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Occupational Health > Health Care Law > Flashcards

Health Care Law Flashcards

0
Q

EMTALA

A
  • Emergency medical treatment and active labor act
  • 1986
  • anti-dumping law: can not “dump” your pt either due to unable to pay or other reason
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1
Q

Hospital Survey & Construction Act
(The Hill-Burton Act of 1946)
(“Bricks And Mortar” program)

A

Hill-Burton Act of 1946

  • Funding was given for hospitals’ construction
  • Hospital is responsible to provide reasonable care to those who cannot afford to pay
  • Funding was stopped in 1990s
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2
Q

COBRA

A

Consolidated Omnibus Budget Reconciliation Act of 1985

  • requires employers with more than 20 employees to offer continuation of health benefits for 18 months to employees who are no longer eligible under the employer’s group coverage due , for example, to retirement or termination.
  • The former employee is required to pay the premiums for the continuation coverage
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3
Q

ERISA

A
  • 1974
  • Employee Retirement Income Security Act
  • Preempts all state tort and consumer protection laws so that employee health benefit plans and self-insurance plans are not state regulated
    - Employer has the immunity to self funded insurance plans, immune from State law suit for denial of benefits
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4
Q

Sherman Act

A
  • anti-trust law

- Anti- monopoly

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5
Q

Clay Act

A
  • Anti- trust law

- prohibit market control & lessening of competition by companies

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6
Q

Stark I

A

1992 Provision Barred self referrals to self labs under Medicare

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7
Q

Stark II

A

1993, restriction of self referral to cover a range of health services, it applies to both Medicare and Medicaid

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8
Q

Purpose of Affordable Care Act?

A

Provision to

  1. expand coverage
  2. Control health care costs
  3. Improve the health care delivery system
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9
Q

OSHA does not apply to?

A

Miners
Workers in the transportation industry
Public employee
Self-employed

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10
Q

Employer are required to maintain medical and exposure records during the employment plus ? Years?

A

30 years

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11
Q

Access to medical records must be provided at no cost to employee within
? working days ?

A

15 working days

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12
Q

Mine Safety & Health Act 1977

A

Each mine must be registered with MSHA

Inspecting every underground mine at least 4 times/year, and every surface mine at least 2 times/year

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13
Q

Jones Act

A
  • Merchant marine Act 1920
  • federal statute requires that US flagged ships be built in US, owned by US citizens and registered/licensed in US
  • any worker spending more than 30% of their time in service of a vessel on navigable water is a seaman under the Jones Act.
  • covered workers are entitled to “ transportation, wages, maintenance, and care”
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14
Q

FMLA 1993

A 
Family and medical leave act
50 or more employees
12 wks unpaid, job- protected leave in a 12-month period for:
   -birth/adoption of child
   -care for immediate family
   -own serious health condition
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15
Q

Couples work in the same company, under FMLE

A

A combined 12 wk unpaid leave in 12 month

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16
Q

Caring for “covered service member” with serious illness/injury incurred in line of duty on active duty,

A

Family member entitled to 26 wks of leave in 12 month period

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17
Q

GINA

A

Genetic information non-discrimination act of 2008

- GINA warning requirement.

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18
Q

GINA warning requirement

A

Employer requests for medical information must contain a warning to the employee and the healthcare provider specifically directing them not to provide any GI information.
Simply acquiring GI information about an employee can be violation of GINA

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19
Q

SOX

A

Sarbanes Oxley Act of 2002
Aimed at corporate fraud. Requires intensive business practice reforms
- Financial report certification by CEOs and CFOs
- Public reporting of compensation and profits of CEOs & CFOs

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20
Q

Certificate of Need

A
  • Health planning resources development act of 1974

- Seeks to reduce overall health and medical costs

21
Q

Stare decisis

A

Let the decision stands

22
Q

Res Judicata

A

The issue has been decideded

23
Q

Binding

A

Lower courts must follow

24
Q

Parens patriae

A

Permits care to those who cannot take care of themselves when there is threat to self
Eg. Mentally ill or disabled

25
Q

A law with mandatory reporting and disclosure requirements for group life and health plan is

A

ERISA
The Employee Retirement Income Security Act of 1974 has mandatory reporting and disclosure requirements for group life and health plans.
It has often been used as a shield against lawsuits by beneficiaries against managed care organizations

26
Q

Burden of proof for Civil suit

A

“More probable than not”

- preponderance of evidence

27
Q

Burden of proof for Criminal suit

A

Higher burden required

“Beyond a reasonable doubt”

28
Q

State powers

A

Police power - threat to self

Parens patriae - threat to society

29
Q

Police power

A

Powers of individual states to enact legislation, promulgate regulations to protect public health, safety, morals, and promote public good.

30
Q

Constitutional test

A
  1. Rational basis test

2. Strict scrutiny test

31
Q
  1. Rational basis test
A

Legitimate interest

= reasonably related

32
Q
  1. Strict scrutiny test
A

Fundamental right

= compelling interest and narrowly tailored

33
Q

Public Health Regulation

A

Parens patriae (threat to self)
Police power (threat to society)
Search & Seizure
Inspection

34
Q

State’s rule in public health regulations

A

Most public health actions at state or local levels.

35
Q

Federal government’s role in public health regulation

A

Federal government involved in regulatory (FDA) and non-regulatory activities (CDC)
Funding is used by federal government to regulate state and local activities

36
Q

EMAC

A

Emergency Management Assistance Compact

37
Q

EMAC

A

Agreements covering liability, reimbursement and response issues when personnel & resources shared across state borders during an emergency.
Congressional Approval 1996, all states adopted.

38
Q

Sherman act

A

The first antitrust law passed in US in 1890

Outlawed monopoly or any attempts to monopolize a market or act to restraint trade

39
Q

Clayton Act

A

Another antitrust law

It prohibits market control and lessening of competition by companies

40
Q

Stark law

A

Governs physician self-referral for Medicare and Medicaid pts

  • Referral of pt to medical facility in which physician has a financial interest:
    • ownership
    • investment
    • Structured compensation agreement
41
Q

False claims act

A

To address fraudulent billings to federal government

Improper receipt or avoidance of payment to the government

42
Q

Qui Tam provision of False Claim Act

A
  1. Knowledge, past or present fraud and bring suit on behalf of government
  2. Defendant pays plaintiff expenses if plaintiff wins
  3. Reward: 15-30% of funds recovered
  4. Employee protected from retaliation
43
Q

Tort law

A

Civil wrong

44
Q

Negligence

A

Failure to act as reasonable person would under similar circumstances

45
Q

Gross Negligence

A

Behavior which is willful, wanton, or with reckless disregard. Extreme departure from ordinary care.

46
Q

Battery

A

The offensive touching of another without consent

47
Q

Assault

A

Somebody hit you with anger

48
Q

Darling vs. Charleston Community Memorial Hospital (1965)

A

Malpractice liability

  • 18 yo football player
  • fractured leg
  • developed complication
  • amputated leg
  • hospital was liable to monitor the credentials and competency of physicians
49
Q

In re Quinlan (1976)

A

Termination of life support

  • 21 yo in comatose vegetative state
  • parents petitioned for the right to refuse treatment and turn off the respirator
  • the Quinlan case established pt’s right of self-determination.
50
Q

Tarasoff v. Regents of the University of California (1976)

A

Duty to warn

51
Q

Roe v. Wade (1973)

A

Abortion
- established the legal right to first and second-trimester abortion in the US. – - State can restrict third-trimester abortion, but not if the life or the health of the mother is in danger.

Occupational Health (69 decks)

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