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OT Legislation

per NBCOT Study Guide, 6th ed. pgs 72-77

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
Created by: msmaus