Jurisprudence and regulatory environment Flashcards
What is jurisprudence?
Having knowledge of the law
What are the three types of laws and potential consequences for breaking laws as a PT?
Administrative, civil, criminal
What is a legislation signed by a president/governor?
Act
What is a written law passed by a legislative body?
statute
definition: Set of rules and legal restrictions set to carry out the statute
regulations
What type of law is PT licensing?
administrative law
definition: Claims brought against individuals or groups by an administrative agency, such as a licensing board, which are created by the government to administer and enforce a particular set of statutes
administrative law
definition: An injurious act committed against a person or property or a contract breach
tort
What are the two types of torts?
Negligent and intentional
definition: The system of law concerned with private relations between members of a community rather than criminal, military, or religious affair.
–> wrong but not a crime
civil law
What is professional negligence?
malpractice
What is required for proof in a malpractice case?
Duty, breach, damages, and causation
Who assists in determining whether or not individual will be deemed guilty of negligence?
reasonably prudent person
What is battery?
Actually touching without consent
What is assault?
Threaten to touch someone without their consent
(true/false) Medicare and Medicaid regulation 42CFR 483.12 prohibit use of chemical or mechanical restraint
True (false imprisonment)
What is defamation?
communication to a third party that holds another up to scorn
What is libel defamation?
Written defamation
What is slander?
verbal defamation
definition: intentional misrepresentation
fraud
definition: intentional deprivation of one’s right to be left alone
invasion of privacy
definition: intentional acts or omissions that would cause a reasonable person to suffer emotional trauma
infliction of emotional distress
What currently provides liability insurance for more than 79,000 PT providers?
Health providers service organization (HPSO)
(true/false) professional liability insurance may cover cost to defend an intentional tort the insurer has the right to recover cost if the defendant is found guilty of the charges
true
What is an oral agreement or written agreement signed by both parties?
contract
definition: States that all writing is the final representation of all agreed terms
integrated agreement clause
What gives the employer the right to dismiss a contract without reason or advanced notice?
At-will employee
What does a restrictive convenant/non-compete clause do?
Prohibits professionals from working within a certain geographical area for a specific time frame
definition: the party offering the contract tries to get the other party to hold liability (often found in mergers and acquisitions)
indemnification clause
What law deals with acts considered against society?
criminal law
Why do organizations establish corporate compliance programs?
tolessenrisksofintentionalor unintentionalregulatorynoncompliance
Who is ultimately responsible for corporate compliance in an organization?
BOD
What are external factors that may significantly impact organizations? Why?
regulatory factors
–> They can be an opportunity and a threat to organizations
definition: Articulate the business’s commitment of ethical behavior
- Principles, values, and actions related to compliance
code of conduct
definition: Covers items such as HIPAA, fraud, and can also cover organizational values
policy and procedures
What helps set an organizations compliance program?
core values, mission, vision
What is an area where states and federal government often conflict?
regulations
–> many times it is an argument over state rights verse federal oversight
What are the regulations of the fair labor standards act (FLSA)?
- EXEMPT employeeswho, because of their positional duties and responsibilities and level of decision-making authority, areexemptfrom the overtime provisions of the Fair Labor Standards Act
- NON-EXEMPT employees must be paid the minimum wage and overtime pay for any time worked beyond 40 hours in a given week
What does the OSHA material safety data sheet (MSDS) provide?
Provides information about hazardous components, management of spills, accidental exposures to hazardous substances
definition: Law that mandates employers to allow for the continuation of employee health care provisions after termination of employment
Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA)
According to the Family and MEdical Leave Act (FMLA), Employees are allowed up to ____ weeks of unpaid protected time off work for family and medical issues if the company has more than 50 employees
12 weeks
What are the 4 parts of the ADA?
- Communicationsprovisions
2.Employmentprovisions
3.Publicaccommodations
4.Transportation
What section of the Rehabilitation act prohibits employers (government contractors) from discriminating against individuals with disabilities?
Section 503 (ADA)
Who does the Securities Act of 1933 apply to? What does it do?
a. Appliestofor-profitcorporationswhosestockispubliclytraded
b. Allows investors to receive financial and other significant information and Prohibits fraud and misrepresentation of the securities
What act regulatessuchthingsasdefinitions,standards,packaging,andlabeling for food,foodsupplements,drugs,medicaldevices,andcosmetics
FederalFood,Drug,andCosmeticAct
Who regulates medical waste disposal?
state
What are the most relevant parts of HIPAA to PTs?
Titles I and II
What does HIPPA title I do?
Protectshealthinsurancecoverageforworkers andtheirfamilieswhentheychangeorlosetheirjob
What does HIPAA title II do?
Reducethecostsandadministrativeburdensby settingrequirementsforprovidersandhealthcare organizationsfor security of electronic health information, electronic transaction standards, and privacy of personal health information (PHI)
What does the Freedom of Information Act (FOIA) allow?
Any person can request government documents
What regulation requires that the office of minority health enters into contracts to increase the access of individuals with limited English proficiency ?
Disadvantaged Minority Health Improvement Act
definition: ProhibitsphysiciansfromreferringMedicarepatients forcertaindesignatedhealthservicestoanentitythephysicianoran immediatefamilymemberhasafinancialrelationshipwithunlessan exception applies
OBRA Stark I (1989)
definition: occurs when a party external to the organization reviews the activities of the organization for the purpose of evaluating their performance
external oversight
Who is external oversight done by?
government and private entities
What provides information to lawmakers?
external oversight
What oversight critically evaluates organizational performance?
external oversight
What does external oversight prevent?
Waste and fraud
What levels does government oversight occur?
All (federal, state, and local)
