...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: 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 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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...legislative and judiciary system. The judiciary system decides what policy is legal and illegal, and can require the executive or legislative branch to fix it, in some cases the judiciary can impose a remedy. The legislature system shapes public policy by passing laws, and approving budgets. The Maryland Department of Human Resources is the state's social services provider. The Maryland Department of Human Resources consists of the following programs: Foster Care/Adoption, Child Protective Services, Food Assistance, Energy Assistance, Child Support, Medical Assistance, Health Assistance, and Purchase of Care. (The Maryland Department of Human Resources, 2010) Each Program under the Maryland Department of Human Resources has policies, procedures, rules, and regulations to follow that has been developed through legislation, state and federal guidelines, house of representative and senate bills, and other legal mandates that set the programs’ functions. There are two Maryland laws (Health General Article 4-306, and the Family Law Article 5-711) pertaining to the disclosure of medical records, including mental health records to local departments of social services. (Health General Article, 4-306 went in effect July 1, 1991. The Family Law Article 5-711 went in effect July 1, 1987). Health General Article 4-306. (The Maryland Department of Human Resources, 2010) Mandates that health care providers disclose information from medical records, concerning...
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...everyday life for many individuals. When social networking interferes with the health care industry, multiple problems may arise. Violating personal health information may occur with the slip of a key. Medical advice may be given with consequences. Social networks can be helpful, but may also be damaging. Having a policy within a facility will assist in reducing the risk of a privacy violation. A social network site is an online community for individuals to meet and share information along with discussing common interests. The issue arises from a health care professional violating patient privacy and other HIPAA laws within the social networking sites. Leaking patient information through these sites can be damaging to the patient and the physician at the same time. Social media sites tend to be relaxed and not always handled in a professional manor. This can lead to personal health information leaking through the sites. Although the leaks may not be intentional, they are still a violation of privacy laws protecting the patient. As a society, personal information that could possibly be damaging to a person is both personal and potential gossip. Not all leaks of personal health information are gossip, and damaging, but it could be for any person. The damage will reflect the person being spoken about and the medical facility that has treated the patient. When a simple slip of a health care facility staff member, such as a nurse, slips and mentions something regarding...
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...Unit 3 – P2 Outline how legislation, policies and procedures relating to health, safety and security influence health and social care settings. A legislation is a law or a set of laws which have been produced by governing body and made official by parliament to: regulate; authorise; sanction; grant; declare and restrict. Policies are clear, simple statements of how an organisation intends to conduct its services, actions or business. They provide a set of guiding principles to assist with decision making. Procedures describe how each policy will be put into action within the organisation. They outline who will do what, what steps need to be taken and which forms or documents to use. There is a number of policies that have been put in place to promote the safety of individuals within different health and social care settings. Food Safety Act 1990 (Amended in 2013) The Food Safety Act 1990 sets out the requirements of the food producer and the food handler regarding food safety. The guideline is for all types of food businesses in England, Scotland and Wales. The main responsibilities within the act are: ensuring you do not include anything in food, remove anything from food or treat food in any kind of way which could damage health to the people that are consuming it; to ensure the food served or sold is of the nature, substance and quality which consumers would expect and to ensure the food is correctly labelled, advertised and presented in a form that is not false...
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...In this assignment I am going to explain the legal requirements and regulations for ensuring the health, safety and security of those employed in business. The business I have chosen is Lambeth Academy. Management of Health and Safety at Work Regulations 1999 This act ensures that all people have a legal right to be protected from work related risks. The management of health and safety work is under the senior management within Lambeth Academy. The senior management are the people that implement all of the Health and Safety policies and procedures that are in place and ensure that it is being followed. The senior management is responsible to make sure that they have all of the suitable Health and Safety equipment’s available to use within the Academy. This must be checked frequently and replaced if necessary. This would include: fire extinguishers, fire exit signs, fire alarms, a sprinkler system, the management need to make sure that they have trained their staff to a high standard so that they understand about health and safety and if needed provide any extra training when needed. Health and Safety at Work Act 1974 This act sates that if businesses employ a lot of people, the employer has to provide a health and safety policy. The purpose of the law are to protect all employees in the work environment and to ensure all chemicals and substance are stored away and used safely. In addition the policy has to remain up to date. For Lambeth Academy because they require a lot...
