Laws, Regs, & Policies Flashcards

1
Q

Body of rules of action or conduct prescribed by the controlling authority and having binding legal force

A

Laws

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2
Q

Ways governmental bodies address problems in society; some of all the law of the jurisdiction, regardless of government source

A

Public policy

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3
Q

Laws created by legislatures (fed & state)

A

Statutes

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4
Q

Decrees handed down by courts

A

Common law

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5
Q

Created by government agencies, not legislature

Combination of statues, court decisions and regulations

A

Regulations

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6
Q

Enacted at federal level by Congress or at state level by different state legislatures

A

Federal statutes

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7
Q

Good/services available to the public be made accessible to persons with disabilities

A

The Americans With Disabilities Act (ADA)

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8
Q

Special education/related services provided at public expense to students with disabilities we needed to benefit from education program

A

The individuals with disabilities education act (IDEA)

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9
Q

Social Security amendments of 1965

A

Medicare and Medicaid

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10
Q

Federal guidelines that regulate type, how and why info that can be disclosed

A

The health insurance portability and accountability act (HIPAA)

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11
Q

Required coverage for preventative services, pre-existing conditions, and adult dependents

A

The patient protection and affordable care act (ACA)

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12
Q

Enacted by state legislatures in areas that states are constitutionally permitted to regulate (education, professional licensing, insurance)

A

State statutes

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13
Q

Legal foundation for the scope and protection of physical therapy practice ( most important state statute)

A

State physical therapy practice act

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14
Q

Most restrictive regulation. Creates a scope of practice

A

Licensure

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15
Q

Legally protect title of PTA, but does not have separate scope of practice

A

Certification (in NE)

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16
Q

Least rigorous and restrictive form of governmental regulation. (Update info and fee)

A

Registration

17
Q

What is CMS responsible for?

A

Regulating Medicare and Medicaid programs

Determining reimbursement

Determining PT providers participation

18
Q

Annual monetary tap on the mound reimbursable for Medicare part B

A

Medicare cap

19
Q

What is the For PT and what is PT lumped with?

A

$1940 & SLP

20
Q

What is the most important state regulation agency?

A

State physical therapy board

21
Q

How is the composition and function of the state physical therapy board determined?

A

State legislature through statutes

22
Q

Actions by licensed professionals that demonstrate an inability to meet professional standards

A

Professional misconduct

23
Q

Examples of professional misconduct

A
Physical abuse
Patient abandonment
Providing unnecessary tx 
Fraud
Incompetence
24
Q

Concerned with the wrongs committed among private parties and prosecuted in court of law. Can’t affect professional license

A

Civil law

25
Q

Action that a reasonable person would know to do but fails to do it

A

Negligence

26
Q

4 elements needed to prove negligence

A

Duty
Breach of duty
Causation
Damages

27
Q

Professional negligence that his profession specific

A

Malpractice

28
Q

Principal where one individual may be held indirectly liable for the actions of another

A

Vicarious liability

29
Q

Three types of contracts:

A

Employment contracts

Independent contractor for PT services

Contracts with payers

30
Q

Do you not have the force of law and maybe set by private entities

A

Private policies

31
Q

Laws regulations and policies protect the public by:

A

1: Ensuring providers are competent
2: taxpayer dollars are spent appropriately