EXAM REVIEW COURSE
Florida Exam ◘ MODULE 6
referencsection
Ch. 400
Nursing Home Administration
Speed Reader
Examination 1
Examination 2
Examination 3
Examination 4
Examination 5
Examination 6
Stan Mucinic, LNHA
LEGAL NOTICES
Students enrolled in the “Florida Nursing Home Administrator Licensing Course” are purchasing professional knowledge of the instructor to assist the student to prepare for the State Laws and Rules Exam administered by the National Association of Boards of Examiners (NAB).
This is a 3-week intensive independent study program designed to provide students a unique personalized and structured learning environment where progress is monitored by the instructor through email to help students maintain focus and complete scheduled assignments timely.
THE INSTRUCTOR MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND THAT COMPLETION OF THIS OR ANY LICENSURE PREPARATION COURSE OFFERED BY INSTRUCTOR WILL GUARANTEE A PASSING SCORE ON ANY LICENSING EXAM.
An individual’s ultimate success in passing the licensure exam is dependent on an individual’s professional experience, academic preparation, and the time and energy the individual can commit to exam study and preparation. A student’s work schedule or other commitments may require more time to prepare for an exam than allotted by NAB or state licensing boards. The student is solely responsible for licensing exam registration/testing and retesting fees.
HOW TO USE THE STUDY GUIDES
Step 1 – VERY IMPORTANT - The personalized test organizer that comes with the program is the key to your success and sets this program apart from any other. It is critical you follow the instructions and score each exam, and file the completed exams into your binder. Try to keep to the schedule and email your test results to the instructor to stay focused.
Step 2. - Speed Reader – Read the speed reader for each module once or twice before taking the module exam(s). Read the speed reader over and over again until you familiarize yourself with its contents. THE MORE TIMES YOU LOOK IT THE MORE LIKELY YOU ARE TO REMEMBER IT.
Step 3 – Exam Packet - The exam packet contains questions designed to measure your comprehension and retention of the material you read. Take each exam over and over again until you score 100%. Make sure you score each exam and record the results in your organizer or you will not be able to gauge your progress.
The exam questions are cross referenced to the speed reader to allow you to quickly find and review material you missed on the exam as follows:
Thus, the specific material would be found on page 2 of the speed reader, section 1.8, subparagraph 13.
Contact Information
Email Stan Mucinic at with any questions and after you score each practice exam
Nursing Home Regulations
1. Records of meetings of the risk management and quality assurance committee and incident reports are confidential and exempt from public disclosure
2. If AHCA has evidence a facility staff member engaged in criminal activity, AHCA may disclose such records to law enforcement
3. Records disclosed to a law enforcement agency remain confidential and exempt until criminal charges are filed.
4. All of the above / 18/6.5(1-3)
2. / AHCA may deny an application, revoke or suspend a license, or impose an administrative fine, not to exceed $___ per violation per day, against any applicant or licensee: / 1 2 3 4
1. $500
2. $1000
3. $5000
4. $10,000 / 13/5.10(1-2)
3. / The maximum AHCA can fine a facility for any one violation is ______. / 1 2 3 4
1. $1,000
2. $5,000
3. $10,000
4. $15,000 / 13/5.10
4. / All of the following are grounds for disciplinary action by AHCA except: / 1 2 3 4
1. An intentional or negligent act materially affecting the health or safety of residents of the facility;
2. Misappropriation or conversion of the property of a resident of the facility;
3. Failure to follow the criteria and procedures provided under part I of chapter 394 relating to the transportation, voluntary admission, and involuntary examination of a nursing home resident;
4. Filing required reports timely / 13/5.9(1)
5 / If a notice of emergency transfer or discharge is not given in writing, written notice must be given ______. / 1 2 3 4
28/12.5(5)
1. By the next working day
2. Within 2 working days
3. Within 3 working days
4. Within 4 working days
6 / Any action for damages must be commenced within __ years from when the incident occurred or within __ years from the time the incident is discovered. / 1 2 3 4
1. 1, 4
2. 2, 2
3. 3, 5
4. 4, 4 / 10/4.8(1)(A)&(b)
7 / If AHCA believes a licensee has violated any law or regulation, it could not ____ / 1 2 3 4
1. Deny an application of initial licensure
2. Administrative or injunctive action against an applicant for re-licensure or a current license
3. Injunctive action against a facility operating without a license
4. Adjudicate an applicant guilty and impose criminal sanctions / 13/5.9(2)(A-F)
8 / A facility license expires ______from the date of issuance. / 1 2 3 4
1. 6 months 3. 3 years
2. 1 year 4. 3 Years / 12/5.7(1)
9 / Failure to file a license renewal application timely must result in a late fee equal to ____ percent of the fee in effect on the last preceding regular renewal date. / 1 2 3 4
1. 10% 3. 50%
2. 30% 4. 100% / 12/5.8(1)
10 / An administrator may be held liable for punitive damages only if the judge finds convincing evidence that the defendant was personally ______. / 1 2 3 4
11/4.9(2)
