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Question 1Governance, Board Operations, and Governing Documents

An association's governing documents conflict on a procedural point. Which document generally controls among the association's own documents?

  1. The recorded declaration (covenants, conditions, and restrictions) Correct answer.
  2. A resolution adopted by the board of directors
  3. The association's rules and regulations
  4. The bylaws

Explanation

Governing documents are applied in a hierarchy, with law at the top, followed by the recorded declaration, then articles of incorporation, bylaws, and rules. A lower-level document cannot override a higher-level one.

Question 2Governance, Board Operations, and Governing Documents

What does quorum mean for an association meeting?

  1. The percentage of owners needed to approve an amendment
  2. The number of affirmative votes required to pass a motion
  3. The minimum number present for business to be valid Correct answer.
  4. The total number of seats on the board of directors

Explanation

Quorum is the minimum number of members or directors whose presence is required before the body can validly transact business. Once quorum is present, business may proceed as allowed by the governing documents.

Question 3Governance, Board Operations, and Governing Documents

In community association meetings, what is a proxy?

  1. Written authorization for another to vote for a member Correct answer.
  2. A written objection to a board action
  3. A ballot cast by a member who attends the meeting in person
  4. A petition to call a special meeting

Explanation

A proxy is a written appointment authorizing another person to attend and vote in the member's place. Proxies are limited by statute and the governing documents.

Question 4Governance, Board Operations, and Governing Documents

A board may properly go into executive session to address which matter?

  1. Setting the annual assessment amount
  2. Adopting the annual budget
  3. Consulting with legal counsel about pending litigation Correct answer.
  4. Approving the minutes of the prior open meeting

Explanation

Executive session is reserved for sensitive matters such as litigation, personnel, contract negotiations, and delinquent accounts. Routine business such as budgets, assessments, and minutes should be handled in open session.

Question 5Governance, Board Operations, and Governing Documents

A director has a personal business relationship with a vendor bidding on an association contract. What does the duty of loyalty require?

  1. Vote on the matter but disclose the conflict afterward
  2. Resign from the board before the vote
  3. Let the board president decide whether the director may vote
  4. Disclose the conflict and abstain from the vote Correct answer.

Explanation

The duty of loyalty requires directors to put the association's interests ahead of their own and to avoid self-dealing. The director should disclose the conflict and refrain from voting.

Question 6Governance, Board Operations, and Governing Documents

What should the minutes of a board meeting primarily record?

  1. The actions taken and the votes on motions Correct answer.
  2. Only the names of members who attended
  3. The personal opinions of each director
  4. A verbatim transcript of all discussion

Explanation

Minutes are the official record of actions taken, including motions and vote results. They are not a transcript of discussion or a place for personal commentary.

Question 7Governance, Board Operations, and Governing Documents

What is the primary purpose of an association's annual meeting of members?

  1. Adopt rules and regulations
  2. Elect directors and conduct member business Correct answer.
  3. Hire the association's managing agent
  4. Approve the minutes of board meetings

Explanation

The annual meeting gives members the opportunity to elect directors and vote on matters reserved to them. Day-to-day management and rule adoption are generally board functions.

Question 8Governance, Board Operations, and Governing Documents

Which statement correctly describes the board's authority to adopt rules and regulations?

  1. Rules may override any provision of the declaration
  2. Rules may be adopted without notice to owners in all cases
  3. Rules must be consistent with higher governing documents Correct answer.
  4. Rules may impose fines without any enforcement procedure

Explanation

Rules are the lowest level of governing documents and must be consistent with the declaration, bylaws, articles, and law. They also must be adopted and enforced according to required procedures.

Question 9Governance, Board Operations, and Governing Documents

What is typically required to amend a recorded declaration?

  1. A unanimous vote of the architectural committee
  2. A majority vote of the board of directors only
  3. A supermajority member vote and recording of the amendment Correct answer.
  4. Approval by the association's attorney only

Explanation

Amending the declaration usually requires approval by a specified supermajority of members, followed by recording the amendment in the land records. The exact percentage and procedure come from the declaration and statute.

Question 10Governance, Board Operations, and Governing Documents

Who may typically call a special meeting of the members?

  1. Any single member may call a special meeting at any time
  2. The board, president, or a stated percentage of members may call it Correct answer.
  3. Special meetings are prohibited once the annual meeting has been held
  4. Only the manager may call a special meeting

Explanation

Special member meetings are called as provided in the bylaws or statute, often by the board, the president, or a specified percentage of members. Notice requirements still apply.

