2) Healthcare law & policy Flashcards

1
Q

THE ACT FOR THE RELIEF OF SICK AND DISABLED SEAMEN OF 1798

A
  • The first federal health law and first evidence of federally funded health care was signed into law by President John Adams
  • Was developed as a result of essential foreign trade decline due to seamen sustaining injuries or contracting Yellow Fever while working on merchant ships
  • The act authorized a mandatory twenty cent deduction from a merchant seaman’s monthly wages, in order to provide medical funding for sick and disabled seamen.
  • The act created the Marine Hospital Service, which was a series of hospitals built and operated by the federal government to treat injured and ill sailors with the surplus collections.
  • Medicaid is the modern-day version of this health care program
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2
Q

SOCIAL SECURITY ACT AMENDMENTS OF 1965

A
  • President Lyndon B. Johnson signed the Social Security Act Amendments of 1965 into law, establishing Title XVIII (Medicare program) and Title XIX (Medicaid program)
  • Social security is a government funded health insurance program
  • funded by taxes on employee incomes and employer contributions
  • Medicare and Medicaid are administered by Centers for Medicare and Medicaid Services (CMS)
  • Medicaid serves to improve access to medical care and resources for those with low incomes as well as
    comprehensive care for children of low-income families
  • Medicaid eligibility is determined by the state of residence and components vary significantly (type, amount of coverage, scope, duration)
  • Medicare provides coverage to individuals ≥ 65 years old, individuals who have End-Stage Renal Disease, and possible coverage to younger people with disabilities (after 24 months of disability)
  • Medicare Part A covers hospital costs, skilled nursing facilities, inpatient rehab, home health, and hospice care, as well as prescription drugs used while in these settings
  • Medicare Part B covers physician visits, outpatient hospital services, medical supplies, pharmaceuticals used in conjunction with physician services, rehab services, and other services not covered by Part A
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3
Q

BALANCED BUDGET ACT OF 1997

A
  • Enacted by the 105th United States Congress on 8/5/97 to balance the federal budget by 2002
  • An extensive act organized into 11 titles:
  • Title I: Food Stamp Provisions
  • Title II: Housing and Related Provisions
  • Title III: Communications and Spectrum Allocation Provisions
  • Title IV: Medicare, Medicaid, and Children’s Health Provisions
  • Title V: Welfare and Related Provisions
  • Title VI: Education and Related Provisions
  • Title VII: Civil Service Retirement and Related Provisions
  • Title VIII: Veterans and Related Provisions
  • Title IX: Asset Sales, User Fees, and Miscellaneous Provisions
  • Title X: Budget Enforcement and Process Provisions
  • Title XI: District of Columbia Revitalization
  • Imposed a $1,500 cap on outpatient therapy services with an effective date of January 1, 1999
  • prior to this the SSA had imposed a cap of $900
  • applied it to outpatient therapy services furnished in skilled nursing facilities, physician’s offices, home health agencies (Part B), skilled nursing facilities (Part B), in addition to physical therapist private practice offices.
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4
Q

PATIENT SELF-DETERMINATION ACT (PDSA) OF 1990

A

Was passed as part of the Omnibus Budget Reconciliation Act of 1990, Public Law (P.L.) 101-508 on 12/1/91
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require hospitals, skilled nursing facilities, home health agencies, hospice programs, and health maintenance organizations to:
(1) inform patients of their rights under State law to make decisions concerning their medical care
PATIENT SELF-DETERMINATION ACT (PDSA) OF 1990
(2) periodically inquire as to whether a patient executed an advanced directive and document the patient’s wishes regarding their medical care
(3) not discriminate against persons who have executed an advanced directive
(4) ensure that legally valid advance directives and documented medical care wishes are implemented to the extent permitted by State law
(5) provide educational programs for staff, patients, and the community on ethical issues concerning patient self-determination and advance directives

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5
Q

THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003

A
  • A momentous amendment made in 2003 to modernize some important components of the original structure of Medicare (1965)
  • Targeted 3 items:
    1. Provided outpatient prescription drug benefits through either a Medicare Advantage Prescription Plan or a
      stand-alone Prescription Drug Plan
  • AKA Medicare Part D
    1. Amended Medicare Part C which was originally developed to provide Medicare beneficiaries an option other
      than the traditional fee-for-service program.
  • This act renamed the former managed care program, Medicare + Choice, to Medicare Advantage
  • Regulated by the private sector (intended to provide more affordable options than traditional Medicare)
    1. Reduction of waste, fraud and abuse of Medicare services
  • Goals of this act: to increase life expectancy, increase access to prevention services, and reduce health disparities
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6
Q

PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA) OF 2010

A
  • The 1st part of the comprehensive health care law was enacted on March 23, 2010.
  • The law was amended by the Health Care and Education Reconciliation Act on March 30, 2010.
  • “Obamacare”
  • The law has 2 parts: the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act.
  • Purpose: to lower federal government spending on health care. In 2009, Medicare and Medicaid cost $676 billion or 10.4% of the budget. These costs would double by 2020 to 20% of the budget.
  • The presidential administration stated the only way to cut federal health care spending was to lower the cost of healthcare for the nation via reducing the number of hospital visits
  • 3 primary goals:
  • Make affordable health insurance available to more people. The law provides consumers with subsidies (“premium tax
    credits”) that lower costs for households with incomes between 100% and 400% of the federal poverty level.
  • Expand the Medicaid program to cover all adults with income below 138% of the federal poverty level
  • Support innovative medical care delivery methods designed to lower the costs of health care generally
  • Components of the law were phased in over 4 years (from 2010-2014)
  • Every citizen was required to have health insurance by 3/31/2014 or face an income tax surcharge.
  • This penalty was eliminated by the Tax Cuts and Jobs Act effective in 2019.
  • Preventive Care for plans created after 2010 is covered without co-pay or a deductible
  • Insurance companies were prohibited from dropping coverage if someone became gravely ill, creating lifetime coverage limits, and could no longer deny coverage to children and adults with pre-existing conditions
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7
Q

THE CIVIL RIGHTS ACT OF 1964

A
  • Was enacted by the 88thUnited States Congress and signed into law by President Lyndon Johnson on July 2, 1964
  • Banned discrimination based on race, color, religion, sex, or national origin in any capacity as outlined by Titles I through XI:
  • Title I: voting rules, requirements, and procedures be applied equally
  • Title II: barred discrimination in public facilities
  • Title III: desegregation of public facilities
  • Title IV: desegregation of public education
  • Title V: expands the civil rights commission’s investigation of duties and powers
  • Title VI: bans discrimination for any program receiving federal financial assistance
  • Title VII: bans discrimination granting equal employment opportunity
  • Title VIII: authorizes census to collect voter registration based on race, color, and national origin
  • Title IX: Intervention procedure in civil rights cases
  • Title X: establishment of community relation’s service
  • Title XI: miscellaneous- anyone accused of criminal 1 contempt under title II, III, IV, V, VI, or VII is entitled to a trial by jury
  • Prior to this act, no law extended this degree of protection of rights to any individual of color.
  • As stated in Title VI, any entity receiving government funding, including hospitals, would be subject to providing equal care to all
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8
Q

THE REHABILITATION ACT OF 1973

A
  • Signed into law by President Nixon in 1973
  • The first disability civil rights law
  • Replaced The Vocational Rehabilitation Act of 1917 which only addressed veterans with disabilities
  • This act set out policies to provide and increase programs and services, grants to states, federal responsibilities, employment and independent living for all individuals with disabilities.
  • The act was amended twice, in 1984 and again in 1992
  • The 1984 Amendment established the Client Assistant Program (CAP) in each state.
  • CAP’s purpose: to ensure clients and eligible individuals have the resources and information re: what the Rehabilitation Act can provide for them.
  • The 1992 Amendment prioritized employment as the main goal during rehabilitation for disabled individuals. Individuals are provided the right to partake in deciding on which goals are to be implemented
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9
Q

How many and what are the titles of the Rehabilitation Act of 1973

A
  • Has 7 titles:
  • Title I establishes the vocational rehabilitation services. Grant funding, state plans, eligibility, standards and goals for clients fall under this title.
  • Title II authorizes research and training for disability and rehabilitation.
  • Title III authorizes grants and contracts for continued education, academic training, and demonstration programs for the skilled personnel who are providing rehabilitation services for disabled individuals. This title also provides the disabled and their representatives to receive further education and information on how to access rehabilitation services.
  • Title IV establishes the duties and staff of the National Council on Disability.
  • Title V protects the rights and advocacy of the disabled individual (of note are sections 501 and 503 for protect individuals from discrimination for hire; section 504 discrimination of students; 508 requires federal agencies to make comm technology services accessible).
  • Title VI focuses on providing employment opportunities for the disabled.
  • Title VII provides individuals with disabilities services and centers to live independently. Funding is provided to
    eligible individuals and grants are provided to centers for independent living
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10
Q

