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Flashcards in Health Care Law Deck (52):
0

Hospital Survey & Construction Act
(The Hill-Burton Act of 1946)
("Bricks And Mortar" program)

Hill-Burton Act of 1946
- Funding was given for hospitals' construction
- Hospital is responsible to provide reasonable care to those who cannot afford to pay
- Funding was stopped in 1990s

1

EMTALA

- Emergency medical treatment and active labor act
- 1986
- anti-dumping law: can not "dump" your pt either due to unable to pay or other reason

2

COBRA

Consolidated Omnibus Budget Reconciliation Act of 1985
- requires employers with more than 20 employees to offer continuation of health benefits for 18 months to employees who are no longer eligible under the employer's group coverage due , for example, to retirement or termination.
- The former employee is required to pay the premiums for the continuation coverage

3

ERISA

-1974
- Employee Retirement Income Security Act
- Preempts all state tort and consumer protection laws so that employee health benefit plans and self-insurance plans are not state regulated
- Employer has the immunity to self funded insurance plans, immune from State law suit for denial of benefits

4

Sherman Act

- anti-trust law
- Anti- monopoly

5

Clay Act

- Anti- trust law
- prohibit market control & lessening of competition by companies

6

Stark I

1992 Provision Barred self referrals to self labs under Medicare

7

Stark II

1993, restriction of self referral to cover a range of health services, it applies to both Medicare and Medicaid

8

Purpose of Affordable Care Act?

Provision to
1. expand coverage
2. Control health care costs
3. Improve the health care delivery system

9

OSHA does not apply to?

Miners
Workers in the transportation industry
Public employee
Self-employed

10

Employer are required to maintain medical and exposure records during the employment plus ? Years?

30 years

11

Access to medical records must be provided at no cost to employee within
? working days ?

15 working days

12

Mine Safety & Health Act 1977

Each mine must be registered with MSHA
Inspecting every underground mine at least 4 times/year, and every surface mine at least 2 times/year

13

Jones Act

- Merchant marine Act 1920
- federal statute requires that US flagged ships be built in US, owned by US citizens and registered/licensed in US
- any worker spending more than 30% of their time in service of a vessel on navigable water is a seaman under the Jones Act.
- covered workers are entitled to " transportation, wages, maintenance, and care"

14

FMLA 1993

Family and medical leave act
50 or more employees
12 wks unpaid, job- protected leave in a 12-month period for:
-birth/adoption of child
-care for immediate family
-own serious health condition

15

Couples work in the same company, under FMLE

A combined 12 wk unpaid leave in 12 month

16

Caring for "covered service member" with serious illness/injury incurred in line of duty on active duty,

Family member entitled to 26 wks of leave in 12 month period

17

GINA

Genetic information non-discrimination act of 2008
- GINA warning requirement.

18

GINA warning requirement

Employer requests for medical information must contain a warning to the employee and the healthcare provider specifically directing them not to provide any GI information.
Simply acquiring GI information about an employee can be violation of GINA

19

SOX

Sarbanes Oxley Act of 2002
Aimed at corporate fraud. Requires intensive business practice reforms
- Financial report certification by CEOs and CFOs
- Public reporting of compensation and profits of CEOs & CFOs

20

Certificate of Need

- Health planning resources development act of 1974
- Seeks to reduce overall health and medical costs

21

Stare decisis

Let the decision stands

22

Res Judicata

The issue has been decideded

23

Binding

Lower courts must follow

24

Parens patriae

Permits care to those who cannot take care of themselves when there is threat to self
Eg. Mentally ill or disabled

25

A law with mandatory reporting and disclosure requirements for group life and health plan is

ERISA
The Employee Retirement Income Security Act of 1974 has mandatory reporting and disclosure requirements for group life and health plans.
It has often been used as a shield against lawsuits by beneficiaries against managed care organizations

26

Burden of proof for Civil suit

"More probable than not"
- preponderance of evidence

27

Burden of proof for Criminal suit

Higher burden required
"Beyond a reasonable doubt"

28

State powers

Police power - threat to self
Parens patriae - threat to society

29

Police power

Powers of individual states to enact legislation, promulgate regulations to protect public health, safety, morals, and promote public good.

30

Constitutional test

1. Rational basis test
2. Strict scrutiny test

31

1. Rational basis test

Legitimate interest
= reasonably related

32

2. Strict scrutiny test

Fundamental right
= compelling interest and narrowly tailored

33

Public Health Regulation

Parens patriae (threat to self)
Police power (threat to society)
Search & Seizure
Inspection

34

State's rule in public health regulations

Most public health actions at state or local levels.

35

Federal government's role in public health regulation

Federal government involved in regulatory (FDA) and non-regulatory activities (CDC)
Funding is used by federal government to regulate state and local activities

36

EMAC

Emergency Management Assistance Compact

37

EMAC

Agreements covering liability, reimbursement and response issues when personnel & resources shared across state borders during an emergency.
Congressional Approval 1996, all states adopted.

38

Sherman act

The first antitrust law passed in US in 1890
Outlawed monopoly or any attempts to monopolize a market or act to restraint trade

39

Clayton Act

Another antitrust law
It prohibits market control and lessening of competition by companies

40

Stark law

Governs physician self-referral for Medicare and Medicaid pts
- Referral of pt to medical facility in which physician has a financial interest:
- ownership
- investment
- Structured compensation agreement

41

False claims act

To address fraudulent billings to federal government
Improper receipt or avoidance of payment to the government

42

Qui Tam provision of False Claim Act

1.Knowledge, past or present fraud and bring suit on behalf of government
2. Defendant pays plaintiff expenses if plaintiff wins
3. Reward: 15-30% of funds recovered
4. Employee protected from retaliation

43

Tort law

Civil wrong

44

Negligence

Failure to act as reasonable person would under similar circumstances

45

Gross Negligence

Behavior which is willful, wanton, or with reckless disregard. Extreme departure from ordinary care.

46

Battery

The offensive touching of another without consent

47

Assault

Somebody hit you with anger

48

Darling vs. Charleston Community Memorial Hospital (1965)

Malpractice liability
- 18 yo football player
- fractured leg
- developed complication
- amputated leg
- hospital was liable to monitor the credentials and competency of physicians

49

In re Quinlan (1976)

Termination of life support
- 21 yo in comatose vegetative state
- parents petitioned for the right to refuse treatment and turn off the respirator
- the Quinlan case established pt's right of self-determination.

50

Tarasoff v. Regents of the University of California (1976)

Duty to warn

51

Roe v. Wade (1973)

Abortion
- established the legal right to first and second-trimester abortion in the US. -- - State can restrict third-trimester abortion, but not if the life or the health of the mother is in danger.