...Health Law and Regulations Paper Veronica Jenkins HCS/544 May 26, 2014 Professor: Kelly Gantt In the health care industry, regulations play an important role “Through various regulatory bodies, the Department of Health and Human Services (HHS) protects the public from a number of health risks and provides programs for public health and welfare” (fiercehealthcare.com). Implementing these two helps protect health care agencies and also regulate public health on every level. “The Centers for Medicare and Medicaid (CMS), founded in 1965, oversee most of the regulations related directly to the healthcare system” (fiercehealthcare.com). CMS provide numerous programs through the government. The health care industry has numerous regulations in healthcare. One example of laws and regulations facing health care is HIPPA. The transformation from paper charts to electronic records raises a great concern in the breach of security. “In addition, interoperability of systems is expected to create yet more breaches, as information is traded between networks. Laptop theft is the most common type of data breach, accounting for 24 percent of reported breaches, according to HHS. Desktop computers were involved in 16 percent of breaches and portable devices such as smart phones were involved in 14 percent” (beckershosiptalreview.com). Human and Health Service (HHS) require individual to notify patients when their information was breach. “The regulations, developed...
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...Health Law and Regulations Stephanie Sauceda HCS/545 March 17, 2014 Mary Cummings Health Law and Regulations Health care in the United States has changed over the years and the federal government saw need to establish regulatory agencies such as the Centers for Medicare & Medicaid Services (CMS) to ensure the elderly, disabled and low income receive quality and cost-effective health care. As a result of health care costs sharply increasing, the government determined it needed to have oversight on the health care industry and pushed for the establishment of managed care organizations (MCO). CMS enforces the Emergency Medical Treatment & Labor Act (EMTALA); this act was created to ensure health care organizations provide a minimum of a medical screening exam to determine if complaint is emergent or not. Most importantly for EMTALA is the obligation to treat emergent cases regardless of the patient’s ability to pay for services. In 1996, the Health Insurance Portability and Accountability Act (HIPAA) was approved by the United States Congress to regulate the use of and protect patient health records and the Department of Health & Human Services oversees the compliance and violations of HIPAA (Department of Health & Human Services, n.d.). The intentions of many of these regulatory agencies is to oversee that the health care industry is providing quality, affordable health care and treating patients with fairness and privacy. In 2008, the Centers for Medicare...
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...Running head: HEALTH CARE LAWS, POLICIES, AND REGULATIONS Health Care Laws, Policies, and Regulations Frank Frimpong Manso HCS 545 July 4, 2016, 2016 Prof Elam Health Care Laws, Policies, and Regulations Health Law, Regulation, and Policy has become the means of health protection and prevention for the American people. The government highly regulates these laws improving the health of the public by developing programs, resources, and tools, aiding in health care access, however, there are also different private bodies involved in regulating the healthcare sector. Health care regulation is focused on three main roles; cost control, quality control, and access expansion and control. This paper will discuss the impact of ACA on health care organizational policies. The Affordable Care Act (ACA) The Affordable Care Act (ACA) is a health care regulation signed into law on the 23rd of March, 2010. The law’s main focus had been to increase the affordability and quality of American health insurance. Its policies were focused on lowering the rates imposed on the uninsured through the expansion of both the private and public insurance covers. It had also aimed to reduce the health care costs incurred by the government along with citizens. Barely seven days after its enforcement had a new health care law come into effect with amendments to the ACA. On March 30, 2010, the president of the United States signed into law the Healthcare and Education Reconciliation Act of 2010. The law had been enacted...
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...Health Law, Regulations, and Policy Paper Michelle Hobbs HCS/545 June 13, 2016 Qiana Amos Health Law, Regulation, and Policy Paper Today’s health care industry is more than just providing medical services to individuals in need; it encompasses various laws, regulations, and policies that direct how care should be provided and what the ramifications of non-compliance will have on the health care provider and the organizations where services are rendered. There are various kinds of laws, regulations, and policies that affect the health care industry. Some may believe that laws, regulations, and policies all have the same requirements, benefits, and implications, but there are differences between the three and the impact they have on health care. As the ability of the health care industry continues to expand, the need for additional laws, regulations, and policies will be necessary to ensure the quality and equitable delivery of medical services continues to improve alongside the medical services. Title VI of the Civil Rights Act of 1964 One law that governs the manner in which health care services are rendered is Title VI of the Civil Rights Act of 1964. This law states “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (United States Department of Labor, n.d.). For health...
