Legal and Ethical Basis for Confidentiality of Health Information Essays

Legal and Ethical Basis for Confidentiality of Health Information Essays Legal and Ethical Basis for Confidentiality of Health Information Paper Legal and Ethical Basis for Confidentiality of Health Information Paper If a motion to quash has been filed, which of the following is most likely to be true? A. The patient has signed an authorization for release. B. Medical records have been subpoenaed. C. A malpractice suit has been filed. D. A breach of confidentiality has occurred. 2. If a case involves private law, which of the following is most likely to be the subject matter of the case? A. Tort B. Substantive criminal C. Criminal procedure D. Constitutional law 27 925 Oak Street Scranton, Pennsylvania 18515-0001 Lesson 1 Health Information and Litigation When you feel confident that you have mastered the material in Lesson 1, complete the following examination. Then submit only your answers to the school for grading, using one of the examination answer options described in your â€Å"Test Materials† envelope. Send your answers for this examination as soon as you complete it. Do not wait until another examination is ready. Questions 1–20: Select the one best answer to each question. EXAMINATION NUMBER: 40982100 Whichever method you use in submitting your exam answers to the school, you must use the number above. For the quickest test results, go to ttp://www. takeexamsonline. com Examination 3. If the result in a case is that the defendant has to go to jail for a year, which of the following is most likely true? A. It was a malpractice case. C. It was a misdemeanor case. B. It was a contract case. D. It was a felony case. 4. Bob says that his claim is based on the fundamental law of the nation. Most likely, Bob is relyin g upon what source of law? A. Constitution C. Regulation B. Statute D. Common law 5. Carl files suit in federal court. Which of the following would be sufficient to give that court subject matter jurisdiction? A. The claim involves more than $75,000. B. The claim involves more than $25,000. C. Carl and the defendant reside in the same federal district. D. The claim involves a federal statute. 6. Default judgment is entered in favor of Carl. Which of the following must necessarily be true A. The defendant’s position was weak. B. Carl’s case was strong. C. The court determined that the defendant was at fault. D. The defendant failed to file an answer within the required time. 7. Judgment has been entered against Sally in the Eastern District Court of Kentucky. Which of the following necessarily must be true for the judgment to be valid against her personally? A. She was a resident of Kentucky. B. The court had subject matter jurisdiction and she was a resident of Kentucky. C. The court had personal jurisdiction over Sally and subject matter jurisdiction. D. Sally resides in the Eastern District of Kentucky. 8. Martha the medical assistant is legally compelled to give testimony in a under oath in a malpractice lawsuit. Which of the following is necessarily true? A. Her immediate supervisor insisted that she do so. B. She received a subpoena duces tecum. C. She received a subpoena ad testificandum. D. She is the key witness in the case. 28 Examination, Lesson 1 9. Martha the medical assistant testifies in the malpractice case that the defendant, Dr. Jones, admitted he had committed malpractice on Mrs. Smith. This testimony likely would be excluded on what grounds? A. Physician-patient privilege C. Irrelevance B. Hearsay D. Martha not being a physician 10. If a party wants to avoid the time and expense of proving matters that aren’t really in dispute, which discovery tool would best achieve that end? A. Interrogatories C. Request to produce documents B. Depositions D. Requests for admissions 11. Which of the following is true regarding jury trials? A. The judge has no role. B. Parties may request a jury trial for any type of case. C. The judge and jury both have a role. D. The jury decides whether evidence should be admitted. 12. Which discovery tool would be especially appropriate to use against a plaintiff claiming physical injuries that the defendant believes are being faked? A. Request for physical examination C. Request for admission B. Deposition D. Interrogatories 13. Which of the following is characteristic of mediation? A. The court controls. B. The parties remain in control. C. A decision is imposed. D. The mediator decides who is right. 14. Bob obtains a judgment against Ned and knows Ned earns a good salary at Widget, Inc. Bob should A. ask the court to order Widget, Inc. to fire Ned if he doesn’t pay. B. obtain an order of garnishment. C. obtain a writ of execution. D. serve Ned with a request to admit he owes the judgment. 15. A pretrial conference most likely would occur A. before the complaint is filed. B. during an appeal. C. before discovery begins but after the complaint is filed. D. after discovery. Examination, Lesson 1 29 16. If a show cause order is issued, which of the following is most likely the case? A. Someone failed to respond to a subpoena. B. The plaintiff’s case is weak. C. The complaint failed to show a cause of action. D. A party tried to obtain records without a subpoena. 17. An order setting a trial date is more likely to be entered A. when the complaint is filed. C. at a deposition. B. at a pretrial conference. D. at a show cause hearing. 18. If a health information manager discloses health-care information otherwise prohibited by statute or regulation, the health-care provider could be liable for breach of confidentiality Unless A. it was pursuant to a subpoena. B. the health-care provider consented to the release. C. the health-care provider wasn’t told about the release by the health information manager. D. it was pursuant to a valid court order. 19. Hannah, a health-care information manager, receives a subpoena the legality of which she questions. She should A. ignore it. B. seek advice of counsel. C. comply with it unless the patient takes action to stop her. D. make her best guess about whether or not it’s legal and either comply or ignore it. 20. Which one of the following is true? A. All subpoenas are valid to authorize release of medical records. B. All patient authorizations to release medical records are sufficient to authorize release. C. Some jurisdictions require both a subpoena and a release from the patient to authorize release of records. D. All jurisdictions require both a subpoena and a release from the patient to authorize release of records.

