Case Management & Legal Issues

Question 1

6 domains of case management

Answer 1

1. case management processes and services
2. resources utilization and management
3. psychosocial and economic support
4. rehabilitation (emphasis on vocation)
5. outcomes
6. ethical and legal practices

Question 2

dynamic document based upon published standards of practice, comprehensive assessment, data analysis, research which provides for an organized, concise plan for current/ future needs

Answer 2

life care plan (LCP) - must be specific to individual, reflect full understanding of injuries and disabilities, must consider possible complications or co-morbidities, most look at both short and long term needs

Question 3

Special Needs Trusts (SNTs)

Answer 3

different types, but all have goal of protecting assets for eligibility with needs-based benefit program

Question 4

combination of enacted legislation, regulations, judicial interpretations of federal/state/local law

Answer 4

public policy

Question 5

Americans with Disabilities Act (ADA) of 1990

Answer 5

prohibits discrimination of those with disabilities and ensures equal opportunity to benefit from federal programs

Question 6

Affordable Care Act (ACA) / Obama-Care

Answer 6

essential benefits package: coverage for hospitalization/ physician services, prescription drugs, rehab, mental health, chronic disease management

Question 7

common law vs constitutional law vs statutory law vs administrative law

Answer 7

common - developed from court decisions
constitutional - based on US Constitution
statutory - enacted by Congress or state legislature
administrative - created by administrative agencies, by statue, Congress, or state legislature

Question 8

written guarantee of basic rights for individuals in treatment programs

Answer 8

Patient’s Bill of Rights

Question 9

mental ability to understand the nature and effect of one’s decisions and acts

Answer 9

competency / capacity

only a court can determine legal incompetency, presumption that a person is competent unless proven otherwise

Question 10

legally-enforceable arrangement in which someone has legal right and duty to care for another (the ward)

Answer 10

guardianship

the ward does not lose basic rights

Question 11

Guardian of the Person vs Guardian of the Estate vs Plenary Guardianship

Answer 11

Guardian of the Person - makes decisions about personal affairs
Guardian of the Estate - only financial affairs and property of the ward
Plenary Guardianship - manages both personal needs and property of the ward

Question 12

document where a competent person appoints another person to act for him/her in legal and financial issues

Answer 12

Power of Attorney

durable, not changed when person becomes disabled or incompetent

Question 13

Power of Attorney vs Living Will

Answer 13

Power of Attorney - competent person (principal) appoints another person (agent) to act for them in legal and financial matters, with broad or limited powers, appointed immediately or when person becomes incapacitated
Living Will - aka Advanced Directive, document provides written instructions by competent adult to a physician about life-sustaining procedures