Federal Agencies Flashcards
What does the legislative agency do for optometry?
Creates legislation, enact laws (like the optometric practice acts), and allocates funds/sets the budget
What does the executive agency do for optometry?
Governs the nation, oversees federal regulations/laws
What does administrative law do?
Forms executive branch, rules and regulations issued by agencies, directs the enacted laws of the federal and state governments
How many divisions are in the presidents cabinet currently?
15
What is an old department in the presidents cabinet?
Department of war— WWI
What the newest department in the president’s cabinet?
Department of homeland security, 9/11
When was the equal rights act ratified?
It wasn’t, popular in the 70s though
Which executive departments are important to optometry?
Department of labor, department of justice, federal trade commission, and the department of health and human services
What are the four main concerns of health care law today?
Quality, autonomy, access, and cost
What does the department of labor do?
Responsible for the welfare of workers, administers variety of federal labor laws, guarantees workers right to safe and healthful conditions
What department is the occupational safety and health act of 1970 under?
Department of labor
What is OSHA 1970?
Occupational Safety and Health Act of 1970 regulates health and safety in the workplace, sets and enforces standards, provides training outreach and education, and encourages continual improvement
What is CLIA?
Under OSHA— clinical laboratory improvement amendments— Regulates lab safety relevant to optometry when performing rapid blood test
What is the equal pay act of 1963?
Amendment to the federal labor standards act passed to address gender-based wage disparities
What does the equal pay act of 1963 prohibit?
Wage discrimination for “essentially equivalent” work in the same business— loop holes and arguable
What form do lawsuits against the equal pay act take?
Lawsuits can be filed by EEOC, individual or private suit
Employers may not terminate an employee for fulfilling a ____
Societal obligation
What are societal obligations?
Court appearance, jury duty, military reserves
In what circumstances can wages be different?
With formal seniority policies that are uniform across all job categories and for quality or production policies
What is the Lilly Ledbetter Fair Pay Act of 2009?
First act signed by Obama, the 180 day statute of limitations for filing an equal pay lawsuit resets with each new paycheck affect by the discriminatory action of 180 days after the wage decision/hiring
What is the Department of Justice responsible for?
Criminal and civil litigation of the laws and oversees agencies/laws essential to the common good
What organizations are under the department of justice?
Drug enforcement agency, Americans with disabilities act, title 7, civil rights act of 1964 and 1991
What is the drug enforcement agency?
Regulates the prescription authority, monitors use, requires authorized ODs to register to administer/prescribe any drug regulated by the controlled substances act even if you won’t prescribe it
What is the DEA #?
Shows the ODs are registered to administer drugs under the controlled substances act, may not be “technically” required to practice in some states
What is the civil rights act of 1964?
Outlawed major forms of discrimination against racial, ethnic, national and religious minorities and women
What did the civil rights act of 1964 end?
Unequal application of voter registration requirements and racial segregation in schools, workplaces and public accommodations
What does title VII do?
Specifically addresses employers with regard to discrimination based on race, sex, color, religion, and national origin
What is the EEOC established by title 7?
Equal employment opportunity commission
What was the civil rights act of 1964 expanded to include in the late 1970s?
Sexual harassment, pregnancy and age discrimination
What did the 2012 expansion of the civil rights act include?
Sexual orientation, gender identity, and transgender status
What is the Americans with disabilities act of 1990?
Establishes anti-discrimination for qualified persons with disabilities, monitors employer/employee issues, and monitors environmental issues
What are the FTC’s 3 major points in optometry?
1) standards on truthfulness in advertising regarding materials/services for all professionals 2) regulates interstate driving standards (visual) 3) enforces/oversees laws that are directly relevant to optometry
What is the FTC’s eyeglass rule of 1978?
Rx release must be presented to patient with sphere, cylinder, axis, and signature
What did eyeglasses II of 1989 do?
Removed minimal info required on Rx and it now must include whatever is important to patient welfare, now includes date
What did eyeglasses II prohibit?
Disclaimers on Rx such as not being responsible for accuracy of ophthalmic prescription materials obtained from 3rd party
What does the Fairness to Contact Lens Consumers Act state (2004)?
Rx must be provided, must verify Rx for anyone designated to act on the patient’s behalf, cannot require patients to buy own CLs, and sets an expiration of 1 year or more regardless of state laws
T/F sellers can only provide contact lenses upon Rx provided by or verified by prescriber
True, in person or via fax, email, direct communication
How does fairness to CL primarily impact prescribers?
Cannot make patient pay additional fees and cannot have them sign a waiver or release in exchange of the CL Rx
How does fairness to CLs affect sellers?
Have 8 business hours for verification, record keeping rules, fine print rules
What department is the FDA under?
Health and human services
What does the FDA regulate?
Drugs, biological products, and medical devices
What are optometric medical devices?
Contact lenses and apps
What is the troublesome app for eye health that the AOA complained about to the FDA?
Opternative
What is the patient self-determination act of 1990?
Federal law requires documentation of advance directives at the time of admission for all facilities that participate in Medicare/Medicaid or accept other federal funding, this is not a requirement of the individual doctor
What is the first major point of the PSDA?
Give you at the time of admission a written summary of health care decision-making rights and the facilities policies with respect to recognizing advance directives
What is the 2nd main point of the PSDA?
Ask you if you have an advance directive and document that fact in your medical record if you do. It is up to you to make sure they get a copy of it
What is the 3rd major point in the PSDA?
Educate staff and community about advance directives
What is the 4th major point of the PSDA?
Never discriminate against patients based on whether or not they have an advance directive— it is against the law for them to require either that you have or not have an advance directive
What is HIPAA?
Rules on how records are kept, who can have access, length of authorization for a specific time period and EMR safety
What is the HI-TECH act 2009?
Health information technology for economic and clinical health act— part of the American recovery and reinvestment act— creation of a national health care infrastructure EHR and health registries
What was and is the incentive for adoption of the EHR?
Initially there were subsidies for adoption of EHR (SCO was paid 1 mil) now the incentive is not getting penalized by a reduced Medicare reimbursement
What did the HI-TECH act accomplish?
Massive expansion of exchanges of electronic protected health info, widens security protections of HIPAA, provides greater enforcement of HIPAA regulations
What is the health registry for optometry?
Tracks OD EHR for dx and tx… can compare ODs (by AOA)
What is Medicare Access and CHIP Reauthorization Act MACRA 2015?
Repeals sustainable growth rate formula, changes the way that Medicare rewards clinicians for value over volume, gives bonuses for participation in eligible alternative payment models
What is MIPS?
Merit based incentive payment system— gives you a quality score, good score= best reimbursement for Medicare