Question 11Governance, Board Operations, and Governing Documents

When may a board act by written consent without holding a meeting?

  1. Unanimous written consent of all directors is required Correct answer.
  2. Written consent is valid only if a member petitions for it
  3. A majority of the board may act by email without a meeting
  4. The president alone may act for the board between meetings

Explanation

Action without a meeting is generally permitted only when every director signs a written consent. This protects the board's deliberative process and ensures all directors participate.

Question 12Governance, Board Operations, and Governing Documents

What does the business judgment rule generally provide for volunteer directors?

  1. It guarantees that directors will never be sued
  2. It applies only to paid professional directors
  3. It protects good-faith, informed decisions made in the association's interest Correct answer.
  4. It requires directors to follow the manager's recommendations

Explanation

The business judgment rule protects directors from liability for decisions made in good faith, with ordinary care, and without self-dealing. It does not protect fraud, bad faith, or actions outside authority.

Question 13Governance, Board Operations, and Governing Documents

A director resigns before the end of the term. How is the vacancy generally filled?

  1. The vacancy must remain open until the next annual meeting in all cases
  2. The manager appoints a replacement
  3. The remaining directors may fill the vacancy as provided in the bylaws Correct answer.
  4. The vacancy is filled by the member who received the next highest vote in the last election automatically

Explanation

Vacancies are filled according to the bylaws and statute, often by the remaining directors, even if fewer than a quorum remain. Some documents require a member election.

Question 14Governance, Board Operations, and Governing Documents

How may a director generally be removed from the board before the term ends?

  1. A director may be removed only by a court order
  2. The bylaws and statute govern removal, often by member vote Correct answer.
  3. The board may remove any director at will for any reason
  4. Only the president may remove a director

Explanation

Removal procedures are set by the bylaws and applicable statute and frequently require a member vote. Board removal of a fellow director is limited and must be expressly authorized.

Question 15Governance, Board Operations, and Governing Documents

What notice is generally required for a board meeting?

  1. Notice is required only for the annual meeting
  2. Notice may be given to directors after the meeting
  3. No notice is required for board meetings
  4. All directors must receive notice, and members as required by law Correct answer.

Explanation

Every director is entitled to notice of a board meeting so the director can participate. Open-meeting statutes or bylaws may also require notice to members.

Question 16Governance, Board Operations, and Governing Documents

Under common parliamentary procedure, what is required for a main motion?

  1. The president may make motions and vote on every motion
  2. A main motion may be debated before it is seconded
  3. A main motion requires a two-thirds vote in all cases
  4. A main motion generally requires a second before debate Correct answer.

Explanation

A main motion is typically presented, seconded, debated, and then voted on. Most main motions require a majority vote unless a higher threshold applies.

Question 17Governance, Board Operations, and Governing Documents

What distinguishes a standing committee from an ad hoc committee?

  1. Only members may serve on committees
  2. Ad hoc committees are permanent by definition
  3. All committees may exercise the full authority of the board
  4. Standing committees are ongoing; ad hoc committees serve a specific task Correct answer.

Explanation

Standing committees are established for continuing functions, while ad hoc committees are created for a limited purpose and typically dissolve when the task is complete. Committees have only the authority delegated to them.

Question 18Governance, Board Operations, and Governing Documents

What inspection rights do association members generally have?

  1. Members may inspect all records, including attorney-client privileged material, at any time
  2. Records may be withheld permanently if the board voted in executive session
  3. Only directors may inspect association records
  4. Members may inspect specified records for a proper purpose Correct answer.

Explanation

Members generally have a statutory and document-based right to inspect specified records for a proper purpose after making a proper request. Privileged or confidential records may be protected.

Question 19Governance, Board Operations, and Governing Documents

Before imposing a fine for a rule violation, what should the board generally ensure?

  1. The owner should receive notice and an opportunity to be heard Correct answer.
  2. The board may impose a fine without notifying the owner
  3. The manager may impose fines without board approval
  4. Fines may be imposed retroactively for past violations

Explanation

Enforcement must follow due process: notice of the alleged violation, an opportunity to respond or be heard, and a board decision consistent with the governing documents. Fines must be authorized and imposed according to policy.

Question 20Governance, Board Operations, and Governing Documents

How are member voting rights generally determined in a community association?