Too Far Ahead of the IT Curve

Too Far Ahead of the IT Curve The management of Peachtree Healthcare has to determine to what extent their technologies should be standardized. They can choose a monolithic information system that will be implemented in each hospital and clinic that is currently run by Peachtree Healthcare. Yet, they can also adopt a Service-Oriented Architecture that will enable this organization to conduct a selective standardization of their technologies and major practices. In both cases, the company will have to spend a significant amount of money, but the success of this investment cannot be fully ensured. Thus, the management will need to determine which model best suits the needs of the organization. This is the main question that is going to be discussed.Advertising We will write a custom case study sample on Too Far Ahead of the IT Curve specifically for you for only $16.05 $11/page Learn More One of the approaches that this organization can take is complete standardization of technologies and practices. This strategy can give several benefits, for example, cost savings and better time-efficiency. Therefore, they can choose a monolithic information system which is a single set of technologies and applications that will be installed in every clinic or hospital of Peachtree Healthcare. The main advantage of this strategy is that technologies and practices will be consistent throughout the organization. Yet, one should take into account several structural factors. Peachtree Healthcare includes trauma centers, community hospitals, teaching clinics, or rehabilitation centers. Thus, it may be difficult to develop a single information system that can fit the needs of these medical institutions. Furthermore, as it has been noted in the case study, many procedures cannot be effectively standardized. For instance, pharmacy record keeping can be based on the best practices. Yet, one cannot say the same thing about the protocol for treating different forms of cancer. This is one of t he reasons why complete standardization is not always possible. Apart from that, physicians should be able to care about the wellbeing of the patient without being limited by standards or restrictions imposed from outside. Furthermore, the adoption of a monolith information system will necessitate the redesign of many business processes, and extra training of the staff. Apart from that, the complete redesign of the existing IT infrastructure may not be efficient.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The thing is that some of their current technologies can function quite effectively and there is no need to remove them. Finally, the management of Peachtree Healthcare should not forget that the adoption of a monolithic system will make this organization less responsive to change. For example, hospitals can adopt business models or medical practices when they are given some degree of autonomy. Complete standardization can deprive them of this autonomy. These are the main drawbacks and benefits of this approach. Another strategy that this organization can choose is to implement a Service-Oriented Architecture. The main benefit of these technologies is that they allow a greater degree of flexibility. In particular, some physicians have various note-filling preferences. Some of them choose to enter the information about the patient directly into a database, while others chose to dictate these data for later transcription. Apart from that, SOA can help this company to standardize only some elements of their IT infrastructure while allowing various hospitals and clinics select software. The main limitation is that this technology has not been widely adopted in healthcare setting. The main limitation of this model is that SOA have not been fully tested in medical institutions. The management of Peachtree Healthcare cannot guarantee that this technology will prove efficient. On the whole, the discussion of these issues shows that Peachtree Healthcare should adopt a Service-Oriented Architecture. As it has been said before, this framework will enable this organization to replace those parts of IT infrastructure that do not function properly.Advertising We will write a custom case study sample on Too Far Ahead of the IT Curve specifically for you for only $16.05 $11/page Learn More As it has been shown in the case study, the management of Peachtree Healthcare feels insecure about the adoption of this technology because it has not been widely used in healthcare organizations. Yet, one should take into account that the adoption of SOA infrastructure is a gradual process. The company can replace some poor-functioning components of their IT systems with SOA-built services. Provided that these changes yield good results, the company can continue their adoption of SOA information system. Moreover, the developers of SOA information systems will be willing to suit the needs of Peachtree Healthcare. They will even agree on lower price for their services, because they also want to win the trust of healthcare institutions. Under such circumstances, Peachtree Healthcare can receive a high-quality product at a reasonable price. Overall, these examples show that the redesign of an IT system should be based on close analysis of organizational structure, its size, and major activities. Peachtree Healthcare would have to adopt a system that can allow the greatest degree of flexibility. Such a goal can be achieved by using a SOA-based information system. Admittedly, this strategy can be associated with some risks, but the same thing can be said about the so-called monolith systems. This organization should strive for the standardization that is based on the best practices, but the management must make sure that Peachtree Healthcare remains open to new ideas, models, and practices. This result can be ac hieved with the help of SOA infrastructure.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More