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...Health Law and Regulations Overview This paper discusses the design of regulation agencies and the roles that they play in health care. There will also be a discussion on the current laws that health care face today, and an analysis on how these laws affect the hospital, clinic or insurer. This paper also includes how the population has little access to health care and an understanding of how HIPPA works and the role that it plays in the health care field. Healthcare The purpose of regulations is the constant need to balance the objectives of enhancing the quality, expanding access, and controlling costs in healthcare. Regulation plays a major role in the healthcare industry and healthcare insurance coverage. Through various regulatory bodies, the Department of Health and Human Services (HHS) protects the public from a number of health risks and provides programs for public health and welfare. Together, these regulatory agencies protect and regulate public health at every level ( Fierce Healthcare, 2014, para. 1). When it comes to health care there are many agencies that play a role in the management of the health care industry such as, Centers for Medicare and Medicaid (CMS) which deals with most of the regulations that deal directly to the healthcare system, they also “provides government subsidized medical coverage through a number of programs: Medicare, Medicaid, and State Children’s Health Insurance program (SCHIP)” (Fierce Healthcare, 2014, para. 2). Health...
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...Regulatory Issues in Health Care Fremgen (2009) defines medical laws or actions set by the federal government and the court system that have binding legal force that address legal rights and obligations affecting patients and protecting the individual rights of patients and health care employees. 50 state have statutes for medical practice acts which apply to precisely to the way that medicine is practiced in a particular state. Laws begin as act acts which define the meaning of “practice of medicine” and set the requirements and procedures for licensure. Medical practice acts also establish what can be considered as unprofessional conduct in particular states. Examples of unprofessional conduct include practicing medicine without a license, practicing healthcare or the inability to practice health care while under addiction or mental illness, felony convictions, insufficient record keeping, employing unlicensed persons to practice medicine, and prescribing drugs in excessive amounts. We currently live in a litigious society. Medical providers must balance providing quality and keeping abreast with current health care regulations to protect themselves from health care law suits (Fremgen, 2009). Laws are enforceable rules set by a government authority. An article related to a regulatory issue in health care will be analyzed to reflect how laws affect the regulatory process in health care. The Four Categories of Law Laws fall into different categories which include constitutional...
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...Health Law and Regulations Governmental Regulatory Agencies HCS/545 December 16, 2013 Governmental Regulatory Agencies A regulatory agency is a government body formed or mandated under the term of a legislative act to ensure compliance with the provisions of the act, and in carrying out its purpose. “The role of government regulator agencies in health care is to monitor health care practitioners and facilities, provide information about industry changes, promote safety and ensure a legal compliance and quality services” (2013). Health care industry rules and regulations are determined by regulatory agencies, local, federal and state with mandatory oversight. Accreditation agencies require participation that is voluntary because certification of quality provides important ranking. Large private organization and the government help develop and enforce health care regulations. Role Governmental regulatory agencies in health care are the “Food and Drug Administration (FDA), The Agency for Healthcare Research & Quality (AHRQ), The Centers for Medicare & Medicaid Services (CMS), The Centers for Disease Control and Prevention (CDC), and The...
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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...
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...Health Laws and Regulations Melissa Rodriguez HCS/545 September 7, 2014 Louise Underdahl Introduction Laws and regulation in today’s health care is vast. The health and well-being of our society depends upon these laws and regulations. To try to understand and keep up with all of the laws and regulations would by a full time job. The information available is very vast and the types of laws and regulations can vary depending on what type of health care facility or physicians practice that are being addressed. The government whether it is local federal or state are where these laws and regulation are made and implemented. There are also private sectors and organizations who help to develop regulations. To try and understand what the laws or regulations are about or who or what they might be meant for, there needs to be an understanding of what the agencies are that regulate them. When we look at the federal jurisdiction there are some that once said many people are familiar with such as Center for Medicare and Medicaid, CDC (Centers for Disease Control and Prevention, and the FDA(Food and Drug Administration). The state level agencies would consist of the following, welfare department, insurance, and the health department. The private sector brings organizations in which play important roles when it comes to health care laws and regulations. The following are part of the private sector organizations NCQA (National Committee of Quality Assurance) and JCHAO (Joint...
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...Week Two Wrap Up – The Fabric of Healthcare Law By Mary Nell Cummings In week two we discussed how legislation and other laws affect healthcare delivery. While there is no need to understand any law in detail at this point in the course, it is important to understand the source of law. Also, it is important to understand how law affects your organization, as well as how your organization complies with legal requirements. Finally, your understanding of the sources of law, and the process of regulation will help you to make good decisions as a health care administrator. The Sources of Law Many people believe that all law comes from the Congress or from state legislatures. They believe that law is synonymous with “statute” which is a particular kind of law – drafted, debated, and voted on by a group of legislators. This is of course, not correct. There are many other sources of law. There is the federal constitution, and the constitution of each state. There is law made through regulatory agencies (administrative law) and there is law made by judicial decision (common law). This combination of approaches and interests leads to the rich fabric that is simply described as healthcare law. Common Law Contract Law: Contract law is at the heart of healthcare delivery. Insurance companies enter into contracts with patients, providers, facilities, and governments (state and federal). Doctors and hospitals enter into contracts with one another. Unions and employers enter into contracts with...
