Ait Governance And Management

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American with Disabilities Act (ADA)

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Focuses on the employment of people with" disabilities. Among other guidelines, recruiters cannot ask a candidate about the nature of a disability or if accommodation is necessary after the job offer. Prior to employment it is illegal to ask about reasonable accommodations.

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Assault

Back 2

Intentional threat or action that causes fear to another individual with reasonable alarm for harm

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Battery

Back 3

Intentional touching of another person without consent of that individual.

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Board of Directors

Back 4

Those who govern a for-profit organization.

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Board of Trustees

Back 5

Govern non-profit organization

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The Commission on Accreditation Rehabilitation Facilities (CARF)

Back 6

An independent professional group that focuses on centers providing nursing and therapies. It reviews adult day services, assisted living, behavioral health, employment and community services, and medical rehabilitation. It charges a fee for its peer-reviewed evaluation process. It also has an interest in education, training, research and quality improvement.

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Civil Law

Back 7

Law focusing on the rights and duties between people in areas related to contracts and torts. Some cases may be appropriate for criminal law and civil law. The person alleging the invasion of rights (plaintiff) brings the case against the alleged wrongdoer (defendant).

Front 8

Constitution

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The fundamental law of the United States. It establishes the conditions, obligations and rights of the federal and state governments.

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Contract

Back 9

An agreement between two or more individuals that includes legally enforceable rights and remedies. These agreements must be between competent people of legal age with something of value delivered in exchange for performance. All involved people must agree willingly and the obligation must be mutual.

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Corporation

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A business entity with separate legal identity from its owners. Categorized as ''C'' and ''S.''

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Criminal Law

Back 11

Law relating to illegal acts that have been identified by the government. Such acts can be felonies or misdemeanors, and violations are typically prosecuted by the district attorney in the county where the crime was committed.

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Evalutating

Back 12

Determining the actual accomplishments of the organization compared to the expected accomplishments. Performed by the administrator and department directors.

Front 13

Expectancy Theory

Back 13

A theory developed by Victor Voom that suggests employees are motivated to perform based upon a perceived expected outcome and the value the employee places on that outcome.

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Express corporate authority

Back 14

The authority delegated by a state statute.

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General Partners

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Partners in a business entity who have unlimited liability and who run the business.

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Governing Board

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Establishes the organization's mission and goals and selects the chief executive officer (CEO) to implement its goals. Evaluates and controls through organizational reviews that assess the CEO and organizational accomplishments. Possesses the authority to make critical decisions regarding the operations of the facility.

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HIPAA

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A federal initiative directed toward patient privacy. The effective date for implementation is April 13, 2003.

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Implied Corporate Authority

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The authority created at the discretion of the corporation, such as the corporate bylaws.

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Informed Consent

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Resident has legal right to be educated on the potential risks, benefits, and alternative of the proposed treatment prior to treatment

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Innovating

Back 20

Developing new ideas or strategies for the advancement of the facility.

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Joint Commission on Accredidation of Health Care Organizations (JCAHO)

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This private credentialing organization evaluates nursing facilities based upon several criteria, for a fee. Accreditation is generally granted for between one and five years.

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Limited Liability Partnership

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A partnership in which the general partners have joint liability for all actions of the partnership, including personal injury and debt load. All partners of the entity incur limited liability related to professional malpractice because the partners are only liable for personal malpractice acts (not those of the partners). However, the partners are jointly liable for the partnership's debts.

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Limited Partner

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Partners in a business entity who have liability only for the amount of the investment in the partnership and who have no control over the business operations.

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Line Authority

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The direct supervision over a subordinate and is shown on the organizational chart by a straight line.

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Malpractice

Back 25

Misconduct, improper care or treatment or failure to meet standards of care by a professional that results in harm to the resident.

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Management by Walking Around (MBWA)

Back 26

The act of walking around the facility to determine what is happening.

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Marketing

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The identification of populations to be served by the skilled nursing facility, as well as the communication to attract such groups to the facility to be served.

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Mission Statement/Philosophy

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Foundation for the guidance of the organization. Communicates the purpose of existence for the business.

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Negligence

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Not providing generally accepted standard of care that another professional would provide to same resident under same circumstances.

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Partnership

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A business entity owned by two or more people sharing unlimited liability (unless organized as an LLP).

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Performance Improvement (PI)

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The term generally used to describe small tasks to accomplish in individual departments to indicate success or quality improvement.

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Planning

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Identifying the short-term and long-term goals that coincide with the organization's mission statement. The administrator then determines the methods to accomplishment these goals.

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Regulations

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Federal, state and local government agencies interpret laws then develop regulations to administratively implement those laws.

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The Safety Medical Devices Act of 1990 (SMD)

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This act mandates that healthcare organizations report any incidents that reasonably suggest a medical device caused or contributed to the death or serious injury of a patient.

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Sole Proprietorship

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A business entity in which there is no legal separation between the owner and the business.

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Span of Management

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The number of employees that a manager can effectively supervise.

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Staff Authority

Back 37

People with these positions provide supportive functions in the facility and are represented on the organizational chart by a perforated line. They investigate problems or accomplish other tasks, but do not directly supervise anyone.

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Strategic Planning

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Involves forecasting, planning, organizing, staffing, directing, and evaluating

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Statutes

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Federal and state legislatures promulgate and pass laws, whereas county commissioners adopt ordinances.

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Tort

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A wrong against an individual. Occurs when a legal obligation is owed and that obligation is not delivered. The plaintiff is harmed in some way as the direct result of the breach of duty to perform.

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Two Factor Theory

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A theory developed by Herzberg which recognizes that employees who are dissatisfied with work are commonly unhappy with the environment in which they are working. Likewise, when employees are pleased with their work they are more likely associating work with the functions of the work.

Front 42

Unity of Command

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The concept that indicates that employees should report to only one supervisor for a given function.