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...containing sensitive material that results in the potential compromise of the confidentiality, integrity, or availability. “An information security program begins with policy, standards, and practices, which are the foundation for the information security architecture and blueprint. In order for an organization’s information security program to succeed. It will need to “operate in conjunction with the organization’s established security policy.” (Whitman & Mattord, 2012) This case study will discuss the legal environment for an organization, which includes policies, regulations, and laws. Also, it will illustrate how these factors impact an organization to ensure the confidentiality, integrity, and availability of information and information systems. Foremost, in any organization, confidentiality, integrity, and availability (CIA triad) is the model which is supposed to guide information security policies that are established. Policies play an important role in any organization. They “direct how issues should be addressed and technologies should be used.” (Whitman & Mattord, 2012) As Information security practitioners, we use government and organizational policies as our stepping stones or foundational material to establish a rock solid information security program. In information security, government policies are issued by federal, state, local,...
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...Whilst completing this assignment I am hoping to learn about ten different pieces of legislation in detail and also be able to link all ten to different health and social care settings. I am also hoping to successfully identify the policies that accompany the individual pieces of legislation and then further explain how these pieces of legislation and policies allow individuals to feel safe and secure within a setting and help to protect the health, safety and security of service users and employees within the settings. I am hoping the further my knowledge of how legislation, policies and procedures are used within health and social care. Describe how health and safety legislation, policies and procedures promote the safety of individuals in a health or social care setting. Health and Safety at Work Act (HASAWA) 1974 The Health and Safety at Work act is a primary piece of legislation that provides the legal structure to promote high standards of care in health and social care settings. The aim of the Health and Safety at Work act is to protect employees, service users and the public from potentially hazardous activities, objects and surroundings. The Health and Safety at Work Act states that employers are to provide a safe environment, personal protective equipment and training for employees regarding health and safety in order to provide the best quality of care and the highest level of safety. Employers must provide the suitable training, instruction and...
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...Tate HCS/341 Human Resources in Health Care 2/11/13 Gina Drake The safety, legal, and regulatory is the most important law an organization because the department involves employing, developing, utilizing, managing and understanding the staff in an organization. Legal concerns can play an important role in staffing, particularly in selection (Gomez-Mejia, Balkin, and Cardy, 2010). Many legal restraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission affects the human resource process. Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations that have a wide range safety programs have resulted in a decrease of accidents, reduced workers’ compensation claims and lawsuits and less accident-related expenditures (Gomez-Mejia, Balkin, and Cardy, 2010). Many experts and managers in the human resource department have executed strategies to act in accordance with federal regulations to efficiently supervise employee health and safety in the workplace. An organization has the responsibility as authorized by all levels of government to offer all employees the assurance of a working environment free from health hazards. According to Gomez-Mejia, Balkin, and Cardy (2010), the two most basic workplace regulations that affect employees are workers’ compensation laws at the state level and the Occupational Safety and Health Act of 1970 (OSHA) at the federal...
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...| Health Law Essay | Health Law A Regulated Enterprise | Introduction to Health Law and PolicyProfessor Voss | By Kimberly Causey | 1/11/2015 | Health Law A Regulated Enterprise The great Statesman Sir Winston Churchhill clearly stated, “If you have ten thousand regulations you destroy all respect for the Law”. When Law Regulators at all tiers interpret various components of the law, the interpretation can convey an unruly mixture of complexities. Likewise, Health Law can be encountered in various aspects on both the State and Federal levels. Thus creating a mixture of regulations by all levels of government. For example, the obvious is the overlapping of police power between the state laws and the preemptive decisions made by which the federal law prevails. Overall, applicable laws have continuously exemplified complexity, specifically in Health Law. Yet, Regulators continue to redefine the laws that are created both on State and Federal levels. For this purpose, I will identify present a mixture of fundamental differences that are encountered at any tier level. Regulations can frequently change in producing guidance about compliance of expected outcomes. What is reasonable and practical at times can produce countless interactions and inconsistency among regulators. For instance, Hall and Showalter both mention their concerns for quality, autonomy, access and cost which will be discussed. Hall presents a great article on “What is Health Law?” He further...
