Exam 2

Question 1

What is Res judicata?

Answer 1

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.

Question 2

What is Stare decisis?

Answer 2

let the decision stand: similar cases should be decided according to consistent, principled rules

Question 3

How is the federal executive branch invovled in optometry?

Answer 3

Medicare!

Question 4

How is department of labor invovled in optometry?

Answer 4

Employees, safety

Question 5

How is department of justice involved in optometry?

Answer 5

lawsuits

Question 6

What is the equal pay act of 1963?

Answer 6

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)

Question 7

Civil rights act of 1964

Answer 7

Outlaws discrimination based on racial, ethnic, national, religion, and gender.
Outlaws unequal voter registration application, segregation
EEOC enforces

Question 8

Which civil right’s title is a big deal for optometry?

Answer 8

Title 7: can’t discriminate based on race, color, religion, sex, national origin

Question 9

How did the civil right’s act expand?

Answer 9

Later included sexual harassent, then added gender identity/transgender

Question 10

What is the Rehabilitation act of 1973?

Answer 10

You can’t discriminate based on disabilities if you take federal funding.

Question 11

What is the 1978 Eyeglass Rx release rule?

Answer 11

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.

Question 12

What is Eyeglass II of 1989?

Answer 12

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”

Question 13

What is the 1990 Americans with Disabilities Act?

Answer 13

Can’t discriminate against people with disabilities as long as they can do the job

Question 14

What is the patient self-determination act of 1990?

Answer 14

• 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

Question 15

What is the Civil rights act of 1991?

Answer 15

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

Question 16

What is HIPAA (1996)

Answer 16

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)

Question 17

Which legislation had the most impact on optometry?

Answer 17

HIPAA

Question 18

Patients must give specific authorization for any access to their reccord other than….

Answer 18

Treatment, payment, or internal practice management (for own research)

Question 19

What is fairness to contact lens consumers act of 2004?

Answer 19

• 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

Question 20

What is the Lilly Ledbetter Fair pay act of 2009?

Answer 20

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.

Question 21

Which law gives more wiggle room for filing a equal pay discrimination lawsuit

Answer 21

the Lilly Ledbetter Fair pay act of 2009

Question 22

What does the HI-TECH act do?

Answer 22

It widens the scope of privacy and secuirty protections of HIPAA. It encourages expansion of EHR through incentives.
It also encourages “meaniful use”

Question 23

What is meaningul use of EHR?

Answer 23

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.

Question 24

What are some rights the US supreme Court has expanded that aren’t expressly mentioned

Answer 24

Privacy, Freedom of choice (including self-determination and right to concent to treatment)

Question 25

What is the Consumer Bill of Rights and Responsibilites?

Answer 25

Established that patients are “consumers”. It helps promote patient responsibilty in effective decision-making.
Exceptions to this are minors, incompetent people, AND emotinally incompetant.

Question 26

What are guiding principles of the Consumer Bill of Rights and Responsibilites?

Answer 26

• Information is essential, and some need help in understanding
• All consumers are created equal
• Choice matters
• Quality comes first
• Preserve what works (don’t fix what ain’t broken)
• Cost matters
• Reasonable responsibility is the obligation of the patient

Equal information, quality choice, preserve cost, patient responsibility

Question 27

What are the responsibilites of patients?

Answer 27

Get involved in healthy habits
Get involved in decisions
Avoid knowingly spreading disease
Work with your doctor/disclose relevant info
Know your health plan/follow the rules
Use your health plan’s internal grievance process
Report wrongdoing and fraud
Know humans make error
Be respectful to patients, doctors, healthcare workers
Meet financial obligations

Question 28

What is the AOA bill of rights? (13)

Answer 28

Right to care and services without DISCRIMINATION
Right to consideration and RESPECT in a clean, safe environment
Right to EMERGENCY care
Right to know the practitioner’s NAME and the name, title, and function of the office staff
Right to COMPLETE INFORMATION about diagnosis, treatment, and prognosis
Right to informed CONSENT (know about side effects, tx)
Right to REFUSE CARE or to participate in research
Right to obtain and review COPIES OF RECORD
Right to CONFIDENTIATLIY of patient information
Right to know professional FEES prior to services
Right to reasonable CONTINUITY OF CARE
Right to offer CRITISICM AND SUGGESTIONS
Right to APPEAL GRIEVANCES to a higher peer authority

Question 29

What are the AOA bill of rights - responsibilites of patients?

Answer 29

Provide accurate and complete information to your doctor
Follow the doctor’s instructions
Understand what may happen if you refuse treatment
Pay for care rendered
Follow office rules
Respect the privacy of other patients and office property

Question 30

Why expect patient responsibilites?

Answer 30

To get the best possible otucomes, improve quality and invovlement. Patients should be informed of their responsibities