THE CIVIL RIGHTS ACT OF 1991

A
  • Signed into law by President George H.W. Bush on November 21, 1991
  • This law was passed as a response to several Supreme Court rulings to amend Title VII of the Civil Rights Act of 1964.
  • This provision granted further protection to individuals, including those with disabilities, from intentional discrimination for employment opportunities or workplace harassment as defined by Title VII of the Civil Rights Act of 1964 and the Americans With Disabilities Act.
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11
Q

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) OF 1974

A
  • A federal law that protects the privacy of student education records
  • Applies to all schools that receive funds under an applicable program
    of the U.S. Department of Education
  • FERPA gives parents certain rights with respect to their children’s education records.
  • These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.
  • Students to whom the rights have transferred are “eligible students.“
  • Schools must have written permission from the parent or
    eligible student in order to release any information from a student’s education record except for disclosing to the following parties or under the following conditions (34 CFR § 99.31):
  • School officials with legitimate educational interest * Other schools to which a student is transferring
  • Specified officials for audit or evaluation purposes
  • Appropriate parties in connection with financial aid to a
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12
Q

THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) OF 1975

A
  • Purpose: to make available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children
  • Governs how states and public agencies provide early intervention, special education, and related services to eligible infants, toddlers, children, and youth with disabilities
  • Authorizes formula grants to states and discretionary grants to state educational agencies, institutions of higher education, and other nonprofit organizations
  • Comprised of 4 Parts:
  • A. General provisions
  • B. Assistance for All Children with Disabilities: includes provisions related to formula grants to provide for children with disabilities ages three through 21
  • C. Infants and Toddlers with Disabilities: includes provisions related to formula grants to provide for infants and toddlers birth through age two and their families.
  • D. National Activities to Improve Education of Children with Disabilities: includes provisions related to discretionary grants to support state personnel development, technical assistance and dissemination, technology, and parent-training and information centers
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13
Q

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985

A
  • COBRA is a Federal Law providing rights to temporary continuation of group healthcare coverage when an employee has lost coverage due to a qualifying event
  • This law protects employees, retirees, and family members at group rates and generally applies to employers who have employed 20 or more employees in the prior calendar year.
  • Qualifying events include: job loss whether voluntary or involuntary, reduction in hours worked, transition between jobs, death, divorce, or other life events
  • Guaranteed coverage for up to 18 months after the last day of employment for the former employee, and family members may be eligible to have their coverage extended for up to 36 months
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14
Q

ANTI-KICKBACK STATUTE

A
  • Congress enacted this statute as part of the Social Security Amendments in 1972 in effort to prevent Medicare and
    Medicaid fraud and abuse
  • Violations were considered a misdemeanor -> cases of fraud and abuse were increasing
  • In 1977, Congress passed the Medicare and Medicaid Anti-Fraud and Abuse Amendments
  • increasing the violations from a misdemeanor to a felony charge
  • AKS prohibits the knowing and willful payments of remuneration to induce or reward patient referrals or business generation involved with any items or service payable by the Federal health care programs including Medicare and Medicaid
  • Remuneration is anything considered valuable such as: cash, free rent, waiving co-pays, expensive trips and hotel stays, meals, excessive compensation for consultations
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15
Q

THE HEALTHCARE QUALITY IMPROVEMENT ACT OF 1986

A
  • Created in 1986 to provide protection for peer reviewers regarding malpractice by physicians
  • Approved by Congress to improve a physician’s healthcare quality via peer reviews
  • Created by legislation from the case Patrick vs. Burget
  • Dr. Patrick filed a lawsuit alleging that physicians violated antitrust laws by using the hospital’s peer review system to destroy his practice
  • The result of this case would deter physicians from participating in peer reviews
  • PTs do not have an act in place to promote healthcare quality through peer reviews.
  • PTs have guidelines in place to promote quality care for the community -> the Code of Ethics for the Physical Therapist (Code of Ethics)
  • created by the House of Delegates of the American Physical Therapy Association
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16
Q