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...Role and Functions of Law Mandy Reitz BA 316 Law is a vital part of our society and culture. The structure of every civilized society is developed and maintained through law. There are several roles that law participates in regarding society and business. I am currently in the Army and law is very influential to all military operations. Military personnel are subject to federal law and military regulations. Rules and regulations are the foundations for the military profession. The case of Cipollone v. Liggett is a fascinating doctrine that illuminates how state and federal law relates to our society. This essay will provide insight to the role and functions of law in our society. Functions of Law in Business and Society Law is crucial to daily operations in people’s personal and professional life. The function of law is to develop structure, assign precise amounts of power to different branches of government, and provide protection to citizens. (Melvin, 2011) Ethical standards are the basis to developing a strong structure to use as a baseline when creating laws. Society dictates the need for certain laws. A highly ethical and adapting foundation must be in place to build a civilized society. Law is responsible for issuing power to the branches of government. It is vital to a democracy to ensure that there are checks and balances. Power needs to be split between all branches to protect citizens from a dictatorship. A proper balance of power helps to develop...
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...Equality, Diversity and Rights Promotion of Anti-discriminatory practice. The promotion of ant- discriminatory practice within health and social care believe that everyone have a duty and responsibility to counter discrimination. They believe in people’s right to respect in relation to their age, disability, ethnicity, gender, health, religious beliefs and sexuality. (http://www.rbkc.gov.uk/healthandsocialcare/fostering/anti-discriminatorypractice.aspx , 2015) There are three main national initiatives which cover anti discriminatory practices they are; conventions, legislations and regulations. Each of these initiatives stem from a set of legislations, regulations and a code of conduct and each of them are very important to society as they ensure that each individual is treated equally. (https://prezi.com/3e79exus9rkj/copy-of-national-initiatives-and-anti-discriminatory-practice/ , 2014) The national initiatives that are in place have influenced individuals in the health care profession to decrease the amount of discrimination that takes place, so as a member of staff that works in the health care profession you must follow the policies and procedures that have been set to ensure a standard of care is met for each individual. Legislations A legislation is a law which has been created by a governing body in order to regulate or declare a term of events. (http://www.londoneventstoolkit.co.uk/legislation/what-is-legislation/ , no date) In the UK parliament is responsible...
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...Health Services October 7, 2012 Week 5 Assignment Professor Oestmann Em-sheree Patterson HIPPA HIPAA The Health Insurance Portability and Accountability Act of 1996 (HIPAA) established new standards for the confidentiality, security, and transmissibility of health care information. There are three types of standards created by HIPAA: privacy, security and administrative simplification (e.g., transaction standards). Taken together, these regulations have a major impact on the day-to-day functioning of the nation's hospitals and affect virtually every department of every entity that provides or pays for health care. Researching the different topics available, I have chosen the HIPPA issue. I have chose this because it plays a major part in the health care industry. Nearly every time you hear healthcare the phrase/word HIPPA follows not long after. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) established new standards for the confidentiality, security, and transmissibility of health care information. HIPPA is in place to retain the privacy within the healthcare policies. HIPPA provides the ability to transfer and continue health insurance coverage for millions of American workers and their families when they change or lose their jobs, reduces health care fraud and abuse, and mandates industry-wide standards for health care information on electronic billing and other processes. Working in the healthcare industry allowed me to see that without the...
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...ROLE OF LAW IN THE U.S. HEALTHCARE SYSTEM USING THE LAW TO PROMOTE OUR POLICY GOALS AND ETHICAL PRINCIPLES The study of law is more than simply memorizing a list of activities that are illegal, such as Medicare fraud or price-fixing. It is more than memorizing the penalties for particular violations, such as the number of years in prison one can receive for a class B felony or the fine for driving 50 miles per hour in a 35 mile per hour zone. It is more than trying to remember the names of court cases or the citations to statutes and regulations. Instead, law is a policy discipline and a social science. Moreover, the law is not cast in stone, but is subject to change. For hundreds or perhaps thousands of years, people have reconsidered and changed the rules that govern their activities. In a democratic society, we have the power to make further changes in the laws by which we live. Therefore, as students and scholars of law, we not only study the current state of the law, but also what we think the law should be. In particular, we consider how we can use the law to accomplish our goals of public policy. We begin this type of analysis by identifying a practical problem. For example, we may want to focus on discrimination, violence, environmental pollution, or inadequate access to healthcare services. Then, we try to figure out how to use the law and the legal system to solve that particular problem by creating a new law or by changing an existing law. “There...
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