Laws, Legislation, etc. Flashcards
What’s Patient Protection & Affordable Care Act (ACA)
Seeks to improve the accessibility, fairness, quality, efficiency, accountability, & affordability of health insurance coverage in the US
What’s Health Insurance and Portability Accountability Act?
AKA HIPPA
Standards & safeguards to assure the individual’s rights to continuity in health care coverage and to ensure privacy and security of health care records
What’s included in HIPPA?
- Need for consent (preferably written, document why not)
- Permission to discuss care with family members (clinical judgement may override if person objects - risk for harm)
- All providers protect patient confidentiality in all forms
- An individual has the right to access all of their records
- HIPPA does not exclude treatment from occurring in open clinics - be mindful & quiet
- Does not require 100% confidentiality, but reasonable & vigilant measure must be taken
What’s Supplemental Security Income?
SSI - enables persons with disabilities to receive a monthly income enabling them to live in the community
Rehabilitation Act of 1973 (3)
- Prohibits discrimination on the basis of disability in any program or activity that receives federal assistance
- Required all federal agencies to develop actions plans for the hiring, placement, & advancement of persons with disabilities
- Required contractors who received federal contracts over a ore-set amount to take affirmative action to employ persons with disabilities
Fair Housing Act
- Prohibits discrimination on the basis of disability, religion, sec, color, race, national origin, & familial status
- Requires reasonable accommodation to rules to allow for persons with disabilities (e.g. seeing eye dog)
- Tenants are allowed to make reasonable modifications to a home (owner is NOT required to pay for it)
- Required newly constructed multi-family homes (4+ apartments) to meet accessibility standards
Americans with Disabilities Act (ADA) - general coverage & who is covered
- Prohibits discrimination against qualified persons with disabilities in employment, transportation, accommodations, telecommunications, & public services
- Criteria for classifying an individual as disabled:
a) person with physical or mental impairment that substantially limits 1+ life roles or major activities
b) person having record of such impairment
c) person regarded as having such as impairment
Who is NOT protected by the Americans with Disabilities Act (ADA)? (5)
- Individuals actively abusing substances
- Compulsive gamblers
- Persons with: kleptomania
- Pyromania
- Sexual behavior disorders
Who is exempt from Title I (Employment) of the Americans with Disabilities Act (ADA)? (3)
- The US Gov’t
- Indian Tribes
- Private tax-exempt membership clubs
Who must abide by Title I (Employment) of the Americans with Disabilities Act (ADA)?
- Private employers with 15+ employees
- State & local gov’t
- Employment agencies
- Labor unions
- Religious entities
What does Title I (Employment) of the ADA entail?
The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.
What does Title II (Public Services) of the ADA entail?
Mandates that state & local gov’t & their dept’s, agencies, and/or component parts may not discriminate against, exclude, or deny persons with disabilities participation in or benefit from the services, programs or activities of these public entities
INCLUDING: Transportation, public education, employment, recreation, social services, health care, courts, town meetings, & voting.
What does Title III (Public Accommodations & Services operated by Private Entities) of the ADA entail?
Mandates that places of public accommodation (i.e. hospitals, restaurants, etc.) may not discriminate against persons with disabilities with respect to their participation in or ability to benefit from the service, goods, facility, use, or other programming aspects.
Who is exempt from Title III (Public Accommodations) of the Americans with Disabilities Act (ADA)? (3)
- The US Gov’t
- Indian Tribes
- Private tax-exempt membership clubs
- Religious organizations
What is Ticket to Work & Work Incentives Improvement Act? (TWIIA) (4)
- Strives to make it more realistic & easier for a person with a disability to work
- Allows individuals with disabilities to maintain their Medicare or Medicaid health benefits for an additional 54mos & eliminate Medicaid “buy-in” options
- Established community-based vocational planning & assistance programs
- Increases choices for both service providers (beyond public assistance programs) & employment support services