  1. The governing documents set voting, often one vote per lot or unit Correct answer.
  2. Only owners who attend meetings may vote
  3. Voting is weighted by the number of years owned in all associations
  4. Each member always has one vote regardless of governing documents

Explanation

Voting rights come from the declaration, bylaws, and statute and often follow ownership of a lot or unit. Some associations use weighted voting based on assessment liability or value.

Question 21Governance, Board Operations, and Governing Documents

A mandatory state statute conflicts with a provision in the association's bylaws. Which controls?

  1. The mandatory state statute controls Correct answer.
  2. The board's resolution controls because it is most recent
  3. The declaration controls because it is recorded
  4. The bylaws control because they are more specific

Explanation

Governing documents cannot override mandatory law. Statutes and federal law rank above the declaration, bylaws, and rules, so the statute controls.

Question 22Governance, Board Operations, and Governing Documents

Which statement about amending an association's bylaws is generally correct?

  1. The board may amend unless the documents reserve it to members Correct answer.
  2. Members must always approve every bylaws amendment
  3. Bylaws may not be amended after the first annual meeting
  4. Only the manager may amend bylaws

Explanation

Bylaws commonly may be amended by the board unless the declaration, bylaws, or statute reserves that power to members. Some provisions require member approval.

Question 23Governance, Board Operations, and Governing Documents

What happens when a board takes an action beyond the authority granted by law or the governing documents?

  1. Board actions beyond granted authority are invalid Correct answer.
  2. The board's authority is unlimited once it is elected
  3. The board may take any action it believes is in the association's best interest, even if prohibited by the declaration
  4. Only member-approved actions are valid in all cases

Explanation

Boards have only the authority conferred by statute and the governing documents. An action outside that authority is ultra vires and generally invalid.

Question 24Governance, Board Operations, and Governing Documents

How does budget ratification by members typically work where the governing documents require it?

  1. In some associations, members may ratify or reject a board-adopted budget Correct answer.
  2. The manager adopts the budget
  3. Members always must approve the budget by unanimous vote
  4. The board may adopt the budget without any notice in all cases

Explanation

In associations subject to budget-ratification requirements, the board adopts a proposed budget and members may ratify or reject it under the governing documents and statute. If rejected, the statute or documents specify the next step.

Question 25Governance, Board Operations, and Governing Documents

What standard should an architectural control committee apply when reviewing owner applications?

  1. The committee's decisions are never subject to board review
  2. The committee must apply the adopted standards consistently Correct answer.
  3. The committee may approve or deny applications based on personal taste
  4. The committee may impose fines without a hearing

Explanation

Architectural decisions must be based on the declaration, adopted design guidelines, and consistently applied standards. Personal preference is not a valid basis for denial.

Question 26Governance, Board Operations, and Governing Documents

Unless the bylaws state otherwise, what generally makes up a quorum for a meeting of the board of directors?

  1. Any two directors, no matter how large the board is
  2. A majority of the directors then holding office Correct answer.
  3. Every director currently serving on the board
  4. A majority of the members who attend the meeting

Explanation

The default rule in most nonprofit corporation statutes is that a majority of the directors in office constitutes a quorum, and the bylaws may set a different number within statutory limits. Without a quorum, the board cannot transact business. Member attendance does not count toward a board quorum.

Question 27Governance, Board Operations, and Governing Documents

What is the purpose of raising a point of order during a board meeting?

  1. To call attention to a breach of the rules of order or procedure Correct answer.
  2. To nominate a director for a vacant officer position
  3. To cut off debate and demand an immediate vote
  4. To postpone consideration of a question to the next meeting

Explanation

A point of order is a parliamentary device used to alert the chair that the proceedings depart from the adopted rules of order or the bylaws. The chair rules on the point, and that ruling may itself be appealed in most parliamentary systems. It does not itself decide the merits of the pending question.

Question 28Governance, Board Operations, and Governing Documents

Which document is generally filed with the state to create the association as a nonprofit corporation?

  1. The articles of incorporation Correct answer.
  2. The recorded declaration
  3. The bylaws
  4. The board's policy manual

Explanation

The articles of incorporation are the charter document filed with the state filing office to bring the corporation into existence. Bylaws and board policies are internal governance documents and are not filed to create the entity. The declaration is recorded in the land records to bind the property, a separate function.

Question 29Governance, Board Operations, and Governing Documents

A director owns a landscaping company that has submitted a bid to the association. What is the most appropriate board response?