VOLUNTEER PROTECTION ACT OF 1997/GOOD SAMARITAN LAWS

A
  • Federal Law enacted in 1997
  • Purpose: to stop the withdrawal of volunteers from social programs due to possibility of legal action
  • The government relies on volunteers to keep programs cost effective.
  • The Volunteer Protection Act of 1997 protects volunteers of non-profit or government agencies from acts of ordinary negligence.
  • Ordinary negligence occurs when a person does not take appropriate precautions and causes harm to an individual. This act protects the volunteer within their scope of responsibilities
  • Good Samaritan Laws are State Laws – all 50 states and Washington D.C. have their own
    • *
      *
      A good Samaritan “is anyone who renders aid in an emergency to an injured or ill person.” (West, 2020)
      Generally, if the victim is unconscious or unresponsive, a good Samaritan can help them on the grounds of implied consent.
      If the person is conscious and can reasonably respond, a potential rescuer should first seek permission.
17
Q

(HIPAA) THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT

A

Enacted in 1996 to provide a regulated, standardized method of protecting medical information and data privacy
(HIPAA)
2 primary purposes:
1) Protecting health insurance for people who lose or change jobs
2) To standardize electronic communication of administrative and financial records to reduce cost burdens

18
Q

What are the 5 sections of HIPPA

A

5 sections
* Title I, “HIPAA Health Insurance Reform,”
* Ensures and protects individuals from losing health care insurance based on losing or changing jobs.
* This title also protects individuals with pre-existing conditions from being denied health insurance or having a limit for lifetime coverage
* Title II, “HIPAA Administrative Simplification,”
* Directs the U.S Department of Health and Human Services (HHS) to standardize electronic
healthcare communication.
* It requires organizations to implement safe electronic access to patients’ health data, remaining in compliance with the privacy regulations which were set by the HHS
* Title III: HIPAA Tax-Related Health Provisions
* provides healthcare guidelines concerning tax-related provisions
* Title IV: Application and Enforcement of Group Health Plan Requirements
* Defines further reform in providing support and regulations for individuals seeking health insurance with pre-existing conditions or diseases and individuals who are seeking continued coverage
* Title V: Revenue Offsets

19
Q

Describe HIPPA enforcement and penalties

A
  • HIPAA legislation mandates compliance with the standards and provisions involving administrative simplification,
    privacy, and security.
  • Civil and/or criminal penalties may be imposed for non-compliance of HIPAA standards. A three-tier civil penalty structure for HIPAA violations was established under the American Recovery and Reinvestment Act (ARRA) of 2009 that was signed into law on February 17, 2009. Criminal penalties can be imposed for the following violations:
  • Knowingly obtaining or disclosing individually identifiable health information (IIHI): $50,000 and imprisonment for up to 1 year.
  • Offenses committed under false pretenses: $100,000 and up to 5 years in prison.
  • Offenses committed with the intent to sell, transfer, or use IIHI for commercial advantage, personal gain, or
    malicious harm: $250,000 and imprisonment for up to 10 years.
  • Three agencies responsible for enforcing standards and provisions are the Office of the Inspector General (OIG), the Centers for Medicare and Medicaid Services (CMS), and the Office of Civil Rights (OCR).
20
Q

HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT 2009

A
  • In 2009, President Obama signed an economic stimulus bill entitled the American Recovery and Reinvestment Act (ARRA).
  • In Section XIII of ARRA, The Health Information Technology for Economic and Clinical Health Act (HITECH) was introduced.
  • Reinforced many policies and standards for health information technology (HIT) that guided the development of the electronic health record (EHR)
  • The government invested an estimated $19 billion in incentive payments to physicians and hospitals enrolled with Medicare and Medicaid to embrace meaningful use of EHRs by summer of 2009
  • HITECH delivered improved privacy and security provisions necessary for health information technology advancement.
  • Requires the training of clinicians for best privacy practice when using electronic transmission of protected health information.
21
Q

THE PATIENT SAFETY AND QUALITY IMPROVEMENT ACT (PSQIA) OF 2005

A

1) An amendment to Title IX of the Public Health Service Act (a public law)
2) “The statute provides for the improvement of patient safety and the reduction of the incidence of events that adversely affect patient safety.”
3) Some changes included: privilege and confidentiality protections (HIPAA), network of patient safety databases, and patient safety organization certification
4) The information in PSQIA addressing HIPAA confidentiality is a critical piece for healthcare professionals to be familiar with:
* Includes: what is protected health information (PHI), what is a breach of PHI, and information security
5)Subsequent legal amendments to PSQIA have also put in place the enforcement of the Health Information Technology for Economic and Clinical Health (HITECH) Act regulations by the U.S. Department of Health & Human Services Office for Civil Rights

