L&E ch.8

What are the six illegal interview questions? (choose your 6 out of the 7)

1. Maiden name? 2. Children? 3. Height and weight? 4. Race or color? 5. Religion or creed? 6. Ever been arrested? 7. Handicaps?

The Occupational Safety and Health Act (OSHA) developed standards in 1991 stating that infectious materials include:

1. any unidentified body fluid 2. amniotic fluid 3. saliva in dental procedures 4. Cerebrospinal fluid

Title VII of the Civil rights Act of 1964 prohibits discrimination based on

1. color, race and national origin. 2. religion 3. gender

9. ERISA

1. controls employee benefit plans. 2. controls employee pension plans. 3. determines eligibility. 4. determines vesting

Under what federal regulation(s) are deaf children offered interpreters?

ADA, IDEA, FAPE: The ADA addresses the law as it affects the deaf. Other regulations, such as the IDEA or FAPE, address the rights of the deaf and hard of hearing.

The most important act covered under compensation and benefits regulations is said to be the

Fair Labor Standards Act

In most cases, federal laws:

Preempt state laws

Discuss the Fair Pay regulation under FLSA and what it means for overtime payments to healthcare employees such as nurses and LPNs.

The Fair Labor Standards Act 1938 (FLSA) establishes the minimum wage, requires payment for overtime work, and sets the maximum hours employees covered by the act may work; this act covers all non-management employees in both for-profit and not-for-profit institutions. The employer must pay one and one-half times the regular hourly pay rate for any work the employee performs over 40 hours in a seven-day (one week) period; with one exception, which allows hospitals to negotiate an agreement with their employees to establish a work period of 14 days. Overtime pay would go into effect for employees who work more than 80 hours in the 14-day period. As of 2013 the amendment, some employees, such as licensed practical nurses, guarantees overtime payment; (as it pertains to registered nurses) Registered nurses may also qualify depending on their status as either hourly or salaried.

Regulation Z of the Consumer Protection Act is also referred to as

Truth in Lending Act of 1969

The following acts are covered as amendments under Title VII with the exception of the:

Drug-free Workplace Act of 1988

Give examples of efficiency and effectiveness. Why is effectiveness more important?

Efficiency is getting the job done; Effectiveness is going the job right! This is especially true in healthcare because the health and wellbeing of an individual depends on the right actions being performed.

What do the initials EMTALA stand for and who does this law protect?

Emergency Medical Treatment and Active Labor Act Protects emergency patients from being dumped (transferred), from one hospital to another because the patient does not have insurance or is unable to pay for services

Under the Workers' Compensation Act

Employers must pay into a fund to help cover costs when an employee is hurt

What does the statement "a need to know" mean to you?

Having a legitimate reason to view privileged information

What does the term "just cause" mean?

Legal reason

When using a collection agency to collect outstanding debts (unpaid bills) from a patient,

Review the delinquent account with the physician or office manager before turning over the account to the agency

When making a claim for payment after a patient has died, the claim (or bill) must be

Sent to the administrator of the estate of the deceased person

As a healthcare worker, is it legal for your employer to ask you to provide a urine sample for a drug test? Why or why not?

Yes: because of the Drug-Free Workplace Act of 1988 employers are permitted to require drug testing as a condition of employment. The employer must inform the employee of the intent to maintain a drug-free workplace and of any penalties, such as discharge, that the employee would incur for violation of the policy.