  1. Set the bid aside only if a member formally objects
  2. Award the contract if the bid is the lowest received, taking no further steps
  3. Let the director vote on the contract but not sign the agreement
  4. Have the director disclose the interest and abstain from discussion and vote Correct answer.

Explanation

The duty of loyalty requires a director to put the association's interests ahead of personal interests, which ordinarily means disclosing the conflict and abstaining from deliberation and voting on the matter. Some governing documents or statutes also require the transaction to be fair and approved by disinterested directors. The minutes should record the disclosure and the abstention.

Question 30Governance, Board Operations, and Governing Documents

Which matter is most appropriate to handle in an executive session of the board?

  1. Consulting with the association's attorney about pending litigation Correct answer.
  2. Choosing a theme for the community summer event
  3. Reviewing the monthly financial report with the membership
  4. Setting the date of the next open board meeting

Explanation

Executive session is closed to members and is reserved for sensitive matters such as legal advice, litigation, personnel matters, delinquent accounts, or contract negotiations. Routine governance and social planning belong in open session. Many statutes also require that any action taken be recorded in the open minutes without disclosing confidential details.

Question 31Governance, Board Operations, and Governing Documents

When a provision in an association's recorded declaration conflicts with a provision in its bylaws, which generally controls?

  1. Whichever provision was adopted most recently
  2. The bylaws, because they govern internal operations
  3. The declaration, because it is the higher governing document Correct answer.
  4. The board chooses which provision to follow

Explanation

Governing documents follow a hierarchy in which the declaration sits above the bylaws, which in turn sit above rules and policies, all subject to applicable statutes. Where the documents conflict, the higher document prevails, and the bylaws must be consistent with the declaration. The board has no discretion to pick the provision it prefers.

Question 32Governance, Board Operations, and Governing Documents

Which action best reflects the board's financial oversight responsibility?

  1. Approving the proposed budget without comparing it to prior-year results
  2. Relying only on the management company's bank statements each month
  3. Having the treasurer personally guarantee the association's reserve funds
  4. Arranging an independent review or audit of the records as required Correct answer.

Explanation

Directors are responsible for overseeing association finances, which commonly includes an independent review or audit at the frequency required by the governing documents or statute. Independent examination provides assurance that reported figures are reliable. The board retains oversight even when a manager handles day-to-day bookkeeping.

Question 33Governance, Board Operations, and Governing Documents

May a director who cannot attend a board meeting vote by proxy?

  1. Yes, provided the proxy is filed with the secretary before the meeting
  2. Generally no, unless the governing documents or statute permit it Correct answer.
  3. Yes, if the proxy is given in writing to another director
  4. Yes, whenever the bylaws allow members to vote by proxy

Explanation

Directors owe fiduciary duties that are generally exercised in person, and most statutes and bylaws do not authorize director voting by proxy unless expressly stated. A proxy clause for members does not extend to the board. Some associations permit director participation by telephone or video conference instead, which is different from proxy voting.

Question 34Governance, Board Operations, and Governing Documents

The bylaws require a motion to pass by a majority of the votes cast. A motion receives three in favor, one opposed, and two abstentions, with a quorum present. What is the result?

  1. The motion passes, because abstentions are not counted as votes cast Correct answer.
  2. The motion fails, because abstentions count as votes against the motion
  3. The motion passes, because the presiding officer breaks the tie
  4. The motion fails, because a majority of all directors present did not favor it

Explanation

When the standard is a majority of the votes cast, only affirmative and negative votes are counted, so three of four cast votes is a majority and the motion passes. Abstentions are recorded but do not count as votes cast. The quorum requirement is separate and was satisfied.

Question 35Legal and Ethical Conduct

Under the HIPAA Privacy Rule, which activity is included in "health care operations" so that protected health information may be used without patient authorization?

  1. Sending a claim to a patient's secondary insurer
  2. Reviewing charts to evaluate clinician performance Correct answer.
  3. Reporting a gunshot wound to local police
  4. Sharing a diagnosis with the treating specialist

Explanation

Health care operations include quality assessment and improvement activities, such as reviewing records to evaluate clinician performance. Billing to an insurer falls under payment, consultation with a treating provider falls under treatment, and reporting wounds to police rests on a separate permission, not on operations.

Question 36Legal and Ethical Conduct

The federal Anti-Kickback Statute makes it illegal to:

  1. refer patients to a therapy clinic owned by the referring physician
  2. submit a claim with an incorrect diagnosis code by mistake
  3. bill Medicare for services that were not medically necessary
  4. knowingly offer or pay remuneration to induce referrals of federally payable business Correct answer.

