Chapter 5 - Laws, Regulations, and Policies

Question 1

Federal Statues

Answer 1

• Enacted at the federal level by Congress
• Americans with Disabilities Act (ADA)
• Individuals with Disabilities Education Act (IDEA)
• Social Security Amendments of 1965
• Health Insurance Portability and Accountability Act (HIPAA)
• Patient Protection and Affordable Care Act of 2010

Question 2

American with Disabilities Act (ADA)

Answer 2

Prohibits discrimination against person w/ disabilities

Question 3

Individuals with Disabilities Education Act (IDEA)

Answer 3

Requires PT and other services by provided to students when needed

Question 4

Social Security Amendments of 1965

Answer 4

Created Medicare and Medicaid

Health insurance for the elderly (Medicare) and the poor (Medicaid)

Question 5

Health Insurance Portability and Accountability Act (HIPAA)

Answer 5

Protects privacy of patient information

Question 6

Patient Protection and Affordable Care Act of 2010

Answer 6

Reduces number of uninsured and underinsured Americans

Question 7

State Statues

Answer 7

• enacted at state levels by state legislatures
• affect PT by regulation of insurance industry, state health care funding for the poor, health department regulations, and state physical therapy practice act (legal foundation for the scope and protection of PT practice)

Question 8

Common Characteristics of a Physical Therapy State Practice Act

Answer 8

• PT practice definition

- identifies legal provides, tasks that can be delegated, supervisory requirements, and consequences

Question 9

Regulations Definition

Answer 9

Simply the rule that governs the operation of a particular government program (support, clarify, or give further definition to terms in statutes)

Question 10

Federal Regulations

Answer 10

Federal agency that impact PT through federal regulations (ie. Centers for Medicare and Medicaid Services)

Question 11

State Regulations

Answer 11

• State PT Board (composition and function of board determined by state practice act)
• State Disciplinary Agency: regulates professional conduct and consequences

Question 12

Criminal Law

Answer 12

• Acts done in violation of those duties that an individuals owe to the community (may not affect license but referred to state professional disciplinary agency)
  Criminal activity = criminal liability (ie. DUI or DWI)

Question 13

Civil Law

Answer 13

Concerned with relationships among private citizens (does not affect license but referred to state disciplinary agency)
- ie. Defamation, breach of contract, negligence, malpractice

• Torts = civil injuries for which injured party can seek legal relief (negligence and malpractice)

Question 14

Negligence

Answer 14

Failure to act as a reasonably prudent person (ie. failure to clean up water spill)

Question 15

Malpractice

Answer 15

Professional negligence (ie. therapist excessively mobilizes a joint to point of injury)

Question 16

Vicarious Liability

Answer 16

Supervisor responsible for acts of subordinates (PTAs)

- recommended to care liability insurance

Question 17

Risk Management

Answer 17

Coordinated effects to recognize, address, monitor, and prevent activities that could expose organization to physical or financial losses or injuries