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NEW QUESTION # 78
What group reports information (historically HIPDB content; now within NPDB) related to fraud/abuse oversight?
Answer: D
Explanation:
The Healthcare Integrity and Protection Data Bank (HIPDB) was created to combat healthcare fraud and abuse; it isno longer operational as a separate bank, and its content was merged into the NPDB. Reporting and querying are governed by HRSA rules defining authorized entities, including certain peer review and oversight organizations in specific reporting frameworks. Risk management objectives include ensuring organizations understand which actions must be reported, ensure due process, and comply with data handling rules. Proper reporting supports system integrity by preventing practitioners or entities with serious adverse actions from moving undetected across organizations. For hospitals and health plans, this strengthens credentialing and contracting decisions, reducing organizational exposure to negligent credentialing and improper network participation risks.
NEW QUESTION # 79
Which of the following isnotone of the patient rights enumerated in the Patient Self-Determination Act (PSDA)?
Answer: B
Explanation:
The PSDA focuses onpatient autonomy and informed decision-making, especially aroundadvance directives. It requires certain healthcare organizations to inform patients of their rights under state law to make decisions about medical care, ask whether the patient has an advance directive, document it, and avoid discrimination based on whether an advance directive exists. The Act doesnotcreate a right for patients to select any medication they want irrespective of clinical appropriateness, prescribing laws, formularies, allergies, contraindications, or standards of care. Risk management objectives here include: ensuring compliant admission workflows (education + documentation), reducing disputes through early clarification of preferences, and preventing ethical/legal breakdowns during incapacity. Operationally, PSDA compliance improves care planning, reduces unwanted treatment, and lowers complaint/litigation risk by showing the organization respected patient rights and followed required processes.
NEW QUESTION # 80
When considering the proper insurance to purchase for an organization and its practitioners, a risk manager should understand which of the following about specific types of coverage?
Answer: A
Explanation:
According to Health Care Risk Management standards supported by ASHRM and the American Hospital Association Certification Center, occurrence coverage provides protection for incidents that occur during the policy period, regardless of when the claim is reported. The triggering event is the date of the occurrence. As long as the alleged act or omission took place while the policy was in force, coverage applies even if the claim is filed years later.
Option A is incorrect because occurrence coverage does not extend to incidents that occur prior to the policy's effective date. Coverage is strictly tied to the policy period.
Option C is incorrect because in claims-made coverage, the retroactive date is critical. Coverage applies only to claims made during the policy period for incidents that occurred on or after the retroactive date.
Option D is incorrect because the "nose" period, also known as prior acts coverage, is highly significant in claims-made policies. It determines whether earlier acts are covered when switching carriers.
Risk financing objectives emphasize understanding policy triggers, retroactive dates, and reporting requirements. Therefore, occurrence coverage applies to incidents that occur while the policy is in effect.
NEW QUESTION # 81
For a liability claim to succeed, the claimant must establish duty owed, duty breached, proximate cause, and
Answer: D
Explanation:
Under Health Care Risk Management principles outlined by ASHRM and the American Hospital Association Certification Center, a successful negligence claim requires proof of four essential legal elements: duty, breach of duty, causation, and damages. Duty refers to the legal obligation owed by the healthcare provider to the patient. Breach occurs when the provider fails to meet the applicable standard of care. Proximate cause establishes the direct link between the breach and the harm suffered.
The final required element is actual injury or damages sustained by the claimant. Without demonstrable harm, a negligence claim cannot succeed, even if duty and breach are proven. The injury may include physical harm, emotional distress, or financial loss, but it must be measurable and attributable to the breach.
Contributory negligence is a defense that may reduce or bar recovery but is not an element the claimant must prove. Punitive damages are awarded in exceptional cases involving egregious misconduct and are not required to establish liability. Gross negligence represents a higher degree of negligence but is not a required element in standard malpractice claims.
Therefore, proof of injury sustained is essential for a liability claim to succeed.
NEW QUESTION # 82
Which of the following should prompt a risk manager to give notice to a malpractice carrier?
Answer: A
Explanation:
Under Health Care Risk Management principles established by ASHRM and the American Hospital Association Certification Center, timely notice to a malpractice carrier is a critical obligation, particularly under claims-made policies. A demand letter from a patient constitutes a clear assertion of liability and a request for compensation, which typically meets the definition of a claim under most malpractice insurance policies. Failure to notify the carrier promptly may jeopardize coverage.
A written medical record request from an attorney may signal potential litigation, but it does not necessarily constitute a claim unless accompanied by an allegation of wrongdoing or a demand for damages. An internal incident report is a risk management tool used for quality and safety improvement and does not itself trigger insurance notification requirements. Similarly, disclosure to a patient regarding an adverse event aligns with transparency practices but does not automatically represent a formal claim.
Risk management objectives emphasize understanding policy language, particularly definitions of claim and reporting requirements. Because a demand letter explicitly alleges harm and seeks compensation, it most clearly triggers the duty to notify the malpractice carrier to preserve coverage and initiate appropriate claims handling procedures.
NEW QUESTION # 83
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