Explanation

The Anti-Kickback Statute is a criminal statute that prohibits knowingly and willfully offering, paying, soliciting, or receiving anything of value to induce or reward referrals of items or services payable by a federal health care program. It targets the exchange of remuneration, not the medical necessity of a claim or an unintentional coding error.

Question 37Legal and Ethical Conduct

The physician self-referral law (Stark Law) prohibits a physician from referring patients for designated health services to an entity in which the physician has a financial relationship unless:

  1. the service is performed in a hospital
  2. the arrangement fits an exception and complies with its conditions Correct answer.
  3. the referral involves a patient covered by Medicare
  4. the patient signs a financial disclosure form

Explanation

Stark is a strict liability statute: a referral is prohibited unless the financial relationship meets every element of a specific statutory or regulatory exception. Patient disclosure forms and site of service do not cure a prohibited relationship, and the law applies precisely because the patient is covered by Medicare or another affected payer.

Question 38Legal and Ethical Conduct

The False Claims Act prohibits knowingly:

  1. releasing protected health information without authorization
  2. offering a gift to a Medicare beneficiary
  3. presenting a false or fraudulent claim for payment to the government Correct answer.
  4. employing a person whose name appears on the OIG exclusion list

Explanation

The False Claims Act imposes civil liability on any person who knowingly presents, or causes to be presented, a false or fraudulent claim for payment to the federal government. Employment of excluded persons, privacy breaches, and beneficiary gifts are addressed by other statutes and penalty provisions.

Question 39Legal and Ethical Conduct

Which element is typically identified first in the OIG's description of the seven elements of an effective compliance program?

  1. Auditing and monitoring of compliance activities
  2. Written standards of conduct and written policies and procedures Correct answer.
  3. Designation of a compliance officer and compliance committee
  4. Enforcement of disciplinary standards

Explanation

The seven elements begin with the adoption of written policies and standards of conduct that articulate the organization's commitment to compliance. Designation of a compliance officer and committee, training, communication, auditing, corrective action, and discipline build on that written foundation.

Question 40Legal and Ethical Conduct

A supplier that does business with your hospital invites you to an all-expenses-paid golf weekend at a resort. Under most organizational codes of conduct, the best course of action is to:

  1. decline the invitation and report it under the conflict-of-interest policy Correct answer.
  2. attend, because the supplier is a valued business partner
  3. attend but pay for your own airfare
  4. attend and give the gift to a co-worker

Explanation

Gifts of substantial value from a vendor can create, or appear to create, a conflict of interest and may implicate the Anti-Kickback Statute if they are tied to referrals. The compliant response is to decline and disclose the offer as the organization's conflict-of-interest policy requires.

Question 41Legal and Ethical Conduct

A nurse discusses a patient's diagnosis with a friend in a public elevator. This conduct is best described as:

  1. a reportable breach only if the patient files a complaint
  2. permissible as long as the room number is omitted
  3. an impermissible disclosure of protected health information Correct answer.
  4. acceptable because the friend is not a hospital employee

Explanation

The HIPAA Privacy Rule requires covered entities to take reasonable safeguards to prevent incidental or unauthorized disclosures of protected health information. Discussing a diagnosis in a public elevator with someone who has no need to know is an impermissible disclosure regardless of whether the patient complains.

Question 42Legal and Ethical Conduct

A clinician suspects that a young patient's injury was intentionally inflicted. What is the appropriate action?

  1. Report the suspicion promptly to the designated child protective agency Correct answer.
  2. Wait for the family to confirm the cause of the injury
  3. Document the concern in the chart and re-evaluate at the next visit
  4. Report only if law enforcement requests information

Explanation

Clinicians are mandatory reporters and must report reasonable suspicions of child abuse or neglect to the designated state agency within the time required by state law. A suspicion, not proof, triggers the duty, and the clinician should not defer reporting to confirm the cause or wait for a request from law enforcement.

Question 43Legal and Ethical Conduct

Under the HIPAA Breach Notification Rule, a covered entity must notify affected individuals of a breach of unsecured protected health information without unreasonable delay and no later than:

  1. 24 hours after the breach is discovered
  2. 30 days after the breach is reported to HHS
  3. 90 days after the end of the calendar year in which it occurred
  4. 60 days after discovery of the breach Correct answer.

