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Hcs 545 Week 5

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Health Care Law, Regulations and Policy

HCS/545

November 23, 2015

Health Care Law, Regulations and Policy

Health Care law and legislation came about to define the scope of acceptable practice of clinicians, while protecting the public’s individual rights. Miller and Hutton states “Law can be defined as a system of principles and processes by which people who live in a society attempt to control human conduct to minimize the use of force in resolving conflicting interests.” When creating laws, conflicting interest often takes into consideration the basis ethical principles that includes autonomy, beneficence, nonmaleficence, and justice to name a few. Laws, particularly health care laws are often in the form of a statutes, such as the nurse practice act, that serves as a guidance for nurses to know what defines and limits our practice. As such, the law also regulates how statures must be enforced. Administrative agencies, such as the Center for Medicaid and Medicare Services under the auspices of the Health and Human Services, have created rules and regulations to enforce statutory laws. When we look at laws in nursing and other industries, it is an extension to address ethical issues that universally affects our society. Health care agencies are mandated to adhere to the rules that are created by regulatory agencies that can come in the form of laws, regulations, or codes, and are enforced through controls that make sure that these rules are adhered too. Policies are then created from these rules to legally protect society. Abood states “. It is an interactive process with multiple points of access providing opportunities to influence the multiple decision makers involved at each stage. “(2007)
Legislative versus Institutional Policies Legal guidelines in organizations may differ from State or Federal guidelines. As stated, policies are

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