Chapter 10 medical law and ethics questions and answers rated A+

Chapter 10 medical law and ethics questions and answers rated A+ What issues affected by federal law have traditionally affected employees in the workplace? 1. Employment-at-will 2. Wrongful Discharge 3. Just Cause 4. Public Policy What categories do federal and state laws generally address, regarding employees in the workplace? 1. Discrimination 2. Wages and work hours 3. Safety and welfare What are Discrimination? 1. Sexual harassment 2. Physical disability 3. Pregnancy 4. Age 5. Genetic discrimination What are wages and work hours? Equal pay and Retirement income security What is the role of the health care practitioner following OSHA standards for work done in the clinical setting and for infection control in the medical office? 1. right-to-know 2. Hazard Communication Standard 3. Chemical Hygiene Plan 4. Occupational Exposure to Bloodborne Pathogen Standard 5. Medical Waste Tracking Act What is the role of the Clinical Laboratory Improvement Act (CLIA) in quality laboratory testing? the act established minimum quality standards for all laboratory testing what is the purpose of worker's compensation and unemployment insurance? five benefits are: al treatment 2. temporary disability indemnity 3. permanent disability indemnity 4. death benefits for survivors 5. rehabilitation benefits what should healthcare practitioners know about hiring and paperwork for new employees? prohibited questions to ask job applicants, guidelines for conducting interviews, required paperwork, surety bond wrongful discharge a concept established by precedent that says an employer risks litigation if he or she does not have just cause for firing an employee just cause an employer's legal reason for firing an employee public policy the common law concept of wrongful discharge when an employee has acted for the "common good" Discrimination against employees for any of the following reasons: 1. belonging to particular race or religion, being male or female or having a particular age or disability 2. joining a union or engaging in political activity 3. preventing the collection of retirement benefits 4. reporting company safety violations 5. exercising the right to free speech 6. refusing to take drug or lie detector tests wagner act of 1935 this act makes it illegal to discriminate in hiring or firing because of union membership or organizational activities quid pro quo something for something title vii of the civil rights act of 1964 this act applies to businesses with 15 or more employees working at least 20 weeks of the year; the law prevent employers from discriminating in hiring or firing on the basis of race,color,religion,sex or national origin. Title vii also specifically prevents federal judges from using affirmative action plans; programs intended to remedy the effects of past discrimination affirmative action programs that uses goals and quotas to provide preferential treatment for minority persons determined to have been underutilized in the past age discrimination in employment act(ADEA) of 1967 this act applies to businesses with 20 or more employees working at least 20 weeks of the year. It prohibits discrimination in hiring or firing based on age, for persons aged 40 or older. rehabilitation act of 1973 this act applies to employers with federal contracts of $2,500 or more. It prohibits discrimination in employment practices based on physical disabilities or mental health. 1976 pregnancy discrimination act this an amendment to title vii of the civil rights act that makes it illegal to fire an employee based on pregnancy, childbirth, or related medical conditions titles I and V of the americans with disabilities act of 1990 this act applies to all employer with 15 or more employees working at lest 20 weeks during the year. Title I and III of the act ban discrimination against persons with disabilities in the certain public facilities, and require all commercial firms to make existing facilities and grounds more accessible to persons with disabilities civil right act of 1991 this act provided two new important benefits for employees who prove discrimination: 1) employees may collect punitive damages; 2) employees may collect damages for emotional distress associated with incidents of discrimination Genetic information nondiscrimination act of 2008 (Gina) the act prohibits discrimination in health insurance and employment based on genetic information. lilly ledbetter fair pay act of 2009 this law responded to the supreme court's decision in ledbetter v. goodyear tire and rubber company. the revisions were concerned primarily with statues of limitation trigger dates, extending the class of plaintiffs to any individual who is "affected by" unlawful discrimination and recovery of back pay. 1935 social security act funded by the federal insurance contribution act (FICA), the act now encompasses "old age" and survivors insurance (OASI), public disability insurance, unemployment insurance (through the Federal Unemployment Tax Act) and the hospital insurance program (Medicare) 1938 Fair labor standards Act this act prohibits child labor and