1. Guilty of intentional misconduct or gross negligence.
2. Guilty of unintentional misconduct or negligence
3. Guilty of comparative negligence
4. Guilty of contributory negligence
11 / "Intentional misconduct" means a ______. / 1 2 3 4
1. Defendant knew their conduct was wrong and would injure or damage another and d still pursued that course of action
2. The defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct
3. The defendant failed to exercise prudent care
4. All of the above / 11/4.9(3)
12 / "Gross negligence" means ______. / 1 2 3 4
1. The defendant knew wrongfulness of the conduct and high probability of injury and still pursued conduct resulting in injury
2. The defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to life and safety
3. The defendant failed to exercise prudent care
4. All of the above / 11/4.9(4)
13 / In the case of an employer, punitive damages may be imposed for the conduct of an employee or agent only if the employer ______/ 1 2 3 4
11/4.9(5)
1. Actively and knowingly participated in such conduct
2. Condoned, ratified, or consented to such conduct
3. Engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant
4. All of the above
14 / An award of punitive damages may not exceed the greater of _____times the amount of compensatory damages awarded to each claimant or $______. / 1 2 3 4
1. Two times, $500,000
2. Three times, $1 million
3. Four times, $4 million
4. Five times, $6 million / 11/4.10(1)
15. / Where wrongful conduct was motivated by unreasonable financial gain and the high likelihood of injury from conduct, was actually known by defendant, punitive damages may be awarded not to exceed the greater of: ____ times the amount of compensatory damages or $_____. / 1 2 3 4
1. Two times, $500,000
2. Three times, $1 million
3. Four times, $4 million
4. Five times, $6 million / 11/4.10(2)
16. / Where defendant had specific intent to harm the claimant and the defendant's conduct did in fact harm the claimant, the amount of punitive damages may be ______. / 1 2 3 4
1. $5 million 3. $10 million
2. $8 million 4. Unlimited (there is no cap) / 11/4.10(3)
17. / Where punitive damages are awarded to a claimant for gross conduct, the clerk of the court must refer the case / 1 2 3 4
11/4.10(4)
1. AHCA
2. CMS
3. Law enforcement
4. Department of Children and Family Services
18. / All findings by the judge (trier of fact) which support an award of punitive damages is / 1 2 3 4
1. Admissible as evidence in any subsequent civil or criminal trial
2. Not admissible as evidence in any subsequent civil or criminal trial
3. Required to sealed by the court
4. Is not accessible to licensing or regulatory boards or agencies / 11/4.10(5)
19. / "Discharge" means ______. / 1 2 3 4
1. Discharging a resident from a skilled nursing facility to a non-institutional setting
2. Discharging a resident from a skilled nursing facility to another legally responsible institutional setting
3. Terminating a resident
4. None of the above / 27/12.1(1)
20. / "Transfer" means ______. / 1 2 3 4
1. Discharging a resident from a skilled nursing facility to a non-institutional setting
2. Discharging a resident from a skilled nursing facility to another legally responsible institutional setting
3. Terminating a resident
4. None of the above / 27/12.1(2)
21. / When discharge or transfer is initiated by the nursing home, the ______must sign the notice of discharge or transfer. / 1 2 3 4
1. Medical director
2. Administrator
3. DON
4. Attending physician / 27/12.3(1)
22. / Any notice indicating a medical reason for transfer or discharge must be signed by the _____or ______, or include a written order of discharge or transfer. / 1 2 3 4
1. Attending physician, medical director
2. Administrator, DON