The Use of Force and Wars on Terrorism Essay Example | Topics and Well Written Essays - 1000 words

The Use of Force and Wars on Terrorism - Essay Example The Charter’s Article 51 stipulates (Dinstein 2001, 161): â€Å"Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.† Hence, a country can respond in self-defence or self-preservation against a terrorist assault, but not unless the Security Council has performed steps needed to uphold security, peace, and order. The immunity for self-defence stated in Article 51 is the single clear omission to the prohibition of Article 2(4). This Article, according to Dinstein (2001), presumes that international law currently necessitates at least the possibility of a forthcoming armed attack before a nation may react forcefully or violently against the political independence or territorial integrity of another nation. Nevertheless, even as the terrorists have perpetrate d an armed assault, the right to wield force against the attackers positioned in a state is anomalous except if the terrorist activities can be attributed to the state (Kittrich 2008). Hence, an important question is when can terrorism be attributed to the state where in it manoeuvres? Since an assault against terrorism breaches the host state’s territorial integrity, the terrorists’ armed assault should be ascribed to that particular state (Kittrich 2008). It would then be legally acceptable to wield force against the terrorists positioned in that state. This paper tries to address this primary question: Do terrorists’ acts constitute a violation of Article 2(4), which justifies wars on terrorism as an act of self-defence under the UN Charter? Use of Force against Terrorism The impact of the UN Charter on a state’s innate right to embark on traditional self-preservation has long been a point of contention. Nevertheless, nowadays, many think that the trad itional international law authority to self-protection is unchanged by the Charter’s Article 51 and that this natural right to self-preservation involves a right to defensive self-protection (Boethe 2003). Others claim that Article 51 in fact removed preventative self-defence as a lawful rationale for the exercise of armed or violent force, and, without an armed attack, a nation should restrict itself to mobilizations to defend against such an assault, even despite of clear assault mobilizations being carried out by another nation (Penna 1991). This Article reinforces the argument of those who claim that states sustain the traditional natural right to defensive self-protection. Threats of international terrorism currently take place in the form of anachronistic groups that embody majority of the features of a state: organisation, preparation, training, disposed forces, resources, and possible possession of weapons of mass destruction. Nevertheless, dissimilar from states, the se terrorist groups are headed by people who are ready to use suicide operations routinely and who show a complete disrespect to the authority of law and human life (Dinstein 2001). Certainly, the success of such assaults relies on a state unaware of how or when these assaults will subsequently take place. Hence, a state may legally respond on the supposition that, due to the constantly displayed unusual characteristic and operational strategies of particular transnational terrorist groups, an assault by such