the firing of employees for exercising their rights under the act's wage and hour standards. the new rules guarantee overtime protection to workers earning less than $23,660 annually and continue exemptions of the overtime rule for certain "learned professional employees" equal pay act of 1963 as an amendment to the fair labor standards act, this act requires equal pay for men and women doing equal work Employee retirement income security act (ERISA) of 1974 this act regulates private pensions funds and employer benefit programs. as part of its provisions, employers can not prevent employees from collecting retirement benefits from plans covered by the act Occupational safety and health act of 1970 this act ensures the safety of workers and prohibits firing an employee for reporting workplace safety hazards or violations (whistle blower) Family Medical Leave Act of 1991 (FMLA) this act applies to employers with 50 or more employees. It mandates allowing employees to take unpaid leave time for maternity, for adoption, or for caring for ill family members. Occupational safety and health administration (OSHA) established by the occupational safety and health act of 1970, the organization that is charged with writing and enforcing compulsory standards for health and safety in the workplace the priority of workplace inspections is as follows imminent danger situation receive top priority, second priority goes to the investigation of fatalities and accidents resulting in a death or hospitalization of there or more employees, third priority goes to formal employee complaints of unsafe or unhealthful working conditions and to referrals from any source about a workplace hazard the priority of workplace inspections is as follows extended: Fourth in priority are programmed inspections aimed at specific high hazard industries, workplaces, occupations, or health substances or other industries identified in OSHA's current inspection procedures, Last on the list of priorities for OSHA inspections are follow-up inspections. right-to-know laws state laws that allow employees access to information about toxic or hazardous substances, employer duties employee rights and other workplace health and safety issues Hazard Communication Standard (HCS) An OSHA standard intended to increase health care practitioners' awareness of risks, improve work practices and appropriate use of personal protective equipment, and reduce injuries and illnesses in the workplace Employers must obtain a material safety data sheets (MSDS) for each hazardous chemical in use in the office General Duty Clause a section of the hazard communication standard stating that any equipment that may pose a health risk must be specified as a hazard chemical hygiene plan the standard for occupational exposures to hazardous chemicals in laboratories, which clarifies the handling of hazardous chemicals in medical laboratories Occupational exposure to blood borne pathogen standard an OSHA Regulation designed to protect health care workers from the risk of exposure to blood borne pathogens medical waste tracking act the federal law that authorizes OSHA to inspect hazardous medical wastes and to cite offices for unsafe or unhealthy practices regarding these wastes Clinical Laboratory Improvement Act (CLIA) Also called clinical laboratory improvement amendments. Federal statute passed in 1988 that established minimum quality standards for all laboratory testing workers' compensation a form of insurance established by federal and state statues that provides reimbursement for workers who are injured on the job surety bond a type of insurance that allows employers, if covered to collect up to the specified amount of the bond if an employee embezzles or otherwise absconds with business funds Federal and state laws against discrimination in hiring, inquiries cannot be made concerning an applicant's race or color, religion or creed, gender, family, marital status, method of birth control, age, birth date, birth place, disability, arrest record, residency duration, national origin, general military experience or discharge, membership in organizations The following guidelines can help those employees who are responsible for conducting preemployment interviews; Make a list of questions that relate to specifically to the job description of the positions to be filled, and stick to them; do not rush inter nor let it drag beyond reasonable time limits, general questions that may prove helpful, remain objective and listen well, end the interview on a positive note. Complete records for every employee must include social security number, number of exemptions claimed, gross salary, deceptions for social security, medicare, federal, state, and city taxes,withholding for state disability insurance, state unemployment tax and health care plans Employers must provide each employee with a form W-2, wage and tax statement by January 31 of each year The W-2 shows the following information employer's tax identification number, employees social security number, total earnings, amounts deducted for income tax and social security, amount of advance earned income credit payment