Laws, Regs, & Policies

Question 1

Body of rules of action or conduct prescribed by the controlling authority and having binding legal force

Answer 1

Laws

Question 2

Ways governmental bodies address problems in society; some of all the law of the jurisdiction, regardless of government source

Answer 2

Public policy

Question 3

Laws created by legislatures (fed & state)

Answer 3

Statutes

Question 4

Decrees handed down by courts

Answer 4

Common law

Question 5

Created by government agencies, not legislature

Combination of statues, court decisions and regulations

Answer 5

Regulations

Question 6

Enacted at federal level by Congress or at state level by different state legislatures

Answer 6

Federal statutes

Question 7

Good/services available to the public be made accessible to persons with disabilities

Answer 7

The Americans With Disabilities Act (ADA)

Question 8

Special education/related services provided at public expense to students with disabilities we needed to benefit from education program

Answer 8

The individuals with disabilities education act (IDEA)

Question 9

Social Security amendments of 1965

Answer 9

Medicare and Medicaid

Question 10

Federal guidelines that regulate type, how and why info that can be disclosed

Answer 10

The health insurance portability and accountability act (HIPAA)

Question 11

Required coverage for preventative services, pre-existing conditions, and adult dependents

Answer 11

The patient protection and affordable care act (ACA)

Question 12

Enacted by state legislatures in areas that states are constitutionally permitted to regulate (education, professional licensing, insurance)

Answer 12

State statutes

Question 13

Legal foundation for the scope and protection of physical therapy practice ( most important state statute)

Answer 13

State physical therapy practice act

Question 14

Most restrictive regulation. Creates a scope of practice

Answer 14

Licensure

Question 15

Legally protect title of PTA, but does not have separate scope of practice

Answer 15

Certification (in NE)

Question 16

Least rigorous and restrictive form of governmental regulation. (Update info and fee)

Answer 16

Registration

Question 17

What is CMS responsible for?

Answer 17

Regulating Medicare and Medicaid programs

Determining reimbursement

Determining PT providers participation

Question 18

Annual monetary tap on the mound reimbursable for Medicare part B

Answer 18

Medicare cap

Question 19

What is the For PT and what is PT lumped with?

Answer 19

$1940 & SLP

Question 20

What is the most important state regulation agency?

Answer 20

State physical therapy board

Question 21

How is the composition and function of the state physical therapy board determined?

Answer 21

State legislature through statutes

Question 22

Actions by licensed professionals that demonstrate an inability to meet professional standards

Answer 22

Professional misconduct

Question 23

Examples of professional misconduct

Answer 23

Physical abuse
Patient abandonment
Providing unnecessary tx 
Fraud
Incompetence

Question 24

Concerned with the wrongs committed among private parties and prosecuted in court of law. Can’t affect professional license

Answer 24

Civil law

Question 25

Action that a reasonable person would know to do but fails to do it

Answer 25

Negligence

Question 26

4 elements needed to prove negligence

Answer 26

Duty
Breach of duty
Causation
Damages

Question 27

Professional negligence that his profession specific

Answer 27

Malpractice

Question 28

Principal where one individual may be held indirectly liable for the actions of another

Answer 28

Vicarious liability

Question 29

Three types of contracts:

Answer 29

Employment contracts

Independent contractor for PT services

Contracts with payers

Question 30

Do you not have the force of law and maybe set by private entities

Answer 30

Private policies

Question 31

Laws regulations and policies protect the public by:

Answer 31

1: Ensuring providers are competent
2: taxpayer dollars are spent appropriately