Mental Health Policies Flashcards
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance
Civil rights act of 1964
On July 26, 1990, the Americans with Disabilities Act banned discrimination based on disability in all parts of public life. People with disabilities could no longer be denied access to jobs, schools and transportation
Americans with disabilities act
requires hospitals with emergency departments to provide a medical screening examination to any individual who comes to the emergency department and requests such an examination, and prohibits hospitals with emergency departments from refusing to examine or treat
The Emergency Medical Treatment and Labor Act (EMTALA)
federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education
The Family Educational Rights and Privacy Act (FERPA)
provides workers’ compensation coverage for employment-related injuries and occupational diseases. Benefits include wage replacement, payment for medical care, and where necessary, medical and vocational rehabilitation assistance in returning to work and survivor benefits.
The Federal Employees’ Compensation Act (FECA)
•to extend and revise the authorization of grants to states for vocational rehabilitation services, with special emphasis on services to individuals with the most severe disabilities
•to expand special federal responsibilities and research and training programs with respect to individuals with disabilities
•to create linkage between state vocational rehabilitation programs and workforce investment activities carried out under title I of the Workforce Investment Act of 1998
•to establish special responsibilities for the Secretary of Education for coordination of all activities with respect to individuals with disabilities within and across programs administered by the federal government
The Rehabilitation Act replaces the Vocational Rehabilitation Act:
law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children
The Individuals with Disabilities Education Act (IDEA)
provides additional resources of interest for individuals with disabilities and their families
does not enforce the IDEA; however, it does enforce the Rehabilitation Act of 1973, Section 504 and Americans with Disabilities Act of 1990, Title II rights of IDEA-eligible students with disabilities.
The U.S. Department of Education’s Office for Civil Rights (OCR)
An act to provide federal funding for community mental health centers and research facilities devoted to the causes and treatment of intellectual disability
Community mental health centers act of 1963
Prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors
Rehabilitation Act of 1973
national law that protects qualified individuals from discrimination based on their disability
Section 504
civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
Americans with Disabilities Act (ADA) in 1990
provided that large group health plans cannot impose annual or lifetime dollar limits on mental health benefits that are less favorable than any such limits imposed on medical/surgical benefits. Purpose to provide the same level of benefits for mental and/or substance use treatment and services that they do for medical/surgical care.
Mental Health Parity Act (MHPA) of 1996
public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.
Olmstead Decision (Olmstead v. L.C. and E.W. in 1999)
help children (and eventually all Americans) with pre-existing conditions gain coverage and keep it, protect all Americans’ choice of doctors, and end lifetime limits on the care consumers may receive. These new protections create an important foundation of patients’ rights in the private health insurance market that puts Americans in charge of their own health.
Patient Bill of Rights
people with mental disabilities had a constitutional right to personal treatment with minimum standards of care
Wyatt vs Stickney
prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education
ORC
