Exam 2 Flashcards
What is Res judicata?
the thing is decided: that which is previously decided by courts—it is done. Designed to prevent continuous prosecution when a decision is not favorable.
What is Stare decisis?
let the decision stand: similar cases should be decided according to consistent, principled rules
How is the federal executive branch invovled in optometry?
Medicare!
How is department of labor invovled in optometry?
Employees, safety
How is department of justice involved in optometry?
lawsuits
What is the equal pay act of 1963?
Prohibits gender-based pay discrimination. Exceptions: seniority, quality/production policies– you have to use written policies to not play favorites. You can’t be fired for doing societal obligation (like jury duty)
Civil rights act of 1964
Outlaws discrimination based on racial, ethnic, national, religion, and gender.
Outlaws unequal voter registration application, segregation
EEOC enforces
Which civil right’s title is a big deal for optometry?
Title 7: can’t discriminate based on race, color, religion, sex, national origin
How did the civil right’s act expand?
Later included sexual harassent, then added gender identity/transgender
What is the Rehabilitation act of 1973?
You can’t discriminate based on disabilities if you take federal funding.
What is the 1978 Eyeglass Rx release rule?
You always need to release rx with sphere cylinder axis and Dr. Signature. Even if they’re not changing their glasses, you need to give it to them.
What is Eyeglass II of 1989?
It removed minimal information requirement but needs “whatever is important to patient welfare”
It prohibits disclaimers on Rx such as: “not responsible for accuracy of ophthalmic prescription materials obtained from third party dispensers”
What is the 1990 Americans with Disabilities Act?
Can’t discriminate against people with disabilities as long as they can do the job
What is the patient self-determination act of 1990?
- The patient is legally alowed to make decisions on their own health care.
- Patients are informed, in writing, the right to accept/refuse treatment
- This was against the insurance practice of only allowing patients to see select doctors.
- Hospitials must give information on living wills, right to access, etc.
- Dr must train employee and public about their rights
What is the Civil rights act of 1991?
First effort to update 1964 Civil rights act.
Right to trial by jury on discrimination claims
Introduced emotional distress damage
Limited the amount a jury could award
right by jury + emotional damages, LIMITED award
What is HIPAA (1996)
Health insurance portability and accountability act.
hopsitals sold lists of HIV patients to insurance companies
makes health insurance “portible”
Establishes privacy protections for PHI (personally identifiable health information)
Rules on how records are kept, accessed, can be authorized to access, EMR safety (preventing hackers)
Which legislation had the most impact on optometry?
HIPAA
Patients must give specific authorization for any access to their reccord other than….
Treatment, payment, or internal practice management (for own research)
What is fairness to contact lens consumers act of 2004?
- Dr must give the Rx at the end of the FITTING, whether asked for or not. This might be even 5 appointments after the initial fitting.
- Dr. must provide or verity the Rx for anyone designated to act on behalf of the patient’s behalf.
- Expiration date for Rx must be at least for a year.
Fitting, verify, year+ rx
What is the Lilly Ledbetter Fair pay act of 2009?
The 180-day statue of limitations for filing and equal-pay lawsuit RESETS with each new paycheck affected by that Discriminatory action, NOT 180 days after The Discriminatory wage decision / hiring.
Which law gives more wiggle room for filing a equal pay discrimination lawsuit
the Lilly Ledbetter Fair pay act of 2009
What does the HI-TECH act do?
It widens the scope of privacy and secuirty protections of HIPAA. It encourages expansion of EHR through incentives.
It also encourages “meaniful use”
What is meaningul use of EHR?
There are 10 required core elements, then 5/15 optional elements on 85% of their patients. These are incentive payments that make EHR more useful to patients and the government.
What are some rights the US supreme Court has expanded that aren’t expressly mentioned
Privacy, Freedom of choice (including self-determination and right to concent to treatment)
