Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

PT administration and management > Jurisprudence and regulatory environment > Flashcards

Jurisprudence and regulatory environment Flashcards

(58 cards)

Start Studying
1
Q

What is jurisprudence?

A

Having knowledge of the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the three types of laws and potential consequences for breaking laws as a PT?

A

Administrative, civil, criminal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a legislation signed by a president/governor?

A

Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a written law passed by a legislative body?

A

statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

definition: Set of rules and legal restrictions set to carry out the statute

A

regulations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What type of law is PT licensing?

A

administrative law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

definition: Claims brought against individuals or groups by an administrative agency, such as a licensing board, which are created by the government to administer and enforce a particular set of statutes

A

administrative law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

definition: An injurious act committed against a person or property or a contract breach

A

tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the two types of torts?

A

Negligent and intentional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

definition: The system of law concerned with private relations between members of a community rather than criminal, military, or religious affair.

–> wrong but not a crime

A

civil law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is professional negligence?

A

malpractice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is required for proof in a malpractice case?

A

Duty, breach, damages, and causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Who assists in determining whether or not individual will be deemed guilty of negligence?

A

reasonably prudent person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is battery?

A

Actually touching without consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is assault?

A

Threaten to touch someone without their consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

(true/false) Medicare and Medicaid regulation 42CFR 483.12 prohibit use of chemical or mechanical restraint

A

True (false imprisonment)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is defamation?

A

communication to a third party that holds another up to scorn

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is libel defamation?

A

Written defamation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is slander?

A

verbal defamation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

definition: intentional misrepresentation

A

fraud

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

definition: intentional deprivation of one’s right to be left alone

A

invasion of privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

definition: intentional acts or omissions that would cause a reasonable person to suffer emotional trauma

A

infliction of emotional distress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What currently provides liability insurance for more than 79,000 PT providers?

A

Health providers service organization (HPSO)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

(true/false) professional liability insurance may cover cost to defend an intentional tort the insurer has the right to recover cost if the defendant is found guilty of the charges

25
What is an oral agreement or written agreement signed by both parties?
contract
26
definition: States that all writing is the final representation of all agreed terms
integrated agreement clause
27
What gives the employer the right to dismiss a contract without reason or advanced notice?
At-will employee
28
What does a restrictive convenant/non-compete clause do?
Prohibits professionals from working within a certain geographical area for a specific time frame
29
definition: the party offering the contract tries to get the other party to hold liability (often found in mergers and acquisitions)
indemnification clause
30
What law deals with acts considered against society?
criminal law
31
Why do organizations establish corporate compliance programs?
to lessen risks of intentional or unintentional regulatory noncompliance
32
Who is ultimately responsible for corporate compliance in an organization?
BOD
33
What are external factors that may significantly impact organizations? Why?
regulatory factors --> They can be an opportunity and a threat to organizations
34
definition: Articulate the business’s commitment of ethical behavior - Principles, values, and actions related to compliance
code of conduct
35
definition: Covers items such as HIPAA, fraud, and can also cover organizational values
policy and procedures
36
What helps set an organizations compliance program?
core values, mission, vision
37
What is an area where states and federal government often conflict?
regulations --> many times it is an argument over state rights verse federal oversight
38
What are the regulations of the fair labor standards act (FLSA)?
- EXEMPT employees who, because of their positional duties and responsibilities and level of decision-making authority, are exempt from the overtime provisions of the Fair Labor Standards Act - NON-EXEMPT employees must be paid the minimum wage and overtime pay for any time worked beyond 40 hours in a given week
39
What does the OSHA material safety data sheet (MSDS) provide?
Provides information about hazardous components, management of spills, accidental exposures to hazardous substances
40
definition: Law that mandates employers to allow for the continuation of employee health care provisions after termination of employment
Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA)
41
According to the Family and MEdical Leave Act (FMLA), Employees are allowed up to ____ weeks of unpaid protected time off work for family and medical issues if the company has more than 50 employees
12 weeks
42
What are the 4 parts of the ADA?
1. Communications provisions  2. Employment provisions 3. Public accommodations 4. Transportation
43
What section of the Rehabilitation act prohibits employers (government contractors) from discriminating against individuals with disabilities?
Section 503 (ADA)
44
Who does the Securities Act of 1933 apply to? What does it do?
a. Applies to for-profit corporations whose stock is publicly traded  b. Allows investors to receive financial and other significant information and Prohibits fraud and misrepresentation of the securities
45
What act regulates such things as definitions, standards, packaging, and labeling for food, food supplements, drugs, medical devices, and cosmetics
Federal Food, Drug, and Cosmetic Act
46
Who regulates medical waste disposal?
state
47
What are the most relevant parts of HIPAA to PTs?
Titles I and II
48
What does HIPPA title I do?
Protects health insurance coverage for workers and their families when they change or lose their job 
49
What does HIPAA title II do?
Reduce the costs and administrative burdens by setting requirements for providers and health care organizations for security of electronic health information, electronic transaction standards, and privacy of personal health information (PHI)
50
What does the Freedom of Information Act (FOIA) allow?
Any person can request government documents
51
What regulation requires that the office of minority health enters into contracts to increase the access of individuals with limited English proficiency ?
Disadvantaged Minority Health Improvement Act
52
definition: Prohibits physicians from referring Medicare patients for certain designated health services to an entity the physician or an immediate family member has a financial relationship with unless an exception applies
OBRA Stark I (1989)
53
definition: occurs when a party external to the organization reviews the activities of the organization for the purpose of evaluating their performance
external oversight
54
Who is external oversight done by?
government and private entities
55
What provides information to lawmakers?
external oversight
56
What oversight critically evaluates organizational performance?
external oversight
57
What does external oversight prevent?
Waste and fraud
58
What levels does government oversight occur?
All (federal, state, and local)

PT administration and management (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions