...Assignment 1: Law and Healthcare HSA515 Health Care Policy, Law and Ethics January 22, 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally, this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations of undue risk of harm. Proving this element will largely depend on the facts of the situation. After the plaintiff has proved that a legal duty of care existed, he or she must then prove that this duty was breached. Generally, courts will use the standard of a ‘reasonable person’ when it comes to this question. Specifically, this means that the judge or jury must view the facts of the situation and decide what a reasonable person would have done in a similar situation. If this reasonable person would have acted differently than the defendant, it’s likely that it will be found that the duty was breached. Causation is the most complicated element of negligence. It means that the plaintiff must prove that the defendant either directly or indirectly caused the injuries and damages suffered by the plaintiff because of the breach of the duty of care. This element has confused even the most respected legal minds over time, and its proof should not be taken lightly. Last, a plaintiff in a negligence case...
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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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...| 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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...Health Law Assignment One Due Date: 4 September 2013 Legitimate health care practice in New Zealand (NZ) is without exception multifaceted, complex and challenging for both registered and non-registered health providers. This is in part because, despite common misconceptions, the interpretation and application of both legislation and judge made law is not absolutely objective or even static within our legal system, and because health law incorporates civil and criminal law (among other specialities). The Code of Health and Disability Services Consumers' Rights 1996 (the Code) is legislation central to our legal health practice in terms of complaint resolution and quality control; in addition the Crimes Act 1961 has become more relevant since 2012. This essay sets out to critically analyse a case (10HDC01344), (see appendix one) in which the Code was deemed to have been breached, and in which the Crimes Act 1961 is relevant. This includes a critical analysis of possible wider legal implications, with a specific application to military paramedic practice. The Health and Disability Commissioner Act 1994 (the Act) was born as a result of an enquiry into unethical research practices within the National Woman’s Hospital. Arguably even without this incident such legislation was necessary for progress in the ‘no fault’ environment of the accident compensation scheme of the time (Godbold & McCallin, 2005; Dew & Roorda, 2001). The Act legislated for a change from trust...
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...regulations or statutes on the operation of any type of health care facility or related industry. The Public Health Service (PHS) has a goal of promoting “the protection of the nation’s physical and mental health” (Pozgar, 2012, p. 27). Included in its mission, it aims to uphold health-related agreements, policies, and programs, as well as enforce laws aimed to ensure safety and protection. PHS is comprised of individual agencies, each with their own goals. The Agency for Healthcare Research and Quality is in charge of “producing and disseminating scientific and policy-relevant information about quality, medical effectiveness, and cost of health care” (Pozgar, 2012, p. 27). The Centers for Disease Control and prevention collaborates to ensure that people and communities can protect their health “through health promotion, prevention of disease, injury and disability, and preparedness for new health threats” (“Centers for Disease,” 2010, para. 1). The Food and Drug Administration protects the public health by ensuring its safety, efficacy, and security. Additionally, it also is “responsible for advancing the public health by helping to speed innovations that make medicines more effective, safer, and more affordable and by helping the public get the accurate, science-based information they need to use medicines and foods to maintain and improve their health” (“U.S. Department,” 2012, para. 1). Lastly, the National Institute of Health aims to “seek fundamental knowledge about the nature...
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...Discrimination and health care privacy are two laws and regulations were established to protect the people. The federal government implemented these laws with the goal of removing barriers that are institutional. These laws affect many organizations, especially those involved in the health care industry. This paper will present the role of each laws and how the health care industry currently handled the laws. An analysis of the effect of these laws will be providing as well as cases. Including ways these laws have affected one’s life. According to Maze (2005)”Discrimination continues to exist and negatively have affected the health care system and the professionals.” Discrimination occurs when an individual is treat unequal because of his or her race, religion, sex, and ethnic background, or any factors that involves ones traits. Discrimination is seen through the American Health care system if it involves the presence of injustice based on whether someone were treated unequal or unfair due to their race, religion, sex, or ethnicity. In the United States today, there is still discrimination in the health care system based upon race and income, insurance or no insurance. Discrimination in the United States is part of a long continuum dating back over hundreds of years, even though efforts were made to admit minorities into the health care system these efforts are flawed and there has been no significant improvements in the removal of barriers due to discrimination. Minorities...
