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NEW QUESTION # 83
A 22-year-old man has been treated at a hospital for a psychiatric condition. His mother requests that a copy of the patient's medical record be released to her. The risk manager's advice to the medical records department should be to
Answer: B
NEW QUESTION # 84
The Patient Safety and Quality Improvement Act of 2005 includes provisions to
* amend the Public Health Service Act to establish procedures for the voluntary confidential reporting of medical errors.
* enable the creation of patient safety organizations PSOs.
* require mandatory reporting to PSOs.
* classify patient safety work product reported to PSOs as privileged and confidential.
Answer: A
Explanation:
According to Health Care Risk Management standards established by ASHRM and the American Hospital Association Certification Center, the Patient Safety and Quality Improvement Act of 2005 amended the Public Health Service Act to promote voluntary reporting of patient safety events. The Act established a federal framework to encourage confidential reporting and analysis of medical errors in order to improve patient safety.
The law enabled the creation and certification of Patient Safety Organizations PSOs, which collect and analyze patient safety data submitted by healthcare providers. Importantly, the Act designates patient safety work product submitted to PSOs as privileged and confidential, providing federal legal protections against disclosure in most civil, criminal, or administrative proceedings. This privilege encourages candid reporting and system-wide learning.
However, reporting to PSOs is voluntary, not mandatory. The Act was specifically designed to foster participation by offering confidentiality protections rather than imposing compulsory reporting requirements.
Legal and regulatory objectives in healthcare risk management emphasize understanding the scope of federal protections and ensuring proper designation and handling of patient safety work product. Therefore, provisions 1, 2, and 4 are correct, while mandatory reporting to PSOs is not required under the Act.
NEW QUESTION # 85
A patient who has suffered a stroke is aphasic and unable to swallow. The physician would like to place a PEG tube for feeding. The patient is considered incapacitated and his wife consents to the treatment. The patient's adult children do not. The wife and oldest daughter each present a power of attorney document identifying them as the designated decision makers. To support the ethical principle of patient autonomy, which of the following should the risk manager recommend?
Answer: D
Explanation:
Under Health Care Risk Management principles supported by ASHRM and the American Hospital Association Certification Center, patient autonomy is upheld by honoring valid advance directives and durable powers of attorney for healthcare. When multiple documents are presented that designate different decision makers, the most recent properly executed document typically supersedes earlier versions, unless state law provides otherwise.
Durable powers of attorney for healthcare may be revoked or replaced by executing a newer document.
Therefore, determining the effective document requires reviewing execution dates and ensuring validity under applicable state statutes, including witnessing and notarization requirements. The document with the more recent date generally reflects the patient's latest expressed wishes and controls decision-making authority.
Referring immediately to an ethics committee may be appropriate in unresolved value conflicts, but first establishing legal authority is essential. Asking the family to resolve the dispute independently delays necessary medical decisions and does not clarify legal standing. Selecting the older document would contradict the principle that later directives replace earlier ones.
Legal and regulatory objectives emphasize verification of surrogate authority, compliance with state advance directive laws, and protection of patient autonomy. Therefore, the risk manager should confirm which document is most recent and legally valid.
NEW QUESTION # 86
A healthcare entity has a large fleet of vehicles driven by employees. What is the minimum required documentation the entity should obtain for each driver on an annual basis?
Answer: C
Explanation:
According to Health Care Risk Management principles supported by ASHRM and the American Hospital Association Certification Center, organizations operating vehicle fleets must implement structured fleet risk management controls to reduce liability exposure. One of the most fundamental annual requirements is verification of each driver's driving record, typically obtained through a motor vehicle record MVR review.
An annual driving record review allows the organization to confirm that drivers maintain valid licensure, identify traffic violations, detect patterns of unsafe driving behavior, and assess risk exposure. This proactive screening supports loss prevention, reduces the likelihood of negligent entrustment claims, and ensures compliance with organizational driving policies.
Mileage logs are operational tools used for tracking usage and reimbursement but do not assess driver eligibility or risk. Driver training is important for safety programs but is not the minimum required documentation to confirm driver qualification status. Proof of insurance may be required when employees use personal vehicles for business purposes, but it does not replace the need to review the driver's official record.
Health Care Operations objectives emphasize credential verification, regulatory compliance, and proactive liability mitigation. Therefore, obtaining and reviewing each driver's driving record annually is the minimum required documentation.
NEW QUESTION # 87
Which of the following is a program of the Food and Drug Administration FDA post market surveillance system for medical devices that requires healthcare facilities to report patient deaths or injuries related to a medical device?
Answer: A
Explanation:
Under Health Care Risk Management standards recognized by ASHRM and the American Hospital Association Certification Center, the Safe Medical Devices Act SMDA is part of the FDA's post market surveillance system for medical devices. The SMDA requires healthcare facilities to report to the FDA and, in some cases, to the manufacturer when a medical device has or may have caused or contributed to a patient death or serious injury. This mandatory reporting system enhances device safety monitoring and supports regulatory oversight after products enter the market.
EMTALA governs emergency medical screening and stabilization obligations, not device reporting. The Occupational Safety and Health Act focuses on workplace safety for employees rather than patient device- related injuries. Patient Safety Organizations operate under the Patient Safety and Quality Improvement Act and facilitate voluntary reporting of patient safety events, but they do not replace FDA-mandated device reporting requirements.
Legal and regulatory objectives in healthcare risk management emphasize compliance with federal reporting statutes, timely submission of required reports, and maintenance of documentation to mitigate regulatory exposure. Therefore, the Safe Medical Devices Act is the correct answer regarding mandatory FDA post market surveillance reporting for device-related deaths or injuries.
NEW QUESTION # 88
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