Understanding Contracts and Agreements

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What is the primary purpose of the Occupational Safety and Health Act of 1970?

To set a national minimum standard for workplace safety

What type of payroll system can employers of assisted living facilities adopt under 29 U.S.C.Sec. 270(j)?

8-80 payroll system

What percentage of an approved state plan's operating costs does OSHA provide?

50%

What is the main responsibility of employers of assisted living facilities under OSHA?

To furnish employees with employment and a place of employment that is free from recognized hazards

Which states do not have their own job safety and health programs?

Texas and Florida

What is the purpose of Section 18 of OSHA?

To encourage states to develop and operate their own job safety and health programs

What is a common problem found in assisted living facilities according to the U.S. General Accounting Office?

Not providing residents with appropriate medications and not storing medications properly

Which of the following is a concern regarding medication administration in assisted living facilities?

Medication administration and assistance with self-medication

How do states address medication issues in assisted living communities?

With much variability in regulations and requirements

What is a requirement in some states regarding medication records in assisted living facilities?

Regular reviews by licensed nurses

Which of the following is a recommendation by the Assisted Living Workgroup regarding medication management?

Implementing guidelines for federal and state policy, state regulations, and operations

What is a trend observed in some states regarding medication issues in assisted living facilities?

Paying closer attention to medication issues as the acuity level of residents increases

What is required for a contract modification to be valid?

All parties agree to the modification and signify their agreement

What is the purpose of a representative of the assisted living residence offering to read and explain the contract?

To provide an opportunity for the prospective resident to ask questions

What is the minimum requirement for a contract or agreement in terms of language?

Written in a simple language

What information must be included in the contract or agreement regarding fees?

A comprehensive description of the billing and payment policies and procedures

Who has the right to review the contract before signing?

The prospective resident or a third party

What is the purpose of the advance notice requirement for changing fees?

To provide the resident with time to plan for the changes

What is the minimum gross annual sales volume required for an assisted living employer to be considered an 'enterprise' under the FLSA?

$500,000

Under which condition would an assisted living employer's non-exempt employees be covered under the FLSA?

If they work on goods or materials that have been moved in or produced for commerce by any person.

What is the federal minimum wage as of July 24, 2009?

$7.25 per hour

What is a limitation on collective bargaining agreements under the FLSA?

They can only contain provisions that are more beneficial to employees than the FLSA.

Why are employer errors in interpreting the FLSA's rules on 'hours worked' particularly significant?

They can result in unpaid overtime liability.

What type of employees may be exempt from certain FLSA requirements, depending on the services they provide?

Employees employed to provide companionship to the aged.

What is the primary purpose of OSHA regulations in the assisted living industry?

To protect employees from workplace hazards and injuries

Which of the following is a requirement for assisted living employers with 11 or more employees?

To maintain an OSHA Log 200

What is the role of OSHA compliance officers?

To inspect and investigate workplaces for compliance with OSHA regulations

What is the main conclusion of this chapter regarding state policy, licensing, and regulations for the assisted living industry?

States vary tremendously in their licensing and monitoring requirements

What is the purpose of national guidelines and recommendations provided by prominent national organizations?

To offer guidance in the absence of federal regulations

Why is it essential for assisted living administrators to stay informed about individual state laws and regulations?

Because state laws and regulations frequently change and are modified

Test your knowledge of contracts and agreements, including modifications, readability, and pre-signing reviews. Learn about the rights of prospective residents and the role of representatives in contract execution.

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