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The theory of vicarious liability or ostensible agency can expose a health plan to the risk that it could be held liable for the acts of independent contractors. Factors that may give rise to the assumption that an agency relationship exists between a health plan and its independent contractors include:
Suggested Answer: B
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19 comments · newest first
FE
Felton
10 months ago
I thought requiring records was just standard practice, not a liability issue!
RO
Rolande
10 months ago
Wait, can they really be liable for independent contractors?
KI
Kirk
11 months ago
I think B is more relevant.
FR
Francoise
11 months ago
All of the above makes sense to me!
LU
Lucille
11 months ago
A is definitely a factor!
MO
Monte
12 months ago
I feel like "all of the above" could be the right answer since they all seem to point towards some level of control or relationship.
MI
Micheal
12 months ago
This question reminds me of a practice exam we did where we debated the implications of employing nurses. I wonder if that really affects liability.
CL
Clemencia
1 year ago
I think requiring providers to maintain their own medical records could suggest independence, but I'm not confident about the others.
MI
Mitsue
1 year ago
I remember discussing vicarious liability in class, but I'm not entirely sure if all these factors definitely imply an agency relationship.
ST
Stephania
1 year ago
This is a tricky one. I'm not totally sure what the right answer is, but I'll try to eliminate the options that seem less likely. Requiring providers to maintain their own medical records doesn't seem like it would create an agency relationship, since that's a pretty standard practice. I'll have to think more about the other factors.
PH
Phil
1 year ago
Okay, I've got this. The key is to identify the factors that suggest the health plan has a high degree of control or oversight over the independent contractors. Things like providing staff support or requiring the providers to use the health plan's medical records system would likely create an agency relationship, even if the providers supply their own office space.
JA
Janet
1 year ago
Hmm, I'm a little unsure about this one. The question is asking about the theory of vicarious liability, which I remember discussing in class, but I'm not totally confident in my understanding of the specific factors that can lead to an agency relationship. I'll need to think this through carefully.
JO
Johnathon
1 year ago
This seems like a straightforward question about the factors that can lead to a health plan being held liable for the actions of its independent contractors. I'll need to carefully consider each option and think about which factors are most likely to create an agency relationship.
LO
Lorean
1 year ago
Hmm, I'm not sure. I was thinking C) Requiring providers to maintain their own medical records might not be a factor in establishing an agency relationship. Doesn't that indicate more independence?
TA
Tashia
1 year ago
I think D) All of the above is the correct answer. These factors suggest an agency relationship between the health plan and its independent contractors.
VE
Veronica
10 months ago
Yes, it’s clear they could be held liable.
ST
Stephaine
10 months ago
Definitely, those factors indicate a connection.
HE
Helaine
11 months ago
I agree, D) All of the above makes sense.
SA
Salome
11 months ago
I think D is the best choice too!