Federal Legislation Flashcards
ACA
10 titles seeking to improve accessibility, fairness, equality, efficiency, accountability, and affordability of health insurance.
- Insurers must provide “essential benefits” including mental health etc.
- Not denied based on “pre-existing condition”
- Covered on parents’ insurance until 26
- No caps on annual and lifetime coverage
HIPPA
Assurances for individual’s right to continuity in health care coverage and to ensure privacy and security of health care records.
- Informed of privacy settings (doesn’t have to be gotten but document attempt)
- Informed consent before treat
Medicare Title 18
Established Medicare and supplemental security income (SSI)
Rehabilitaiton Act of 1973
Prohibits discrimination on the basis of disability in any program that receives federal aid.
Fair Housing Act
Prohibits discrimination on the basis of disability, religion, sex, color, races etc.
- Homeowners to make reasonable exceptions to their standard tenant policy to allow individuals w/ disabilities to have equal housing opportunities.
- Tenants allowed to make reasonable modifications
- Newly constructed multifamily units (more than 4 units) to meet established accessibility standards
Omnibus Budget Reconciliation ACT (OBRA) 1981
Affirmed application of Section 504 of REHAB act of 1973
prohibiting discrim in federally funded programs
-provides medicaid funding for community based services for individuals with developmental disabilities when services are demo to be less expensive than institutional.
ADA
Prohibits discrim. against qual persons w/ disabilities in employment, transportation, accommodations, telecommunications, and public services.
ADA Title I Employment
Prohibits employers from disarm. against persons with disabilities during all aspects of employment.
-“Reasonable accommodations” must be provided by businesses with 15 or more employees to persons with disabilities to ensure they can perform essential job functions unless accommodations would impose “under hardship.”
ADA Title II Public Services
State and local governments and their departments, agencies,a nd/or component parts may not disarm against persons w/ disabilities participation in public services including transportation, public education, employment, recreation, social services, health care, courts, town meetings, and voting.
ADA Title III Public Accommodations and Services operated by public entities
Mandates that places of accommodation may not disarm w/ respect to individual’s participation in or ability to benefit from service, good, facility use, or other programs. (Public transit must be accessible).
Title IV Telecommunications
All televisions must include closed captioning.
Ticket to Work and Work Incentives Improvement Act (TWIIA).
Strives to make it more realistic and easier for a person with a disability to work. Allows individual to keep medicare benefits for an additional 54 months after starting work.
-Enables consumers to have a choice in their service provider beyond public assistance programs.
Work Investment Act (WIA)
Established a federally sponsored national employment and vocational training system in a “one-stop” delivery system.
Technology Related Assistance for Indiv. with Dis. Act
Funded the dev. of tech. and tech. aids for persons with dis.
Telecommunications Act of 1996
Req. telecommunication manufacturers to make telecomm. avail for individuals with disabilities.
Child Abuse Prevention and Treatment Act
Defined abuse/neglect
Mandates professionals to report abuse and neglect to law enforcement officials
Direct OT intervention may be needed
Early Intervention and Education Act
Mandates free and appropriate education (FAPE) for all children regardless of ability/disability (3-21).
Mainstreaming of children
Requires public schools provide OT services
Reauthorization and Amendment of the Individuals with Disabilities Education Act
Emphasizes purpose of Individualized Education Plan (IEP)
Clarifies IEP can include considerations for assistive tech.
Requires that children should get education for independent living (transitional planning begins at 14 for planning a course of study and at 16 for service attainment).
Mandates Individual Family Service Plan (IFSP) for children 0-2. OT is identified as primary early intervention service.
IDEA (2004)
- Requires that evaluations for IDEA eligibility include relevant functional and developmental information, not just academic achievement data
- Enables preventive measure for provision of services called Response to Intervention approach (services provided as early as indicated).
No Child Left Behind Act (NCLB)
Emphasizes standards-based education
Requires schools to provide accommodations if needed by students for mandated tests (OTs can help provide this).
Age Discrimination in Employment Act
- Prohibits employment practices that discriminate people 40+
- Doesn’t allow forced retirement
Freedom to Work Act
-Allows those working over 65 to still receive their SS benefits
Omnibus Budget Reconciliation Act 1990
Applied to all nursing homes that receive federal aid.
- Emphasized attending to resident rights, autonomy, and self-determination.
- Mandated a comprehensive resident assessment system, the Minimal Data Set (MDS) be collected on residents at the onset of living and each year. (Collected by RN but OT can help)
