Medicine /Texas Jurisprudence Exam Part 3
Can you charge a patient requesting records in order to apply for disability or public aid? How many copies are patients entitled to? Can you charge if federal agency is requesting records?
No; one copy; no
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Key Terms
Term
Definition
Can you charge a patient requesting records in order to apply for disability or public aid? How many copies are patients entitled to? Can you charge if federal agency is requesting records?
No; one copy; no
How many years does a physician MD have to keep records for adults? for minors? How many years do hospitals have to keep records for adults? For minors?
7 years for adults, 7 years or until age 21; hospital 10 years
Can a physician or hospital get rid of records after the required years if these records might be part of a litigation?
No
Can you relate information without patient consent for treatment? Billing? To report abuse? To law enforcement? For funeral directions? For worker's comp?
Yes, all of the above
What is the 'minimum necessary standard' for a medical release?
It protects health care information unless it is required to be released (investigation, law enforcement, authorized release, participating care provi...
Does a patient have the right to see his/her own record? Can he/she ask for amendments to the records?
Yes; yes, they can request amendments
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Term | Definition |
---|---|
Can you charge a patient requesting records in order to apply for disability or public aid? How many copies are patients entitled to? Can you charge if federal agency is requesting records? | No; one copy; no |
How many years does a physician MD have to keep records for adults? for minors? How many years do hospitals have to keep records for adults? For minors? | 7 years for adults, 7 years or until age 21; hospital 10 years |
Can a physician or hospital get rid of records after the required years if these records might be part of a litigation? | No |
Can you relate information without patient consent for treatment? Billing? To report abuse? To law enforcement? For funeral directions? For worker's comp? | Yes, all of the above |
What is the 'minimum necessary standard' for a medical release? | It protects health care information unless it is required to be released (investigation, law enforcement, authorized release, participating care providers, HIPAA compliant release) |
Does a patient have the right to see his/her own record? Can he/she ask for amendments to the records? | Yes; yes, they can request amendments |
What is the Texas medical record privacy act? Is it like HIPAA? | It is the state equivalent of HIPAA |
Within how many days must a hospital send an itemized bill to patients? Is this mandatory? Or done by request? When must the hospital inform patients of this option? | Upon request, within 30 business days; hospital must inform patient of availability of itemized bill |
Can medical records be obtained with a subpoena? Does this include substance-abuse records? | Yes; no |
Are substance abuse records admissible during criminal proceedings? | No, unless the crime is EXTREMELY serious |
Is HIV information confidential? | Yes |
Can you 'break' confidentiality in order to tell a spouse that his/her spouse is HIV positive? | Yes |
Can you break confidentiality to tell a partner about notification program? | Yes |
Are blood bank records confidential? | Yes |
If a blood bank finds a donor with an infectious disease, can they call other blood banks and tell them the name of donor and the disease? | They can tell name of donor, NOT disease |
If a blood bank finds that blood outbound to hospitals is HIV positive, can they call the hospitals and give name of donor? Type of disease? | They can tell name of disease, NOT donor |
For statistical purposes, can a blood bank give out medical records? Names? | Yes, but not names or other identifying information |
Is genetic information confidential? | Yes |
Can patients have access to the results of their genetic testing? | Yes |
What kind of crime is the unauthorized release of records? | Misdemeanor |
Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as medicine v. osteopathy? | No |
What does the Medical Practice Act (MPA) regulate? | The practice of medicine |
Who does the MPA apply to? | Physicians (MD, DO), PAs, and acupuncturists |
Does the MPA apply to the armed forces and federal public health? Can they moonlight? | It does NOT apply to a federal job, they can NOT moonlight outside the federal setting |
Does the MPA apply to emergency assistance if there is NO charge of money? If there is money charged or billed? | NO if no charge; YES if money is charged |
Are medical students in 'board-approved schools' subject to the MPA? | No |
Does the MPA prohibit self-care? | No |
Does the MPA apply to physicians in contiguous states? | NO (physicians from nearby states can only order care for patients in hospice or nursing homes) |
How many people are on the TMB? Who appoints them? Who must confirm them? | 19 members, appointed by the governor, confirmed by the senate |
Can the board subpoena people and records? Who can serve a subpoena? | YES, subpoenas can be served by board investigator or sent by certified mail |
How often does the Department of Public Safety (DPS; state police) check on physicians and report to the board? | Quarterly |
What are acceptable methods to tell the public on how to register a complaint to the TMB? In what languages? Where can a physician include this info? | By phone (direct number and 1-800 number) or by mail; posted sign, on registration forms or bill; in English and Spanish |
How often must the TMB disseminate updated information? What info is included? | 2 times per year; info includes disciplinary action, board activities and functions, changes to the MPA and attorney general opinions |
Are disciplinary orders private or public? | Public |
Are the following included in the physician profile? | Everything except for tax ID/soc. security |
Which malpractice claims should be included? | Any jury awards, liabilities—NOT settlements |
What happens if you don't give this info? | License is not renewed |
How many years of postgraduate training do you need to be eligible for licensure? | One |
Who can get a limited license? | Applicant who is recommended by dean, president, or chief administrator from Texas medical school |
Do you need the jurisprudence exam for a limited license? | Yes |