Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

PT administration and management > Jurisprudence and regulatory environment > Flashcards

Jurisprudence and regulatory environment Flashcards

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

A

true

25
Q

What is an oral agreement or written agreement signed by both parties?

A

contract

26
Q

definition: States that all writing is the final representation of all agreed terms

A

integrated agreement clause

27
Q

What gives the employer the right to dismiss a contract without reason or advanced notice?

A

At-will employee

28
Q

What does a restrictive convenant/non-compete clause do?

A

Prohibits professionals from working within a certain geographical area for a specific time frame

29
Q

definition: the party offering the contract tries to get the other party to hold liability (often found in mergers and acquisitions)

A

indemnification clause

30
Q

What law deals with acts considered against society?

A

criminal law

31
Q

Why do organizations establish corporate compliance programs?

A

tolessenrisksofintentionalor unintentionalregulatorynoncompliance

32
Q

Who is ultimately responsible for corporate compliance in an organization?

A

BOD

33
Q

What are external factors that may significantly impact organizations? Why?

A

regulatory factors

–> They can be an opportunity and a threat to organizations

34
Q

definition: Articulate the business’s commitment of ethical behavior
- Principles, values, and actions related to compliance

A

code of conduct

35
Q

definition: Covers items such as HIPAA, fraud, and can also cover organizational values

A

policy and procedures

36
Q

What helps set an organizations compliance program?

A

core values, mission, vision

37
Q

What is an area where states and federal government often conflict?

A

regulations

–> many times it is an argument over state rights verse federal oversight

38
Q

What are the regulations of the fair labor standards act (FLSA)?

A
  • EXEMPT employeeswho, because of their positional duties and responsibilities and level of decision-making authority, areexemptfrom 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
Q

What does the OSHA material safety data sheet (MSDS) provide?

A

Provides information about hazardous components, management of spills, accidental exposures to hazardous substances

40
Q

definition: Law that mandates employers to allow for the continuation of employee health care provisions after termination of employment

A

Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA)

41
Q

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

A

12 weeks

42
Q

What are the 4 parts of the ADA?

A
  1. Communicationsprovisions
    2.Employmentprovisions
    3.Publicaccommodations
    4.Transportation
43
Q

What section of the Rehabilitation act prohibits employers (government contractors) from discriminating against individuals with disabilities?

A

Section 503 (ADA)

44
Q

Who does the Securities Act of 1933 apply to? What does it do?

A

a. Appliestofor-profitcorporationswhosestockispubliclytraded

b. Allows investors to receive financial and other significant information and Prohibits fraud and misrepresentation of the securities

45
Q

What act regulatessuchthingsasdefinitions,standards,packaging,andlabeling for food,foodsupplements,drugs,medicaldevices,andcosmetics

A

FederalFood,Drug,andCosmeticAct

46
Q

Who regulates medical waste disposal?

A

state

47
Q

What are the most relevant parts of HIPAA to PTs?

A

Titles I and II

48
Q

What does HIPPA title I do?

A

Protectshealthinsurancecoverageforworkers andtheirfamilieswhentheychangeorlosetheirjob

49
Q

What does HIPAA title II do?

A

Reducethecostsandadministrativeburdensby settingrequirementsforprovidersandhealthcare organizationsfor security of electronic health information, electronic transaction standards, and privacy of personal health information (PHI)

50
Q

What does the Freedom of Information Act (FOIA) allow?

A

Any person can request government documents

51
Q

What regulation requires that the office of minority health enters into contracts to increase the access of individuals with limited English proficiency ?

A

Disadvantaged Minority Health Improvement Act

52
Q

definition: ProhibitsphysiciansfromreferringMedicarepatients forcertaindesignatedhealthservicestoanentitythephysicianoran immediatefamilymemberhasafinancialrelationshipwithunlessan exception applies

A

OBRA Stark I (1989)

53
Q

definition: occurs when a party external to the organization reviews the activities of the organization for the purpose of evaluating their performance

A

external oversight

54
Q

Who is external oversight done by?

A

government and private entities

55
Q

What provides information to lawmakers?

A

external oversight

56
Q

What oversight critically evaluates organizational performance?

A

external oversight

57
Q

What does external oversight prevent?

A

Waste and fraud

58
Q

What levels does government oversight occur?

A

All (federal, state, and local)

PT administration and management (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions