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Disclosure Laws
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The statutory purpose of HIPAA was, "to amend the Internal Revenue Code of 1986 to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes." (P.L. 104-191) HIPAA essentially provides national standards for the protection of health information, regulated by the U.S. Department of Health & Human Services (HHS).
The U.S. Department of Health & Human Services (HHS) has compiled a summary of the HIPAA privacy rule. The full text of HIPAA, Public Law 104-191, can be found here: http://aspe.hhs.gov/admnsimp/pl104191.htm. A range of information can be found at the HHS website.
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Fair Housing Amendments Act of 1988
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The Fair Housing Amendments Act of 1988 (FHAA), 42 U.S.C. 3601, is a federal statute that prohibits discrimination against the frail or disabled in housing. The FHAA amended Title VIII of the Civil Rights Act of 1968 which does not include protection for people with disabilities. The FHAA requires landlords to treat people with disabilities the same as other people are treated. It also requires new construction of dwellings having four or more units to include wheelchair accessibility, and requires that landlords make reasonable accommodations in physical characteristics of dwellings and in rules and procedures at the request of disabled tenants. Reasonable accommodations must be 1) reasonable under the circumstances, and 2) give the disabled tenant equal opportunity to use and enjoy the dwelling. The FHAA prohibits landlords from making inquiries to current and prospective tenants regarding their age, health, disabilities, and ability to live independently with the exception that if a special program necessitates the information, then the landlord can inquire as to such matters. The FHAA does not apply to rental dwellings that contain 4 or less units where the owner also lives in the building, does not require a landlord to rent to someone is presents a threat to the safety or health of other tenants, and does not require a landlord to provide services (like housekeeping, transportation, and so on) to a tenant with disabilities (unless those services are already provided as part of the housing).
Language of the FHAA
The U.S. Department of Housing and Urban Development (HUD) administers the FHAA. See http://www.hud.gov/offices/fheo/progdesc/title8.cfm; see also http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm
Understanding the Fair Housing Amendments Act
John Petrila, An Overview of Judicial Enforcement of the Fair Housing Amendments Act of 1988 (1994)
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Nursing Home Reform Act
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The Nursing Home Reform Act was passed in 1987 as part of the Omnibus Budget Reconciliation Act of 1987. Nursing homes that participate in the federal Medicare and Medicaid programs are subject to the Nursing Home Reform Act. The goal of the Nursing Home Reform Act was to provide quality care to nursing home residents. The Nursing Home Reform Act created a Residents' Bill of Rights and requires certain services to be provided to residents. 42 CFR 483.25
A Senate diagram of the evolution of nursing home reform at the federal level.
The Resident Bill of Rights:
- The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in resident and family groups;
- The right to be treated with dignity;
- The right to exercise self-determination;
- The right to communicate freely;
- The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
- The right to voice grievances without discrimination or reprisal.
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Age Discrimination in Employment Act
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The Age Discrimination in Employment Act (ADEA) makes it unlawful to discriminate on the basis of age in hiring, firing, or conditions of employment, including compensation, layoffs, and benefits. The ADEA applies to employers with twenty or more employees as well as state, local, and federal governments. The ADEA applies to employees and job applicants 40 year of age and older.
The Older Workers Benefit Protection Act of 1990 amended the ADEA to prohibit employers from denying benefits to older employees. The governing federal agency of the ADEA is the U.S. Equal Employment Opportunity Commission.
The Age Discrimination in Employment Act of 1967 (Pub. L. 90-202).
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Older Americans Act of 1965
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The Older Americans Act (OAA) was signed into law in 1965. It created the Administration on Aging, grants for research, service programs, and training in the field of aging. The OAA was amended in 2000 to include a new program, the National Family Caregiver Support Program, which will help family members who are caring for their loved ones who are ill or are living with disabilities. The OAA is extensive and contains a large range of provisions. The Administration on Aging has broken them down into navigable sections. The OAA requires creation of State Units on Aging, Area Agencies on Aging, and the long term care ombudsman program that provide services and programs to state senior populations.
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Americans with Disabilities Act
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The Americans with Disabilities Act was passed in 1990 and prohibits the discrimination against people living with disabilities. The ADA applies to employment, access to public places, and places of accommodation. The Department of Justice is charged with ensuring compliance with the Americans with Disabilities Act. According to the ADA, a disability is defined as "a physical or mental impairment that substantially limits a major life activity." There are specific conditions that are excluded, such as substance abusers. Further information about the ADA can be found on the ADA website.
The full text of the ADA .
The Department of Justice has created a booklet detailing the ten federal laws that deal with discrimination against people with disabilities.
A thorough site that contains ADA-related court cases and a range of ADA documents can be found at the Job Accommodation Network.
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Vulnerable Adults Act
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The Vulnerable Adults Act went through major legislative reform in 1995. According to the statute, a vulnerable adult is a person age 18 or older who is a resident or inpatient of a facility, receives services from a licensed facility or a licensed home care provider, or possess a physical or mental infirmity or other physical, mental, or emotional dysfunction that impairs the individuals' ability to adequately provide for their own care and because of the individuals' impairment, the individual is unable to protect oneself from maltreatment.
The full text of Minnesota's Vulnerable Adults Act.
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