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NEW QUESTION # 77
A subpoena duces tecum requires the recipient to
* produce specified documents.
* appear at a deposition or trial.
* provide a list of all parties involved.
* disclose the names of expert witnesses.
Answer: A
Explanation:
Within Health Care Risk Management practice as outlined by ASHRM and the American Hospital Association Certification Center, understanding legal process documents is essential to effective claims management and litigation response. A subpoena duces tecum is a court-issued legal instrument requiring an individual or organization to produce specified documents, records, or tangible evidence relevant to a legal proceeding.
In many jurisdictions, a subpoena duces tecum may also require the recipient to appear at a deposition, hearing, or trial while producing the requested documents. The key distinguishing feature is the command to bring documents or evidence. Compliance is mandatory unless successfully challenged or quashed by the court.
Providing a list of all parties involved or disclosing expert witness identities are generally handled through formal discovery processes such as interrogatories, requests for production, or court-ordered disclosures, not specifically by a subpoena duces tecum.
Claims and litigation objectives emphasize prompt review of subpoenas, coordination with legal counsel, protection of privileged information, and timely compliance to avoid sanctions. Therefore, a subpoena duces tecum requires production of specified documents and may also compel appearance, making options 1 and 2 correct.
NEW QUESTION # 78
The source of many medication errors is:
Answer: D
Explanation:
Verbal/telephone orders are widely recognized aserror-pronebecause they can be misheard, misunderstood, or transcribed incorrectly-especially with sound-alike drug names, confusing numerals (15 vs 50), background noise, accents, and interruptions. ISMP and patient safety advisories recommend minimizing verbal orders whenever possible and using safeguards such as read-back/confirm-back, spelling drug names, stating digits individually, and documenting promptly. Risk management objectives include reducing reliance on memory and imperfect communication by prioritizing written or electronic orders (CPOE), standardizing when verbal orders are permitted (true emergencies), and auditing compliance to prevent unsafe normalization. Because medication errors can cause severe harm, controlling verbal order risk is a high-yield safety intervention and improves legal defensibility by aligning practice with recognized safety recommendations.
NEW QUESTION # 79
In enterprise risk management, which of the following are external factors that may affect risk?
Answer: D
Explanation:
According to Health Care Risk Management standards supported by ASHRM and enterprise risk management ERM principles, external factors include conditions outside the direct control of the organization that influence strategic, operational, financial, and regulatory risk exposures.
A physician shortage is an external workforce market condition that can affect staffing stability, access to care, and malpractice exposure. New regulations are also external factors, as legislative or regulatory changes may alter compliance requirements, reimbursement structures, or reporting obligations. Similarly, soft insurance market trends reflect external economic and underwriting environments that influence premium pricing, availability of coverage, and risk financing strategy.
Resolution of claims, however, is generally an internal operational or claims management outcome. While influenced by external legal environments, the resolution process itself is primarily part of internal risk management and litigation strategy rather than a broad external environmental factor.
ERM objectives emphasize analysis of external environmental drivers, including regulatory, workforce, economic, and market conditions. Therefore, physician shortages, new regulations, and soft insurance market trends are external factors affecting risk, while resolution of claims is not primarily classified as external.
NEW QUESTION # 80
All of the following are valid reasons for performing risk management review of policies and procedures EXCEPT
Answer: B
Explanation:
According to Health Care Risk Management standards supported by ASHRM and the American Hospital Association Certification Center, periodic review of policies and procedures is essential to ensure alignment with current laws, regulatory standards, accreditation requirements, and best practices. Reviewing policies helps ensure consistency between written procedures and actual clinical practice, thereby reducing liability exposure.
Policy review also supports identification of potential risk exposures by detecting outdated language, conflicting guidance, or gaps in processes that could lead to adverse events. Additionally, monitoring compliance with standards-such as federal regulations, state statutes, and accreditation requirements-is a central purpose of policy review, ensuring that organizational practices meet required benchmarks.
Maintaining staff competency, however, is primarily addressed through education, training programs, credentialing, and performance evaluation processes. While policies provide guidance for staff conduct, competency assessment is not the primary objective of policy review itself.
Health Care Operations objectives emphasize governance oversight, regulatory compliance, and risk mitigation through clear, current policies. Therefore, maintaining staff competency is not a direct reason for performing risk management review of policies and procedures, making it the correct exception.
NEW QUESTION # 81
If no specific OSHA standard applies to a given potential health hazard, then
Answer: A
Explanation:
According to Health Care Risk Management standards outlined by ASHRM and the American Hospital Association Certification Center, the Occupational Safety and Health Act includes a provision known as the General Duty Clause. This clause requires employers to furnish a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm, even when no specific OSHA standard addresses the hazard.
The General Duty Clause grants OSHA authority to cite employers for unsafe conditions not explicitly covered by a detailed regulation. To issue a citation under this clause, OSHA must demonstrate that a recognized hazard exists, that the hazard poses a risk of serious harm, and that feasible methods exist to correct or mitigate the hazard.
Therefore, OSHA retains enforcement authority even in the absence of a specific standard. The agency's jurisdiction does not disappear simply because no detailed regulation addresses the particular risk.
Legal and regulatory objectives in healthcare risk management emphasize maintaining compliance with federal occupational safety laws and proactively identifying workplace hazards. Accordingly, OSHA may govern the hazard under the General Duty Clause when no specific standard applies.
NEW QUESTION # 82
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