2) Healthcare law & policy Flashcards
THE ACT FOR THE RELIEF OF SICK AND DISABLED SEAMEN OF 1798
- 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
SOCIAL SECURITY ACT AMENDMENTS OF 1965
- 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
BALANCED BUDGET ACT OF 1997
- 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.
PATIENT SELF-DETERMINATION ACT (PDSA) OF 1990
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
THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003
- A momentous amendment made in 2003 to modernize some important components of the original structure of Medicare (1965)
- Targeted 3 items:
- Provided outpatient prescription drug benefits through either a Medicare Advantage Prescription Plan or a
stand-alone Prescription Drug Plan
- Provided outpatient prescription drug benefits through either a Medicare Advantage Prescription Plan or a
- AKA Medicare Part D
- Amended Medicare Part C which was originally developed to provide Medicare beneficiaries an option other
than the traditional fee-for-service program.
- Amended Medicare Part C which was originally developed to provide Medicare beneficiaries an option other
- 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)
- 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
PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA) OF 2010
- 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
THE CIVIL RIGHTS ACT OF 1964
- 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
THE REHABILITATION ACT OF 1973
- 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
How many and what are the titles of the Rehabilitation Act of 1973
- 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
THE CIVIL RIGHTS ACT OF 1991
- 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.
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) OF 1974
- 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
THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) OF 1975
- 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
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985
- 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
ANTI-KICKBACK STATUTE
- 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
THE HEALTHCARE QUALITY IMPROVEMENT ACT OF 1986
- 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