22
Q

SAFETY FOR SENIORS ACT OF 2007

A

Purpose: To reduce falls and associated health care costs by researching fall risk factors and reduction strategies; educating physicians and health care professionals on fall prevention as well as the public in an effort to prevent and reduce falls in older adults; and evaluating the most effective strategies for reducing health care costs via fall prevention programs and education
This bill amended the Public Health Service Act by expanding the authorization of the Secretary of Health and Human Services to accomplish:
1) The addition of an education component with the goal of creating a national education campaign and providing grants and contracts for local campaigns to be conducted
2) The goal of the educational campaigns is to “develop public and professional education strategies aimed at raising awareness about older adult falls.”
3) Support of research into falls risks and fall reduction strategies for older adults and specific populations.
This branch of the act includes a provision to “improve the diagnosis, treatment, and rehabilitation of elderly fall victims and older adults at high risk for falls
4) Promotion of a multistate demonstration project tasked with reporting findings back to Congress. One project born from this is Falls Prevention Day (September 22, the first day of fall) and Month

23
Q

IMPROVING MEDICARE POST-ACUTE CARE TRANSFORMATION (IMPACT) ACT OF 2014

A
  • Signed into law on October 6, 2014
  • Requires standardization of patient assessments in post-acute care settings with the goal of improving
    outcomes for Medicare beneficiaries
  • Is intended to positively affect outcomes through shared decision making, care coordination, and discharge planning
  • Requires that post-acute care entities report standardized patient assessment data that meets interoperability standards allowing for the improved exchange of data among providers
  • The Quality Measure Domains identified by CMS for the IMPACT Act are: Skin Integrity, Functional Status, Medication Reconciliation, Incidence of Major Falls, and Transfer of Health Information
  • Section GG: Functional Abilities and Goals. intended to provide therapists with an objective, standardized method of assessing a patient’s need for assistance with self-care and mobility activities.
24
Q

STATE PRACTICE ACTS

A

Statutes that govern the practice of physical therapy in a state.
¡ Defines the scope of practice for PTs, PTAs, and students in that state.
¡ Define hearing process for investigation brought against practitioner
¡ Most states delegate responsibility of interpretation of statutes to the board.
¡ Example: supervision of PTAs, students

25
Q

STATE BOARDS OF PHYSICAL THERAPY PRACTICE

A

Responsible for the rules and regulations governing the PT profession in a state
Responsible for overseeing state licensure of PTs and PTAs
Interpret laws/statutes that require further interpretation
Review complaints brought against practitioners of physical therapy

26
Q

FEDERATION OF STATE BOARDS OF PHYSICAL THERAPY (FSBPT)

A

¡ One representative from each of the states’ boards of physical therapy practice.
¡ Responsible for development and administration of the National Physical Therapy Licensure Examination (NPTE).
¡ Have developed a jurisprudence examination testing the practitioner’s knowledge of laws and statutes in physical therapy practice (requirement varies by state).

27
Q

Define malpractice

A

Unreasonable behavior/treatment that causes severe injury

28
Q

Define fraud

A

Intentional deception or intentional misrepresentation that a person makes to gain a benefit for which that person is not entitled.
* Examples include:
* Knowingly billing for services that were not furnished
* Knowingly altering claim forms to receive a higher payment amount
* Falsifying documentation
* Using unlicensed individuals to provide services

29
Q

Define abuse

A

Involves payment for items or services when there is no legal entitlement to that payment, and the health care provider has not knowingly and/or intentionally misrepresented facts to obtain payment
* Examples include:
* Misusing codes on a claim
* Charging excessively for services or supplies
* Billing for services that were not medically necessary

30
Q

Billing for more expensive services than what was provided would be a violation of which statute?

A

False claims act

31
Q

Which statute prohibits receiving compensation for a referral of services payable by Medicare?

A

Federal Anti-Kickback Statute

32
Q

Which statute prohibits making a referral where the referring practitioner has a financial interest?

A

Stark law

33
Q

Define negligence

A

Negligence is the most probable lawsuit a physical therapist will potentially face. It is important to be familiar with the concepts of negligence in order to protect yourself against facing litigation.

