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TEST QUESTIONS
Write your answers on the answer form appearing below (photocopies of the answer form are acceptable) or on a separate sheet of paper. Mark only one correct answer.

1. The DOJ has identified the eradication of health-care fraud as what number on its priority list?

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a. No. 1 priority
b. No. 2 priority
c. No. 3 priority
d. No. 4 priority

2. How many health-care fraud cases were under review by the DOJ in 1997?

a. 270 cases
b. 500 cases
c. More than 2,000 cases
d. More than 4,000 cases

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3. How much money has Congress allocated for fiscal year 2000 to aid the DOJ in identifying and prosecuting health-care fraud?

a. $158 million
b. $240 million
c. $524 million
d. $270 million

4. The term mens rea can best be defined as:

a. Criminal acts
b. Criminal intent
c. Knowingly and willfully
d. Reckless disregard standard

5. Which one of the following acts requires a mens rea?

a. The False Claims Act
b. The Federal Anti-Fraud Act
c. The Federal Restoration Act
d. The Federal Anti-Kickback Statute

6. Remuneration is a term meaning:

a. To count
b. To initiate a suit
c. Paying something of value
d. Giving something away

7. What governmental agency does the abbreviation OIG represent?

a. Office of Interior Government
b. Office of Interior General
c. Office of Inspector General
d. Office of Independent General

8. All of the following examples were described in this article as remuneration except:

a. Fee switching
b. Cognitive services program
c. Manufacturer payment for counseling
d. Average Wholesale Price

9. Exceptions to liability under the federal anti-kickback law are known as:

a. Safe exemptions
b. Safe harbors
c. Exempted areas
d. No-kickback zones

10. Which of the following is an example of an exemption from liability under the anti-kickback law?

a. Personal service agreements
b. Receiving football tickets for switching patients' drug regimen
c. Obtaining secret price discounts from a manufacturer
d. Accepting cash payments in exchange for marketing a manufacturer's drug to a local physician

11. An action brought under a statute that allows a private person to sue for a penalty is known as:

a. Quid pro quo
b. Quasi-judicial
c. Qui tam
d. Quantum meruit

12. The court in United States ex. rel. v. Bruno's Inc. held all of the following except:

a. The $5.40 dispensing fee charged for Medicaid prescriptions violated the statute
b. The plaintiff, a sole proprietorship, failed to meet the statutory definition of original source
c. The term general public referred to a cash customer
d. Usual and customary charge did not refer to dispensing fees charged to other third-party providers

13. What is another term for multiple-source drugs as defined in federal regulations?

a. Brand-name drugs
b. Formulary drugs
c. Generic drugs
d. Other drug category

14. Which federal agency is responsible for setting specific upper limits for reimbursement of certain multiple-source drugs?

a. DOJ
b. OIG
c. FDA
d. HCFA

15. Medicaid reimbursement of brand-name drugs continues to be based on the requirement that payment may be determined by which one of the following:

a. EAC
b. AWP
c. MAC
d. Other third-party billed charges

16. In United States v. Russell, area pharmacists testified they would not fill Dr. Wilson's prescriptions for all of the following reasons except:

a. Dangerous drug combinations
b. Patients' inability to pay
c. Patients appeared to be under the influence of drugs
d. Patients were often unruly

17. Which of the following choices is not a type of fraudulent prescription?

a. Altering of the amount prescribed
b. Legitimate prescription pads stolen from physicians' offices
c. Refills authorized by a physician's nurse
d. A computer-generated copy of a legitimate doctor's prescription

18. Of the following criteria, which one best indicates a legitimate medical purpose?

a. The prescriptions are written for both depressants and stimulants.
b. The patient presents a prescription written for another individual.
c. A number of patients present the pharmacist with similar prescriptions from the same physician.
d. A patient arrives at the pharmacy a few days early to have his 30-day supply prescription refilled.

19. According to the DOJ's "A Pharmacist Guide to Prescription Fraud," a forged prescription may occur with which one of the following conditions?

a. The prescription is handwritten.
b. The handwriting is illegible.
c. The directions are written with no abbreviations used.
d. The prescription is folded.

20. A pharmacist should perform all the following prevention techniques in his/her practice setting except:

a. Know the prescriber's DEA number
b. Call the prescriber for verification after dispensing the medication
c. Ask for proper identification
d. Call the local police if the pharmacist believes a prescription has been forged

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