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OT Legislation
per NBCOT Study Guide, 6th ed. pgs 72-77
| Question | Answer |
|---|---|
| Medicare Title 18 - PL 89-97 | Established Medicare & SSI -- SSI enables persons w/ disabilities to receive a monthly income enabling them to live in the community |
| Rehabilitation Act of 1973 | Prohibits discrimination on basis of disability in any program/activity that receives federal assistance -- requires all federal agencies to develop plans for hiring/placement/advancement of persons w/ disabilities |
| Fair Housing Act | prohibits discrimination on the basis of disability, religion, sex, color, race, national origin, and familial status -- newly constructed multifamily residences (4 units or more) must meet accessibility standards |
| Omnibus Budget Reconciliation Act (OBRA) of 1981 | Provides Medicaid financing for community based services for people with developmental disabilities when services were demonstrated to be less expensive than institutional care |
| Americans w/ Disabilities Act (ADA) | Prohibits discrimination against qualified persons w/ disabilities -- people w/ gambling, substance abuse, pyromania, sex behavior disorders are not protected by this act |
| ADA -- Title I | Employment -- Prohibits employer discrimination against person's w/ disabilities -- allows questions about how one can perform job, NOT inquiries if one has a disability -- reasonable accommodations must be provided for businesses w/ 15 or more employees |
| Organizations exempt from ADA | US government, Indian Tribes, religious groups, and/or private tax-exempt membership clubs |
| ADA -- Title II | Public Services -- no discrimination by state & local governments -- includes transportation, public education, employment, recreation, social services, health care, courts, town meetings, and voting |
| ADA -- Title III | Public Accommodation & Services operated by Public Entities -- person's w/ disabilities can access services, facilities, goods (e.g. hospitals, day care, schools, public transportation) -- physical barriers must be removed |
| ADA -- Title IV | Telecommunication -- all TV must include closed captioning, telephone companies must provide telecommunication relay service (TRS) to persons w/ hearing/speech impairments |
| Ticket to Work & Work Incentives Improvement Act (TWIIA) | Strives to make it easier for person w/ disability to work -- allows them to maintain Medicare/Medicaid benefits -- eliminates limits on Medicaid 'buy in' option -- all states can design their own program |
| Work Investment Act (WIA) | Federally sponsored national employment & vocational training system -- established a 'One Stop' delivery system for adults 18 and older to allow universal for persons w/ disabilities to access employment & training services |
| Technology Related Assistance for Individuals w/ Disabilities Act | Funded the development of technology & technologic aids for persons w/ disabilities to improve communication, mobility, self-care, transportation, and education |
| Telecommunications Act of 1996 | Required providers of telecommunications systems and manufacturers of telecommunications equipment to make services and equip. usable by and accessible to people w/ disabilities (e.g. cell phones, pagers, caller ID, call waiting) |
| Child Abuse Prevention and Treatment Act | Mandates professionals (including OT's) to report abuse & neglect to law enforcement officials -- OT practitioners can also serve as child welfare advocates -- OT intervention may be needed to remediate physical/emotional disorders resulting from abuse |
| Early Intervention and Education Acts | Mandates free and appropriate education for all children regardless of ability or disability in least restrictive environment -- designates OT as a primary early intervention service -- recommendations for states to develop infant/toddler (0-3) programs |
| Re-authorization and Amendment of Individuals with Disabilities Education Act | Emphasizes purpose of IEP to address child's unique needs as related to their disability -- states education child rcv's should prepare them for ind. living & employment in adult life -- transitional planning begins at 14 for post-school goals |
| Individuals with Disabilities Education Improvement Act (IDEA 2004) | Directly addresses student's functional & academic performance -- expands IEP's annual goals -- increases flexibility in IEP meetings |
| No Child Left Behind Act (NCLB) | general education law which emphasizes standards-based education -- requires schools to provide accommodations for mandated tests |
| Age Discrimination in Employment Act | Prohibits employment practices that discriminate or unfairly affect workers 40 or older - prohibits mandatory retirement of older workers |
| Freedom to Work Act | Amended Social Security Act to enable American's rcv'g retirement social security benefits to be able to work without affecting their SS income |
| Omnibus Budget Reconciliation Act (OBRA) of 1990 | Applied to nursing homes that get federal $$ for Medicare/Medicaid patients -- mandated comprehensive resident assmt. system - Minimal Data Set (MDS) - administered on admission and annually unless there is a significant change in residents condition |
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