3. Medical director, DON
4. Attending physician, administrator / 27/12.4(4)
23. / Each facility must notify the _____ of any proposed discharge or transfer of a resident when changes in the physical plant of the facility make it unsafe. / 1 2 3 4
1. AHCA
2. State Ombudsman
3. CMS
4. Department of children and family services / 28/12.6(1)
24. / Upon receipt of notice of change in physical plant of the facility necessitating resident discharge or transfer, an onsite inspection of the facility is required to verify ______. / 1 2 3 4
1. The aggregate dollar amount in damage to the facility
2. That the facility had the required insurance coverage
3. The necessity of the discharge or transfer
4. None of the above / 28/12.6
25. / Which of the following is true? / 1 2 3 4
1. A Medicaid or Medicare resident cannot challenge a decision by a facility to discharge or transfer them.
2. A facility that collected a bed reservation payment and then refuses to readmit a resident within the prescribed timeframe must refund the payment
3. At least 15 days prior to any proposed transfer or discharge, a facility must provide advance notice of the proposed transfer or discharge to the resident and a family member or the resident's legal representative
4. None of the above / 28/12.10
27/12.3
26 / A facility may provide little or no advance notice prior to transfer or discharge of a resident where ______/ 1 2 3 4
1. A resident did not pay their bill
2. A resident filed a report of abuse with their Sate Abuse Hotline
3. A resident was hospitalized
4. A resident changed payor source / 27/12.2(1-5)
27. / A notice of non-emergency transfer or discharge must be given to a resident ______. / 1 2 3 4
1. Orally
2. In writing
3. By telephone or in person
4. None of the above / 27/12.4(6)
28. / The notice of transfer or discharge must ______/ 1 2 3 4
1. State the location resident was transferred to
2. State the reason for the discharge
3. State the effective date discharge or transfer
4. All of the above / 28/12.11(1-6)
29 / A discharge or transfer form must clearly describe the resident's appeal rights and the procedures to file an appeal, including the right to request the ______to review the notice of discharge or transfer. / 1 2 3 4
28/12.11(2)
1. Administrator
2. CMS
3. Medical director
4. Long term care ombudsman
30. / A copy of the notice of non-emergency discharge or transfer must be placed in the resident's clinical record, one copy must be transmitted to the resident’s legal guardian, and to the local ombudsman council within ____ business days after signature by the resident / 1 2 3 4
27/12.4(2)
1. 3 days
2. 5 days
3. 7 days
4. 10 days
31. / If a resident requests the ombudsman to review any notice of discharge, the ombudsman must do so within __ days after receipt of the request. / 1 2 3 4
28/12.7(2)
1. 3 days
2. 5 days
3. 7 days
4. 10 days
32 / The nursing home administrator must forward the request from the resident to the ombudsman to review a notice of non-emergency discharge within __ hours after such request is submitted. / 1 2 3 4
1. 12 hours
2. 24 hours
3. 36 hours
4. 72 hours / 28/12.7(1)
33 / Every nursing home must have a grievance procedure available to its residents and their families and the procedure must include______/ 1 2 3 4
1. An explanation of how to pursue redress of a grievance
2. The names, job titles, and telephone numbers of the employees responsible for implementing the facility's grievance procedure. The list must include the address and the toll-free telephone numbers of the ombudsman and the agency.
3. A simple description of the process through which a resident may, at any time, contact the toll-free telephone hotline of the ombudsman or the agency to report the unresolved grievance.