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...Health Law and Regulations Crystal Sullivan HCS/545 October 6, 2014 Terry Matherne Health Law and Regulations According to "About Hhs" (2014), the purpose of governmental regulatory agencies in healthcare is “for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves” (para. 1). Governmental regulatory agencies have taken on the problems of both consumers and health care providers in an attempt to find solutions that will meet everyone’s needs. They take their ideas and the ideas of the public, and create rules and regulations for the healthcare industry. Regulation plays a critical part in the healthcare industry. The U.S. HHS (the Department of Health and Human Services) has developed several public health regulations to protect the citizens of the United States. The job of the HHS to determine which laws and regulations will be in the best interest of the public. “Through various regulatory bodies, the Department of Health and Human Services (HHS) protects the public from a number of health risks and provides programs for public health and welfare. Together, these regulatory agencies protect and regulate public health at every level” ("Healthcare Regulation", 2014). The government uses federal regulations to implement public policies. The federal government healthcare agencies are allowed to issue rules during the rulemaking process with the approval of congress. There are several...
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...Health Law, Regulation, and Policy Paper The Affordable Care Act is a law that has had a significant impact on the health care industry. The Affordable Care Act, also known as the ACA, is a health care law implemented in 2010 that gives consumers more control over their health care. The law gives Americans the ability to make knowledgeable decisions about their health. The law is influenced by lack of comprehensive insurance coverage, high insurance costs, and limited choice of health care. The law makes health care more reasonably priced, accessible, and of higher quality for families, the elderly, businesses and tax payers. Also, the law allows previously uninsured Americans to obtain sufficient coverage. The law is important because it improves health care. It improves health care by increasing insurance coverage. Medical coverage is available to adults up until the age of 26 and denial for pre-existing medical conditions is prohibited. The law is also important because it improves health care costs. The law ends lifetime limits on coverage and reviews premium increases. More care options are also available with the law. The law removes insurance company barriers to emergency services, allows patients to choose their health care provider, and covers preventative care without an out-of-pocket cost to the patient. Throughout this paper, there will be discussion on several different topics regarding the impact of the Affordable Care Act on health care organizational policies...
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...Running Head: Professional Regulation and Criminal Liability Regulation of Nursing Practice and Legal Aspects Marie Alexandre University Of Phoenix HCS/430 - LEGAL ISSUES IN HEALTH CARE: REGULATION AND COMPLIANCE Instructor: LENORA SMITH July 4th 2011 Running Head: Professional Regulation and Criminal Liability Abstract The delivery of care within the health care system is a challenge because of the changes that are influencing health professional, patients and health care organization. Nursing practice is governed by many legal concepts. It is important for nurses to know the basic of legal concepts, because nurses will be held accountable for making decision that can be harmful to patient’s health. Nurses most have a clear understanding of the law and how it affects nursing practice. Many of legal issues today require Nurses to use critical thinking abilities to practice safe nursing care, Safe Nursing care means to understand the legal boundaries within with nurses must function. The paper will help described nursing, legal issues nursing are facing today. Professional Nursing should know the legal limit which affects nursing practice. An understanding of the law bond with sound judgment should ensure...
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...: Compliance Laws One of the areas that are currently affecting the Health Care industry is Regulatory agencies. There is much dissatisfaction over the current state of healthcare in the U.S. Within all of our organizations, regulatory agency surveys are conducted to better the organizations as well as its employees. The purpose of the regulatory surveys is to focus on the areas that need improvement as well as promoting better health care access to the people in the community. Regulatory agencies serve as authority as well as enforcement to regulate laws from the government. Some examples of regulatory agencies are Food and Drug Administration (FDA), Agency for Healthcare Research and Quality (AHRQ), and Occupational Safety Health Administration (OSHA). There are many examples of laws and regulations that are currently being faced in health care. Analysis of health care laws and regulations help one understand their influences on the provider. There are many ways that laws and regulations affect our lives and community. The FDA is responsible for the oversight of drugs, medical devices, vaccines, blood products and biologics, establishing rules for testing, clinical trials and approval of new products. The AHRQ is a federal agency under Health & Human Services working to improve the quality, effectiveness and safety of health care. While the agency OSHA establishes and monitors safety regulations regarding all workers including health care workers. OSHA provides...
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...general power to protect the health of its population within its geographic borders as long as the laws do not obstruct the rights of individuals guaranteed by the constitution. The federal government regulates health matters through the powers granted to the federal government in the federal constitution. This allows the federal government to create benefit programs and to indirectly regulate local activities that it would not have the authority to regulate directly. For example, the federal government created the Medicare program to pay for health care for the elderly and disabled, and Medicaid to pay for health care for the poor. Health care institutions that receive federal money in payment for services to Medicare and Medicaid recipients have to abide by federal regulations in order to keep receiving federal funds. According to Pozgar (2012), “a tort law is a civil wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy in the form of an action for damages”. Within the general field of health care there is a good deal of discussion of tort law and health care because tort actions comprise what are more commonly known as medical malpractice or medical negligence actions. A medical malpractice or medical negligence suit can be raised against a physician or health care provider accused of having violated some standard of care that is recognized in the medical industry. A standard of care is simply a minimum threshold...
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