Key elements:
1. Duty
2. Breach of Duty
3. Causation
4. Damages

34
Q

Texas Practice Act 322.2: Role Delineations

A

(1) The PT holds primary responsibility for physical therapy care rendered under his supervision.
(2) The PT’s professional responsibilities include, but are not limited to:
(A) Performance and documentation of the initial physical therapy examination and evaluation of the patient;
(B) Interpretation of the practitioner’s referral;
(C) Development and documentation of a plan of care;
(D) Implementation of, or directing implementation of, the plan of care;
(E) Delegation of tasks to appropriate personnel;
(F) Direction and supervision of the PTA and physical therapy aide;
(G) Completion and accuracy of the patient’s physical therapy record;
(H) Performance and documentation of the reexamination and reevaluation of the patient … and when necessary, modification of the plan of care;
(1) Discharge of a patient or discontinuation of treatment;
(J) Development of any follow-up plan for the patient; and
(K) Collaboration with members of the health care team when appropriate.

35
Q

Roles of PTA

A

(1) A PTA may provide physical therapy services only under the supervision of a PT
(2) A PTA may be assigned responsibilities by a supervising PT to:
(A) screen patients designated by a PT as possible candidates for physical therapy services.
(B) provide physical therapy services as specified in the physical therapy plan of care which may include but are not limited to:
(i) preparing patients, treatment areas, and equipment;
(i) implementing treatment programs that include therapeutic exercises; gait training and techniques; ADL training techniques; administration of therapeutic heat and cold; administration of ultrasound; administration of therapeutic electric current; administration of ultraviolet; application of traction; performance of intermittent venous compression; application of external band ages, dressings, and support; performance of goniometric measurement; (ii) modifying treatment techniques as indicated in the plan of care;
(C) respond to acute changes in physiological state;
(D) teach other health care providers, patients, and families to perform selected treatment procedures and functional activities; and
(E) identify architectural barriers and report them to the PT .
(3) The PTA may not:
(A) specify and/or perform definitive (decisive, conclusive, final) evaluative and assessment procedures:
(B) alter a plan of care or goals;
(C) recommend wheelchairs, orthoses, prostheses, other assistive devices, or alterations to architectural barriers to persons;
(D) sign progress notes which design or modify the plan of care.

36
Q

Rolls of PT Aide

A

(1) All rules governing the services provided by a PTA are further modified for the physical therapy aide.
(2) A physical therapy aide may be assigned responsibilities by the supervising PT or PTA to provide services as specified in the physical therapy plan of care within the scope of on -the-job training with supervision by a PT or PTA who is on the premises and readily available to respond in person.
(3) A physical therapy aide may not:
(A) perform any evaluative or assessment activities;
(B) initiate physical therapy treatment, to include exercise instruction; or
(C) write or sign physical therapy documents in the permanent record (they may enter quantitative data as for tasks assigned by the supervising
PT/PTA).

37
Q

Roles of supervision

A

(a) It is the responsibility of each PT and/or PTA to determine the number of PTAs and/or aides he or she can supervise safely.
(b) Supervision of PTAs.
(1) A supervising PT is responsible for and will participate in the patient’s care.
(2) A supervising PT must be on call and readily available when physical therapy services are being provided.
(3) A PT may assign responsibilities to a PTA to provide physical therapy services, based on the PTA’s training, that are within the scope of the PTAs practice.
(4) The supervising PT must hold documented conferences with the PTA regarding the patient. The PT is responsible for determining the frequency of the conferences consistent with accepted standards of practice.
(c) Supervision of physical therapy aides.
(1) A supervising PT or PTA is responsible for the supervision of, and the physical therapy services provided by, the PT aide.
(2) APT or PTA must provide onsite supervision of a physical therapy aide, and remain within reasonable proximity during the aide’s interaction with the patient.

38
Q

APTA functions

A

A. Address the needs of members of society and the demand for physical therapy services through the promotion of access to and availability of these services.
B. Maintain and promote ethical principles and standards of conduct for its members.
C. Maintain and promote standards for physicaltherapy practice, education, and research.
D. Promote and advance physical therapy practice, education, and research.
E. Further the profession of physical therapy in the enhancement of the health and well-being of members of society.
F. Promote the profession of physical therapy in prevention, evaluation, diagnosis, and intervention related to impairments in body functions and structures, activity limitations, participation restrictions, and environmental barriers.
G. Represent the profession of physical therapy.
H. Serve as the principal source of information on physical therapy.
I. Promote public recognition of the profession of physical therapy.
J. Influence public policy such as it will further the object of the Association.
K. Promote and protect the professional welfare of Association members.
L. Promote the professional development of Association members.
M.Promote affirmative action.
N.Provide such services as will further the object of the Association.