Chapters 5/6 Flashcards

1
Q

By level of gov

A

federal, state, local laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

By the source of law

A

constitutional, statutory, administrative, common

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

By the law’s application

A

public, private

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

By the nature of litigants

A

civil, criminal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

By the type of wrong

A

tort, contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Federal Preemption

A

Federal Laws supersede state and local laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

statutory law

A

crafted by legislative bodies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

administrative law

A

rules and regulations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Common law (case law)

A

legal precedents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Public laws affect

A

society as a whole

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a tort?

A

A violation of duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Example of commission

A

Alarms don’t work

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Example of omission

A

No alarms are installed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Is admin liable for malpractice?

A

Generally no if they didn’t know about it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Public Ownership

A

Owned by the government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Who licenses nursing facilities?

A

States

17
Q

Licensure requires what?

A

state nursing home standards and national life safety code

18
Q

Who accredits family care?

A

JCAHO

19
Q

Why do nursing homes choose not to be accredited?

A

It is expensive and not always valuable

20
Q

3 Types of Advance Directive

A

Living will, DNR, Power of attorney

21
Q

5 Types of Elder Abuse

A

Physical abuse, psychological/verbal abuse, sexual abuse, financial exploitation

22
Q

Who is the most important agency regulating LTC

A

CMS

23
Q

What can state certified regulations do

A

enforce federal and state compliance

24
Q

State survey agencies survey

A

federal Requirements of Participation

25
Q

Main Enforcement Agencies

A

CMS, Department of Justice, OSHA

26
Q

Main reasons for regulating health care

A

gov is a payer, clients are often frail

27
Q

Traditional survey is often

A

unannounced

28
Q

Resident Centered

A

A violation that may affect even 1 resident

29
Q

Facility Centered

A

Pertains to operational systems

30
Q

FTag

A

Regulation itself

31
Q

Interpretive Guidelines

A

What to do with a regulation

32
Q

Severity

A

How harmful was it

33
Q

Scope

A

of residents impacted

34
Q

Category A seriousness

A

Least Serious

35
Q

Category L seriousness

A

Most serious

36
Q

OSHA Primary mission:

A

workplace safety

37
Q

Nursing Home Compare only focuses on

A

Quality of care, not quality of life