Laws and Legislation/Programs to Know Flashcards
Title VI of Civil Rights Act of 1964
-no one can be discriminated against due to race/color/national origin
-desegregated schools/public buildings
-all agencies required to receive federal funds to terminate discriminatory hiring practices
Older Americans Act of 1965
-provides programs/services to elderly
-established Administration on Agency (AoA) which advocates for older adults, educates public on elderly’s needs and work with Area Agencies on Aging to plan/develop/coordinate services
-AoA gives grands to AAAs to fund programs/services
Child Abuse Prevention and Treatment Act of 1974
-key federal legislation for addressing child abuse/neglect
-establish National Center on Child Abuse and Neglect; responsible for helping state/local communities identify/prevent/treat abuse and neglect, appropriates federal funds to do this
-required states to create agency to investigate allegations of abuse, create reporting system, pass law protecting kids from abuse
The Family Educational Rights and Privacy Act (FERPA) of 1974; Buckley Amendment
-intended to protect privacy of educational records to all schools receiving federal funds
-law gives parents, students, former students who are 18+ and at high level of schooling to inspect and review all educational records maintained by school and request inaccurate records corrected
-school must have written consent to release school record info without certain specific reason
-school can disclose directory info unless specifically requested not to
-parents and students must be notified of rights
Public Law 94-142/Education for Handicapped Kids Act of 1975
-guarantees free, appropriate education emphasizing special education for kids 3-21
-defined as mentally retarded, hard of hearing, deaf, speech impaired, visual handicap, seriously emotionally disturbed, orthopedic impairment, health related, specific learning
-create IEP to create goals and plans, educated in least restrictive environment
Indian Child Welfare Act of 1978 (ICWA)
-gives native tribes jurisdiction over child welfare cases involving a native child, to protect integrity of native families-hierarchical procedure for placement; verify ethnic/tribal identity, allow tribal jurisdiction, if tribe rejects jurisdiction place with family member or with family in same tribe
-last resort is placing child in family outside of tribe
The Adoption Assistance and Child Welfare Act of 1980
-addresses family preservation efforts to keep family together, decrease out of home placement
-prioritizes reunification or family adoption if removed
-requires cases have more regular review and make reasonable effort to keep family together/reunify
-requires that kids in foster care seen every 6 months
-provides adoption subsidy from federal government for kids with complex needs/disabilities
Omnibus Budget Reconciliation Act (OBRA) of 1981
-created community service bloc grant funds
-grants for social services, community services, DA/MH services, maternal/child services, community health, primary health care, preventative health services
Family Support Act of 1988
-welfare reform act, intended to reduce barriers to recipients can replace welfare with jobs
-requires states to create job opportunity and basic skills program to provide work skills training and education
-required sates to provide essential supportive services (childcare, transportation, etc)
Americans with Disabilities Act (ADA) of 1990
-prevent discrimination based on disabilities, amend language of Civil Rights Act of 1964
-requires covered, reasonable accommodations at work and imposes accessibility requirements
-provides protection from discrimination in 4 areas; employment, access to public services, access to transportation, telecommunication services
-provides legal recourse in cases of discrimination
Patient Self Determination Act (PSDA) of 1991
-established federal requirement to implement advanced directives policies at all healthcare facilities that get Medicaid/Medicare funding
-requires that patients notified of their rights to make health care decisions, need to ask/document about advanced directives
Family and Medical Leave Act (FMLA) of 1993
-requires employers to provide up to 12 weeks of unpaid job protected leave to eligible staff
-eligible if worked there at least 1 year, for 1240 hours over last 12 months and if theres at least 50 employees in 75 miles
-employee must provide medical certification and give 30 days notice
-health coverage must be maintained by employer and job returned
Multiethnic Placement Act (MEPA) of 1994 and 1996 Provision on Removal of Barriers to Interethnic Adoption
-laws passed to increase adoption rates of kids of color and decrease time they spend in foster care
-previously adoptions delayed to match race of kid and family
-applies to agencies that get federal aid
Violence Against Women Act (VAWA) of 1994 as Title IV of the Violent Crime Control and Law Enforcement Act
-provides grants to fight violence against women at state/local levels
-hoped to develop and strengthen law enforcement and prosecution strategies and services for survivors
-STOP grants program (services, training, officers, prosecuters)
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
-created block grant program-TANF (ended Aid to Families with Dependent Children, AFDC)
-states no longer need to match funds to get federal money, but need to have maintenance of effort with spending
-no one is entitled to welfare, need to participate in work activity within 2 years of starting and limited to 5 years in the program
-if refuses work, state can limit or remove assistance to family (including medicaid) unless they can’t find/afford childcare (removed guarantee that child care will be provided)
-minors who are parents don’t qualify unless they live in adult supervised setting and go to school
Health Insurance Portability and Accountability Act (HIPAA) of 1996
-individuals have right to access medical record and control over how personal health info is used and disclosed
-federal floor to protect individual privacy
Patient Protection and Affordable Care Act of 2010 (obamacare)
-requires health insurance, created market place to purchase coverage
-subsidies for people below poverty level
-option for small business to purchase plans
-expand Medicaid
Workforce Innovation and Opportunity Act of 2014 (WIOA)
-reauthorizes workforce investment act of 1998 with changes in structure of the board that oversees local implementation, training for adults/disables workers, integrated performance and youth services
long-term and hospice care
-older adults with long term health issues that can impact ability to live independently
-hospice helps maintain quality of life for terminally ill, comfort in passing
home health services
-medical care in the home
-medicare covers SNF/home care
-some public programs cover cost
homemaker and chore services
-complete housework/chores/etc. that patient can’t do
-helps to age in place
-funding primarily from Title XX of Social Security Act
adult daycare
day programs for older adults, limited access to services for some populations, cost of older adult care, degenerative nature of common aging diseases, impact of family dynamics
Supplemental Security Income (SSI)
-intended for those with financial need age 65+ or people who are disabled at any age
-disability defined as inability to engage in substantial gainful activity by reason of any medically determinable physical/mental impairment which can be expected to result in death or lasted at least 12 months
-also make income determination based on financial considerations, income limits, consider household size
-claims filed through social security office
-each state determines eligibility
-important source of income for mentally ill people
social security disability (SSD)
-similar to SSI, but have to have earned specific amount of social security coverage before disability began
-no income limits
-money more usually than SSI based on average of lifetime earning
Medicaid
-MA, eligibility based on means test
-health insurance for poor/disabled
-federal funded primarily, dispensed through each state
-low payments to providers, variable access to care
Medicare
-eligibility based on age or disability
-nationally uniform program through federal gov
-2 part program; covers hospital and medical, partial payments, need deductible and copayments
social security retirement benefits
-replace portion of lost wages due to retirement
-amount of money depends on average of earnings
social security survivors benefits
-benefits to members of deceased workers family, depends on surviving spouses age/health
-support for minor children
-need to have certain amount of time worked to qualify
SNAP (supplemental nutritional assistance program)
-previously known as food stamps
-nutrition assistance
-issued through state/county offices
