contrary to popular belief, the term privacy (freedom from unauthorized intrusion) does not appear in the U.S. Constitution or the Bill of Rights. However, the U.S. Supreme Court, the court responsible for determining constitutional issues, has ruled in favor of privacy interests (and occasionally against them), deriving the right to privacy from the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments to the Constitution.

ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information
Accessibility: Keyboard Navigation
Bloom’s: Understand
CAAHEP: IX.C.3. Describe the implications of HIPAA for the medical assistant in various medical settings
CAAHEP: IX.P.3. Apply HIPAA rules in regard to privacy/release of information
Difficulty: 2 Medium
Est Time: 0-1 minute
Learning Outcome: 08.01
Topic: The United States Constitution and privacy laws

2. Which of the following court cases first declared that a constitutional right to privacy was implied?
A. Griswold v. Connecticut
B. OPIS v. Florida Agency for Health Care Administration
C. Roe v. Wade
D. Board of Education v. Earls
E. Eisenstadt v. Baird

As a result of the Supreme Court’s decision in Griswold v. Connecticut, patients possess certain rights, which affect the delivery of medical services and health care. OPIS v. Florida AHCA determined that HIPAA preempts state law in certain cases. Roe v. Wade legalized abortion in the United States. In the case Board ofEducation v. Earls, the U.S. Supreme Court held that drug testing of student athletes (and others) was not a violation of the Fourth Amendment. In Eisenstadt v. Baird, the Supreme Court held that it is the right of the individual to decide whether or not to bear a child under the Fourteenth Amendment (a private decision).

ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information
Accessibility: Keyboard Navigation
Bloom’s: Understand
CAAHEP: IX.C.3. Describe the implications of HIPAA for the medical assistant in various medical settings
CAAHEP: IX.P.3. Apply HIPAA rules in regard to privacy/release of information
Difficulty: 2 Medium
Est Time: 0-1 minute
Learning Outcome: 08.01
Topic: The United States constitution and privacy laws

3. Which of the following court cases held that federal privacy laws like HIPAA may preempt stricter state privacy laws?
A. Griswold v. Connecticut
B. OPIS v. Florida Agency for Health Care Administration
C. Roe v. Wade
D. Board of Education v. Earls
E. Eisenstadt v. Baird

OPIS v. Florida AHCA determined that HIPAA preempts state law in certain cases. Under Griswold v. Connecticut, patients possess certain rights, which affect the delivery of medical services and health care. Roe v. Wade legalized abortion in the United States. In the case Board ofEducation v. Earls, the U.S. Supreme Court held that drug testing of student athletes (and others) was not a violation of the Fourth Amendment. In Eisenstadt v. Baird, the Supreme Court held that it is the right of the individual to decide whether or not to bear a child under the Fourteenth Amendment (a private decision).

ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information
Accessibility: Keyboard Navigation
Bloom’s: Understand
CAAHEP: IX.C.3. Describe the implications of HIPAA for the medical assistant in various medical settings
CAAHEP: IX.P.3. Apply HIPAA rules in regard to privacy/release of information
Difficulty: 2 Medium
Est Time: 0-1 minute
Learning Outcome: 08.01
Topic: The United States constitution and privacy laws

4. The first federal law to specifically deal with the privacy of health care records was:
A. Electronic Communication Privacy Act
B. Gramm-Leach-Bliley Act
C. Health Insurance Portability and Accountability Act
D. Computer Abuse Amendments Act
E. Patient Safety and Quality Improvement Act

The Health Insurance Portability and Accountability Act, passed in 1996, was the first federal law to specifically address the privacy and security of the medical record. The Electronic Communication Privacy Act passed in 1986 addresses general electronic communications. The Gramm-Leach-Bliley Act passed in 1999 requires privacy policies for financial institutions and insurance companies. The Computer Abuse Amendments Act of 1994 makes the transmission of harmful computer code such as viruses illegal, and The Patient Safety and Quality Improvement Act authorizes HHS to impose civil monetary fines for violations of patient safety confidentiality.

ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information
Accessibility: Keyboard Navigation
Bloom’s: Remember
CAAHEP: IX.C.3. Describe the implications of HIPAA for the medical assistant in various medical settings
CAAHEP: IX.P.3. Apply HIPAA rules in regard to privacy/release of information
Difficulty: 1 Easy
Est Time: 0-1 minute
Learning Outcome: 08.01
Topic: The United States constitution and privacy laws

5. Which HIPAA standard requires providers to use specific code sets?
A. Standard 1
B. Standard 2
C. Standard 3
D. Standard 4
E. Standard 5

There are four standards set forth in HIPAA. Standard 1 Transactions and Code Sets requires providers to use specific code sets such as Current Procedural Terminology (CPT) and the International Classifications of Diseases. Standard 2 is HIPAA’s privacy rule. Standard 3 is the Security Rule, and Standard 4 required national identifier standards. There is no Standard 5.

ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information
Accessibility: Keyboard Navigation
Bloom’s: Remember
CAAHEP: IX.C.3. Describe the implications of HIPAA for the medical assistant in various medical settings
CAAHEP: IX.P.3. Apply HIPAA rules in regard to privacy/release of information
Difficulty: 1 Easy
Est Time: 0-1 minute
Learning Outcome: 08.01
Topic: The United States constitution and privacy laws