Chapters 5/6 Flashcards by Jacey Walts

Q

By level of gov

A

federal, state, local laws

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Q

By the source of law

A

constitutional, statutory, administrative, common

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Q

By the law’s application

A

public, private

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Q

By the nature of litigants

A

civil, criminal

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Q

By the type of wrong

A

tort, contract

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Q

Federal Preemption

A

Federal Laws supersede state and local laws

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Q

statutory law

A

crafted by legislative bodies

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Q

administrative law

A

rules and regulations

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Q

Common law (case law)

A

legal precedents

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Q

Public laws affect

A

society as a whole

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Q

What is a tort?

A

A violation of duty

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Q

Example of commission

A

Alarms don’t work

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Q

Example of omission

A

No alarms are installed

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Q

Is admin liable for malpractice?

A

Generally no if they didn’t know about it

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Q

Public Ownership

A

Owned by the government

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Q

Who licenses nursing facilities?

Study These Flashcards

A

States

Q

Licensure requires what?

Study These Flashcards

A

state nursing home standards and national life safety code

Q

Who accredits family care?

Study These Flashcards

A

JCAHO

Q

Why do nursing homes choose not to be accredited?

Study These Flashcards

A

It is expensive and not always valuable

Q

3 Types of Advance Directive

Study These Flashcards

A

Living will, DNR, Power of attorney

Q

5 Types of Elder Abuse

Study These Flashcards

A

Physical abuse, psychological/verbal abuse, sexual abuse, financial exploitation

Q

Who is the most important agency regulating LTC

Study These Flashcards

A

CMS

Q

What can state certified regulations do

Study These Flashcards

A

enforce federal and state compliance

Q

State survey agencies survey

Study These Flashcards

A

federal Requirements of Participation

Main Enforcement Agencies

CMS, Department of Justice, OSHA

Main reasons for regulating health care

gov is a payer, clients are often frail

Traditional survey is often

unannounced

Resident Centered

A violation that may affect even 1 resident

Facility Centered

Pertains to operational systems

FTag

Regulation itself

Interpretive Guidelines

What to do with a regulation

Severity

How harmful was it

Scope

of residents impacted

Category A seriousness

Least Serious

Category L seriousness

Most serious

OSHA Primary mission:

workplace safety

Nursing Home Compare only focuses on

Quality of care, not quality of life