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Federal Laws Flashcards

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1
Q

Who developed and published the Americans w/ disabilities act (ADA)?

A

ANSI- American National Standards Institute

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2
Q

Who enforces the ADA?

A

Architectural Barriers and Transportation Board & the EEOC.

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3
Q

ANSI _____ ENFORCE the ADA

A

Does Not.

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4
Q

Two parts of ADA are…

A
  1. Access by the handicap to public buildings and transportation (ENFORCED by the architectural barriers and transportation board)
  2. Prohibits discriminating against the handicap in hiring against the handicap. (enforced by the EEOC)
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5
Q

Civil rights act (CRA) of 1964 protects what 5 classes of individuals?

A

RRGCN-

Race, Religion, color, geder, and national origin.

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6
Q

Who enforces the Civil Rights Act (CRA)?

A

The EEOC

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7
Q

The civil rights act does protect against what?

A

Age and Sex

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8
Q

Whats Title 7 of the CRA?

A

Tower Amendment

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9
Q

What does the Title 7 of the Civil Rights Act do?

A

Allows ability testing for job applicants.

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10
Q

Whats SMDA?

A

Safety Medical Devices Act

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11
Q

How soon do you have to report a injury due to medical device? and to who?

A

10 days, to Manufacturer and the FDA

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12
Q

Equal Pay Act Requires ____ and _____ be paid the same. The _____ enforces the Equal Pay act.

A

Male & Female, EEOC.

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13
Q

Equal Employment Opportunity Act of 1972

A

The EEOA amended the civil rights act to define discrimination in employment as adverse impact.

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14
Q

Adverse Impact

A

Means you must hire minorities at a rate of he majority.

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15
Q

Who enforces the EEOA?

A

EEOC

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16
Q

EEOC stands for?

A

Equal Employment opportunity Act, and has exclusive jurisdiction over all discrimination cases.

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17
Q

Whats FICA stand for?

A

Federal Insurance Contributions Act

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18
Q

What is the FICA?

A

Funds social security through a payroll tax. The employer pays 50% of the FICA tax.

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19
Q

FLSA

A

Fair Labor Standards Act

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20
Q

Whats does the FLSA do?

A

Sets the federal minimum wage, overtime, underage workers must secure a permit from the dept of labor.

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21
Q

Underage workers can only work a maximum of ____ hours of compensatory time per year

A

240 Hours. (FLSA)

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22
Q

FLSA is enforced by…

A

Department of labor.

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23
Q

FMLA provides up to ____ weeks of UNPAID time off.

A

12 weeks

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24
Q

To get FMLA how many months or hours must you work?

A

12 months or 1250 hours.

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25
Q

Can you take FMLA to take care of a brother or sister? or for a divorce?

A

No.

26
Q

Age discrimination act protects who?

A

Individuals 40 and older.

27
Q

Employers with ____ or more employees have to follow the age discrimination act.

A

20 employees

28
Q

Who enforces the Age Discrimination act?

A

EEOC

29
Q

HIPAA

A

Health insurance portability and accountability act.

30
Q

The law protects workers who change jobs by requiring their new employers insurance company to do what?

A

Cover any pre-existing conditions.

31
Q

The new employer’s insurance company can only limit coverage for pre-existing medical conditions for

A

12 months, after which they must fully cover them.

32
Q

COBRA

A

Consolidated budget reconciliation act.

33
Q

COBRA definition

A

allows terminated employees to retain their insurance coverage when they leave a job for up to 18 months.

34
Q

Rehabilitation Act of 1937

A

Prohibits discrimination of individuals with a handicap if the organization receives federal funds.

35
Q

Who enforces the Rehabilitation act of 1973

A

EEOC

36
Q

Patient self determination act (PSDA)

A

Requires facility to inform resident of their right to make an advanced directive

37
Q

Can a facility force a resident to get a PSDA?

A

No

38
Q

Durable power of attorney

A

is for both medical and financial matters

39
Q

Living Will

A

Concerns artificial life prolonging measures (tube feeding, ventilator)

40
Q

Vietnam ERA readjustment act (1974)

A

Requires all contractors receiving $25,000 or more in federal contracts to have a written affirmative action program to employ and advance Vietnam veterans.

41
Q

Ethics in patient refferals

A

Prohibits paying for medicare referrals including lunches, gifts, kickbacks, pads, and pens etc.

42
Q

Robinson Patman Act

A

You can’t self referring a patient to facility they own due to incentive to bill for unnecessary services.

43
Q

Safe Harbor to Robinson Patman Act

A

Can refer a patient to facility they have an ownership interest if has a capitalization of $50 million dollars or more and is publicly traded.

44
Q

Mental health parity Act

A

Requires health plans to provide same dollar limits and lifetime limits for mental health benefits as other health benefits.

45
Q

Immigration Reform Act

A

Requires employers to verify worker citizenship status prior to hire (ID check)

46
Q

Newborn and mothers protection act

A

Requires minimum stay of 48 hours after delivery 96 hours for caesarian delivery

47
Q

Comprehensive health planning act

A

Mandated local planning councils to determine the need for hospital and nursing home beds

48
Q

ERISA

A

Employee retirement income security act.

49
Q

ERISA requires

A

employees to protect funds and insure future payments through the pension guaranty corporation.
(doesn’t require employer to provide a pension plan)

50
Q

Vicarious Liability

A

same as strict liability and respondent superior which is that the employer is responsible for the actions of its employees and contractors.

51
Q

False Claims Act

A

Pertaints to submitting fraudulent claims to medicare.

52
Q

Respondent Superior

A

Employer responsible for injuries caused by employees to 3rd parties.

53
Q

Federal employer liability act

A

Employer must pay medical bills and lost time and disability for employee on the job injuries.

54
Q

Fair credit act

A

Must advise job applicant if credit report is basis for denial of employment.

55
Q

OMNIBUS BUDGET RECONCILIATION ACT OF 1987

A

changed the reimbursement system from retrospective (bills were paid after services were rendered) to a prospective system which pays a pre-determined flat rate for all services based on a patient’s diagnosis.

56
Q

Military Selective service act

A

Requires employers to freeze benefits and job position of employees in military service up to 90 days from discharge.

57
Q

CLIA

A

Clinical Laboratory improvement Act

58
Q

CLIA

A

Nursing homes are required to obtain a CLIA waiver from the Food and Drug Administration to do glucose meter testing for diabetic blood sugar levels.

Must renew annually

59
Q

Vocational rehabilitation act of 1973

A

Federal contractors required o recruit and hire the disabled.

60
Q

OLDER AMERICANS ACT

A

The OAA essentially provides funding for services needed by the elderly that are not provided by Medicare and Social Security

Finance (17 decks)

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