Nbcot Review Ch 2: Federal Legislation

Front 1

What is the Health Insurance and Portability Accountability Act (HIPAA)?

Back 1

- A federal law that sets standards and safeguards to assure the individual's rights to continuity in health care coverage and to ensure privacy and security of health care records.

- All persons must be informed of the setting's privacy policies
- All providers must protect patient confidentiality in all forms (oral, written, electronic) and implement appropriate safeguards to ensure privacy.
- HIPAA does not exclude treatment from happening in group settings or open clinics.
- HIPAA does not require 100% guarantee of confidentiality, but rather reasonable and vigilant safeguards.

Front 2

Does a patient have a right to access all of his or her records?

Back 2

- Yes. It may take 30-60 days for a provider to respond, and you may need to pay a copy fee.
- A patient has the right to request something in their record be amended.

Front 3

What is Medicare Title 18-PL 89-97?

Back 3

- It established Medicare and Supplemental Security Income (SSI).
- SSI enables persons with disabilities to receive a monthly income enabling them to live in the community.

Front 4

What is the Rehabilitation Act of 1973?

Back 4

- Prohibits discrimination on the basis of disability in any program or activity that receives federal assistance (head start, community development programs, etc.)
- Requires federal agencies to develop action plans for hiring, placement, and advancement of persons with disabilities.
- Requires contractors who receive federal contracts over a pre-set amount to take affirmative action to employ persons with disabilities.

Front 5

What is the Fair Housing Act?

Back 5

- prohibits discrimination on the basis of disability, religion, sex, color, race, national origin, and familial status.
- Requires owners of housing to make reasonable exceptions to their standard tenant policies to allow people with disabilities equal housing (allow a seeing eye dog in a no-pets apartment)
- Requires tenants with disabilities be allowed to make reasonable modifications to common areas and their private living space for access (housing owner not required to fund)
- Requires that newly constructed multifamily residences (4 or more apartments) be built to meet established accessibility standards.

Front 6

What is the Omnibus Budget Reconciliation Act (OBRA) of 1981?

Back 6

- Provided Medicaid financing for community-based services for people with developmental disabilities when services were demonstrated to be less expensive than institutional care.

Front 7

What is the Americans with Disabilities Act (ADA)?

Back 7

- Prohibits discrimination against qualified persons with disabilities in employment, transportation, accommodations, telecommunications, and public services.
*See page 53 for specifics of each category.

Front 8

What is the criteria for being disabled according to ADA?

Back 8

- A person with a physical or mental impairment that substantially limits one or more major life activities.
- A person having a record of such an impairment.
- A person regarded as having such an impairment.

*Those not protected under ADA:
- individuals actively abusing substances, compulsive gambling, kleptomania, pyromania, sexual behavior disorders.

Front 9

Explain Title 1 of ADA: Employment.

Back 9

- Prohibits employers from discriminating against persons with disabilities in any aspect of employment (recruiting, hiring, working conditions, hours, promotion, training opportunities, termination, social activities).
- Reasonable Accommodations: must be provided by business with 15 or more employees to persons with disabilities to enable them to perform essential job functions unless them imposes undue hardship on the business.

Front 10

What is the Ticket to Work and Work Incentive Improvement Act (TWIIA)?

Back 10

- Strives to make it more realistic and easier for a person with a disability to work.
- Removes a major disincentive to work by allowing individuals with disabilities to maintain their Medicare or Medicaid health care benefits.
*Allows person with disability to keep Medicare benefits for additional 54 months after starting work.
- Enables consumers to have a choice in their service provider beyond public assistance programs.
- Establishes community-based vocational planning and assistance programs.
- Increases consumer choices for accessing employment support services.

Front 11

What is the Work Investment Act (WIA)?

Back 11

- Established a federally sponsored national employment and vocational training system.
- Established a "One-Stop" delivery system for all adults 18 and older seeking access to employment and training services.
*This means "universal access" for those with disabilities
- Services are also provided for individuals with disabilities ages 14-21 to assist in successful transition from school to work.

Front 12

What are the 2 key pieces of legislation specific to technology?

Back 12

1. The Technology Related Assistance for Individuals with Disabilities Act
2. Telecommunications Act of 1996

Front 13

What is the The Technology Related Assistance for Individuals with Disabilities Act?

Back 13

- Funded the development of technology and technologic aids for persons with disabilities to improve communication, mobility, self-care, transportation, and education.

Front 14

What is the Telecommunication Act of 1996?

Back 14

- Required providers of telecommunications systems and manufacturers of such equipment to make services and equipment useable and accessible to individuals with disabilities (if at all possible).
- Examples covered by this act: cell phones, pagers, call waiting, caller ID, operator assistance.

Front 15

What are the 5 key pieces of legislation specific to pediatric practice?

Back 15

1. Child Abuse Prevention and Treatment Act
2. Early Intervention and Education Acts
3. Reauthorization and Amendment of Individuals with Disabilities Education Act
4. Individuals with Disabilities Education Improvement Act (IDEA 2004)
5. No Child Left Behind Act (NCLB)

Front 16

What is the Child Abuse Prevention and Treatment Act?

Back 16

- Defines child abuse and neglect as mental or physical injury, negligent treatment, maltreatment, or sexual abuse of a child less than 18 years of age by a person responsible for their welfare.
- Mandates professionals to report abuse and neglect to law enforcement (OT INCLUDED).