Explanation

Individual breach notices must be sent without unreasonable delay and in no case later than 60 days after the breach is discovered. The calendar-year deadline applies only to the annual log submitted to HHS for smaller breaches, not to individual notification.

Question 44Legal and Ethical Conduct

Under HIPAA, a patient may request an accounting of disclosures of protected health information made during what period?

  1. The entire time the patient has been affiliated with the provider
  2. The six years prior to the request Correct answer.
  3. The preceding 30 days
  4. The current calendar year only

Explanation

A patient has the right to receive an accounting of disclosures for the six years before the request, subject to exceptions such as those made for treatment, payment, and health care operations. The organization may exclude disclosures that fall outside the accounting requirement.

Question 45Legal and Ethical Conduct

Which compensation arrangement is most likely protected by a safe harbor under the federal Anti-Kickback Statute?

  1. Bona fide employment where the compensation does not vary with the volume or value of referrals Correct answer.
  2. Free laboratory testing provided to a referring physician's office staff
  3. A percentage-based bonus paid to a physician for each referred patient
  4. Waiver of a Medicare copayment granted to a patient based on ability to pay

Explanation

The employment safe harbor protects payments made by an employer to a bona fide employee for employment in the furnishing of covered items or services, provided compensation is not determined by the volume or value of referrals. Percentage-based bonuses tied to referrals are the classic prohibited arrangement.

Question 46Legal and Ethical Conduct

A group practice wants to bill for imaging performed in its own office building using equipment owned by the group, with the imaging ordered by a group physician. Which Stark exception is most relevant?

  1. The personal services arrangement exception
  2. The in-office ancillary services exception Correct answer.
  3. The fair market value exception
  4. The physician recruitment exception

Explanation

The in-office ancillary services exception permits a group practice to furnish and bill for designated health services such as imaging when the service is performed in the same building or a centralized building, billed by the group, and supervised by a group physician, among other conditions. Recruitment and personal services exceptions address different relationships.

Question 47Legal and Ethical Conduct

Under the civil monetary penalty provisions on beneficiary inducements, a practitioner may generally give a Medicare patient a gift of nominal value, defined as:

  1. no gift of any value is ever permitted
  2. no more than $25 per item and $100 in the aggregate per patient per year
  3. any amount, provided the gift is not cash
  4. no more than $10 per item and $50 in the aggregate per patient per year Correct answer.

Explanation

The nominal value exception allows gifts of no more than $10 per item and no more than $50 in the aggregate to any one beneficiary in a calendar year, provided the gift is not cash or cash equivalent. Amounts above these limits risk violating the beneficiary inducement prohibition.

Question 48Legal and Ethical Conduct

A hospital learns that a technician it employs appears on the OIG List of Excluded Individuals/Entities. What is the primary compliance concern?

  1. The hospital must forfeit the technician's accrued wages to the government
  2. The exclusion applies only to the technician's future employers
  3. Federal health care programs will not pay for items or services the excluded person furnishes, and civil monetary penalties may apply Correct answer.
  4. The technician's professional license automatically lapses

Explanation

An excluded individual may not furnish, and an employer may not bill federal health care programs for, items or services that the excluded person provides, and penalties can be imposed for violations. Compliance programs therefore screen employees and contractors against the LEIE before hiring and monthly thereafter.

Question 49Legal and Ethical Conduct

An employee reports in good faith that her employer is billing for services never rendered. Under the False Claims Act's anti-retaliation provision, the employee is protected against:

  1. criticism of her work quality that was documented before the report
  2. nothing, because only the government may bring a retaliation claim
  3. discharge, demotion, suspension, harassment, or other discrimination because of the protected activity Correct answer.
  4. any change in job duties, including a promotion

Explanation

The False Claims Act protects employees who lawfully pursue or assist in an action or investigation from being discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against in the terms of employment. The employee may bring an individual retaliation action, and relief can include reinstatement and double back pay.

Question 50Legal and Ethical Conduct

Under EMTALA, when a patient comes to a hospital emergency department requesting examination, the hospital must:

  1. transfer the patient to a public facility if the patient is uninsured
  2. obtain insurance authorization before beginning treatment
  3. provide an appropriate medical screening examination to determine whether an emergency condition exists Correct answer.
  4. collect a deposit before the patient is examined

Explanation

EMTALA requires a Medicare-participating hospital with an emergency department to provide an appropriate medical screening examination to anyone who presents and requests care, regardless of insurance or ability to pay. If an emergency condition is found, the hospital must stabilize the patient or provide an appropriate transfer.