CFG Legal & Regulatory Issues in Elder Care

Question 1

What federal law protects residents' rights in nursing homes?

Accepted Answer

Nursing Home Reform Act

Answer

The Nursing Home Reform Act, enacted as part of the Omnibus Budget Reconciliation Act (OBRA) of 1987, is the federal law that protects residents' rights in nursing homes. This landmark legislation established comprehensive federal standards for nursing homes participating in Medicare or Medicaid. It guarantees residents' rights to dignity, privacy, and participation in their care planning, ensuring a minimum standard of quality of life and care.

Question 2

Which agency oversees elder abuse investigations?

Accepted Answer

Adult Protective Services

Answer

Adult Protective Services (APS) is the agency primarily responsible for overseeing elder abuse investigations. APS agencies, typically operating at the state or local level, investigate reports of abuse, neglect, or exploitation of vulnerable adults, including seniors. Their role is to protect individuals who are unable to protect themselves due to mental or physical impairments, providing or arranging for necessary services.

Question 3

What is a durable power of attorney for healthcare?

Accepted Answer

Healthcare decision authorization

Answer

A durable power of attorney for healthcare is a legal document that authorizes a designated agent to make medical decisions on someone's behalf if they become incapacitated and unable to communicate their wishes. This ensures that an individual's healthcare preferences are respected, even when they cannot express them directly. It is a crucial component of advance care planning, providing peace of mind for both the individual and their family.

Question 4

Which law regulates privacy of health information?

Accepted Answer

HIPAA

Answer

The Health Insurance Portability and Accountability Act (HIPAA) is the federal law that regulates the privacy and security of health information. Enacted in 1996, HIPAA sets national standards for who can access sensitive patient data, how it can be used, and how it must be protected. This law ensures patient confidentiality and gives individuals rights over their health information.

Question 5

What is guardianship in elder care?

Accepted Answer

Court-appointed decision maker

Answer

Guardianship in elder care refers to a legal process where a court appoints an individual or entity, known as a guardian or conservator, to make personal and/or financial decisions for an elderly person deemed incapacitated. This is typically a last resort when an elder can no longer manage their own affairs and has not established less restrictive alternatives like a power of attorney. The guardian is legally obligated to act in the best interest of the ward.

(CFG) Certified Financial Gerontologist Practice Test

(CFG) Certified Financial Gerontologist Practice Test

CFG Legal & Regulatory Issues in Elder Care