Front 17

What is the Early Intervention and Education Acts?

Back 17

Multiple acts that have provided the foundation for current early intervention and education services:
- Mandates for free and appropriate education (FAPE) for all children regardless of disability (3-21 yo) in the least restrictive environment (LRE).
*LRE meant mainstreaming
- Requires public schools provide OT to special ed students if OT is needed for the student to benefit from special ed.
- Designated OT as a primary early intervention service.
- Funding for family support services and programs to train professionals in early intervention.
- Recommendations for states to develop infant and toddler programs (birth to 3 years).

Front 18

What is the Reauthorization and Amendment of Individuals with Disabilities Education Act?

Back 18

- Emphasizes that the purpose of the IEP is to address the child's unique needs as related to his/her disability and decide how these needs can be served so the child has full access to the general ed curriculum.
- Clarified that the IEP can include consideration of AT and behavioral interventions, strategies, and supports.
- IEP planning team is open to related personnel at the request of the parent or school, in addition to the regular ed teacher.

Front 19

What is the Reauthorization and Amendment of Individuals with Disabilities Education Act (Cont'd)?

Back 19

- States that the education the student receives should prepare him/her for independent living and employment.
*Transition planning begins at age 14, Transition services begin at age 16
- Mandates an Individual Family Service Plan (IFSP) for children 0-2 years of age. OT identified as primary early intervention service.

Front 20

Explain the Individuals with Disabilities Education Improvement Act (IDEA 2004) (3/13 points).

Back 20

1. Directly addresses the student's functional performance along with academic performance.
2. Provides for a multi-year (not to exceed 3 years) IEP to allow for long-term planning and to coincide with a child's national transitions (pre-school to elementary, middle to high school).
3. Provides for increased flexibility in IEP meetings (team members can be excused from attending, allows revisions/amendments to be made to parents/districts after the meeting, allows use of technological alternatives like video conference calls).

Front 21

Explain the Individuals with Disabilities Education Improvement Act (IDEA 2004) (3/13 points).

Back 21

4. Requires that recommendations for early intervention, special ed, etc. be made based on peer-reviewed research.
5. A screening by a specialist is not equivalent to an evaluation for eligibility for IDEA services.
6. Requires all students with disabilities be assessed in compliance with NCLB.

Front 22

Explain the Individuals with Disabilities Education Improvement Act (IDEA 2004) (3/13 points).

Back 22

7. Provides for early coordinated intervening services for gen ed students from kindergarten - 12th grade who need additional supports to succeed (not special ed).
8. Clarifies the purpose of IDEA is to prepare children with disabilities for further education, employment, and independent living.
9. Allows school personnel to individually consider each case of a student with a disability who violates the school's code of conduct.

Front 23

Explain the Individuals with Disabilities Education Improvement Act (IDEA 2004) (4/13 points).

Back 23

10. Allows each state to define developmental delay criteria to determine if an infant/toddler eligible for early intervention.
11. Requires an IFSP include: developmental level; family priorities, concerns, resources; natural environments; measurable outcomes; projected, length, frequency, duration of research-based services; transition plans.
12. Clarifies the role of the parent and IFSP team in determining the site for service (maximize the natural environments as appropriate).
13. Requires states to establish procedures for the referral of infants/toddlers who are victims of abuse/neglect to early intervention services.

Front 24

What is the No Child Left Behind Act (NCLB)?

Back 24

- A general education law that emphasizes stands-based education.
- Considers OTs to be pupils services personnel and sets no requirements for OT services.
- Requires schools to provide accommodations if needed for mandated tests (OT can recommend testing alternatives/classroom accommodations).

Front 25

What are the 3 key pieces of legislation related to gerontic practice?

Back 25

1. Age Discrimination in Employment Act.
2. Freedom to Work Act.
3. Omnibus Budget Reconciliation Act (OBRA) of 1990.

Front 26

Explain the Age Discrimination in Employment Act.

Back 26

- Prohibits employment practice that discriminates/unfairly targets workers 40 years and older.
- Prohibits mandatory retirement of older workers. Employers CANNOT fix a retirement age.

Front 27

Discuss the Freedom to Work Act.

Back 27

- Amended the Social Security Act to enable Americans receiving retirement SS benefits (currently 65 yo) to be able to work without affecting their SS income.
- NO income restrictions.

Front 28

What is the Omnibus Budget Reconciliation Act (OBRA) of 1990?

Back 28

- Applied to all nursing homes that receive federal money for Medicare/Medicaid patients.
- Emphasized attending to resident rights, autonomy, and self determination; providing quality of care; enhancing quality of life.
- Mandated the Minimal Data Set (MDS) administered upon admission and annually. RNs complete, OTs can contribute.
- Must consider psychosocial wellbeing and activity pursuit patterns along with physical and cognitive abilities.
- Enhancing QoL through restraint reduction and restraint-free environments
- Aims to guarantee that residents have the right to choose how they want to receive care/live their lives.

Front 29

What is the Family and Educational Rights and Privacy Act (FERPA)?

Back 29

- A federal law that applies to all educational agencies and institutions (e.g., schools) that receive funding under any program administered by the Department.
- Once a student reaches 18 years of age or attends a postsecondary institution, he or she becomes an "eligible student," has rights under FERPA.
1. Right to have access to education records
2. Right to seek to have the records amended
3. Right to have control over the disclosure of personally identifiable information from the records
4. Right to file a complaint