Back to AI Flashcard MakerMedicine /Texas Jurisprudence Exam Part 6
Do they need to be licensed or registered by the boards?
Yes, they need registration
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Key Terms
Term
Definition
Do they need to be licensed or registered by the boards?
Yes, they need registration
What is the difference between a partnership and a limited liability partnership?
The limited liability partnership can limit individual liability white partner A is liable for the acts of partner B
Who can incorporate in Texas? Can physicians practice through corporations?
Dentists, PT but NOT MD; MD cannot practice through corporation
Are there any corporations that can employ physicians?
Yes, Certified Nonprofit Healthcare Corporation
Who can grant a title of Certified Nonprofit Healthcare Corporation?
TMB
What are 5 important characteristics of Certified Nonprofit Healthcare Corporations?
Must conduct scientific research, support education, improve capabilities to study and teach, deliver health care to the public, instruct public in me...
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| Term | Definition |
|---|---|
Do they need to be licensed or registered by the boards? | Yes, they need registration |
What is the difference between a partnership and a limited liability partnership? | The limited liability partnership can limit individual liability white partner A is liable for the acts of partner B |
Who can incorporate in Texas? Can physicians practice through corporations? | Dentists, PT but NOT MD; MD cannot practice through corporation |
Are there any corporations that can employ physicians? | Yes, Certified Nonprofit Healthcare Corporation |
Who can grant a title of Certified Nonprofit Healthcare Corporation? | TMB |
What are 5 important characteristics of Certified Nonprofit Healthcare Corporations? | Must conduct scientific research, support education, improve capabilities to study and teach, deliver health care to the public, instruct public in medical science, public health |
Can hospitals provide 'physician guarantees'? How do the finances work? | Physicians can contract with hospitals but are not employees; guarantees paid for availability, billing, etc |
Are there federal anti-kickback laws? | Yes |
What does the health care insurance portability and accountability act do to federal anti-kickback provisions? | Applies to all federal health care insurances = all insurances |
Do the anti-kickback laws apply only to Medicare and Medicaid? | No |
Does federal anti-kickback law apply only to patient referrals? | No |
Does this law apply only to giving money as a kickback? Who is punished, giver or taker? | No, any money or monetary value; both are punished |
What kind of crime is a violation of anti-kickback law, and what is the penalty for physicians and hospitals? | Felony; up to $250,000 for individuals and $500,000 for institutions |
What are safe harbors in anti-kickback law? Give examples. | Acts NOT in violation of anti-kickback regulation; e.g., space and equipment rental, sale of practice, discounts, etc |
Are STARK laws federal? | Yes |
What is a STARK law? Can you refer to family? | Anti-self-referral law; no |
What is the difference between STARK 1 and STARK 2? | Stark 1 applies to laboratories, Stark 2 to PT, OT services, etc |
What is the CIVIL FALSE CLAIMS act? Is it state or federal? How long has it been around? What does it prohibit? | Submitting false claims to government for payment; federal law since War Between the States |
Does Texas prohibit remuneration in exchange for referral volume? | Yes, prohibition on the solicitation of patients |
What kind of crime is it to tamper with Texas Medical Board documents? | Class A Misdemeanor |
Barratry—what is it? Is it illegal? | Contacting prospective patients in attempts to solicit them; it is illegal |
Who can be part of a medical peer review committee? | Physicians, health care workers, anybody in the hospital |
Does physician competency include membership in societies, participation in education, participation in group plans? | No |
Who makes rules (by laws) for hospitals? | The governing body |
Can a hospital reject an orthopedist because he is a DO and not an MD? | No |
Can a hospital deny you privileges because you don't accept HMOs? Participate in other hospitals? | No |
Who makes the final decision in a hospital to grant or deny privileges to a physician? | Governing body |
Does the hospital have to get a report from the NPDB about physicians prior to granting privileges? | Yes, initially and every 2 years; if they don't, they are liable |
How many days does the board have to give data to a hospital requesting it? | 15 days |
How often must a physician update his core credentials? How many days does he have to provide corrections? | Yearly; corrections within 30 days |
Prior to the 'first release' of his information, how many days does a physician have to review it? | 15 business days |
If a physician's privileges will be suspended, does he/she have the right to due process? | Yes |
How many days prior to hearing of due process must the hospital give the physician notification? | 30 days |
Do hospitals have to accept NPs and PAs? | No |
If accepting NPs and PAs, what are the hospital's responsibilities? | Due process, fairness, appeal |
Is the peer review file confidential? | Yes, EXCEPT for possible civil rights violation and possible anti-trust violation |
When must a hospital's medical peer review report actions taken against physicians to the TMB? to the HCQIA? to the NPDB? | If action affects privileges for longer than 30 days or if physician surrenders privileges or if it affects membership; never, the TMB reports to NPDB |
How much time does the committee have to report to the TMB? | 15 days |
Is it good enough to get the signature for informed consent? | No, actual informed consent must be achieved |
Which procedures need 'full disclosure' of LIST A and LIST B? | Only List A |