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...Health Law and Regulations Federal regulations play a major role in the health care industry. Federal laws and regulations protect the American public from a number of health risks and administer programs for public welfare. Federal regulations also regulate the health insurance industry by implementing cost-containment measures. Through various regulatory bodies, Department of Health and Human Services (HHS) protects and regulates public health at every level. HHS is the United States principal federal agency for protecting the health of Americans and providing essential human services. HHS administers more grant dollars than all other federal agencies combined. Medicare program administered by HHS is nation’s largest health care insurance. HHS governs more than 300 programs administered by its 11 operating divisions (Department of Health & Human Services, 2011). In addition, Office of the Inspector General (OIG) is also part of the HHS. Description of each 300 programs is beyond the scope of this paper. However, it is imperative to understand the role of each operating agency and how it affects the health care industry. Role of Federal Regulatory Agencies Each operating division consists of sub-divisions making health care system a complex maze. Main 11 operating agencies are: Administration for Children and Families (ACF) The ACF provides funding for family assistance, child support, and childcare. The state, county, and city governments provide these services (Department...
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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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...Benefits of the New Health Care Law Changes to the health care system affect everyone, Today you can take advantage of five major benefits of the new health care law, and several other important provisions will go into effect by 2015.To help you better understand the Affordable Care Act, which became law in 2010, by the federal government this essay explains what's changing and when and also describes the details of the five most essential benefits that you can take advantage of today they are: 1. Coverage for Children with Pre-Existing Conditions Previously: Health plans could limit or deny health coverage to children with pre-existing conditions, such as asthma or diabetes. Now: The new healthcare law requires health plans to offer coverage to children regardless of whether their health issue was discovered or treated before getting the policy. "For the moment this only applies to children, but by the year 2014 you will not be able to discriminate against anybody who buys coverage based on a pre-existing condition. 2. Elimination of Annual Limits on Benefits Previously: Health plans could establish a limit on annual or lifetime benefits, which meant that many people with chronic health problems could end up with limited or no benefits. Now: Health plans can no longer put limits on the amount of care someone needs. 3. Young Adults Can Remain In Their Parents Health Plan Previously: Health plans could exclude young adults from their parent's health insurance when the...
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...Health Law and Regulation-Medicaid and Medicare Mathew V Kurian HCS/545 November 5 2012 Pro. Maureen Lancellot Health Law and Regulation-Medicare and Medicaid Medicare and Medicaid, created by the Social Security Amendment Act 1965, added Title XVIII and XIX to the Social Security Act. President Lyndon B Johnson was responsible for bringing about this change. Social Security Program started during the Great Depression of 1930s because of the stock market crash and bank failure, which wiped away the retirement savings of the Americans. Poverty rate among senior citizen exceeded 50% during this time. Social Security Act was created in an attempt to limit the five dangers of modern American Society. The Social Security Act was signed by President Franklin D Roosevelt on August 14, 1935, thus becoming the first president to advocate federal assistance to the elderly. Edwin Witt, the executive director of the president committee on economic security is the father of Social Security. If the total benefit paid by social security in 1940 was $35 million, it was $247.8 billion in 1990, after 50 years. In 2009, about 51 million Americans received $650 billion benefits, under different social security programs like social security disability insurance (SSDI), supplemental security income (SSI), retirement insurance benefits (RIB), temporary assistance for the needy families, ticket to work and self-sufficiency program, unemployment benefit, State children’s health insurance...
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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 Law and Regulations Daniel Sanchez Health Law and Ethics/545 August 19, 2013 Mary Cummings Introduction Over the past several decades America has witnessed overwhelming increases in health care cost and a diminishing quality of care. The involvement of government sets the expectations of enforcing laws and regulations on how health care is delivered in the United States of America. Healthcare legislation has been defining regulatory agencies for centuries. The primary existence of these government-regulated agencies is to ensure that laws and regulations are enforced. Access to quality and affordable healthcare is protected through government regulatory agencies. In addition to the escalating cost of healthcare and increasing society’s debt both positive and negative effects has transpired. The pros and cons of improving care and reducing the cost of healthcare has been the goal of regulatory agencies from the beginning. Controlling healthcare cost and delivering quality care is made possible through health care legislation. The following will discuss governmental regulatory agencies and its effects on the healthcare industry. Government Regulatory Agencies and Their Role Federal regulatory agencies are in place to govern issues that impact the people of the United States. These agencies have been in existence for hundreds of years. Situations that impact the American society are inclusive to things that have a direct personal affect on them individually...
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...Health Law and Regulations Sara Collins HCS/545 August 17, 2015 Nathanial Elam Health Law and Regulations Over the years, health care has emerged into a well-defined complex entity. It’s very unique comparable to the healthcare in other nations. As American healthcare continued to grow and expand, so did the growth of insurance, the involvement of governmental ties, dependency of advancing technology, and the expenditures of what healthcare would bring upon the American people. This brought about the greater need for accountability for services rendered at that healthcare institution (Morrison, 2011). Healthcare regulatory agencies have also had to keep up with the evolving healthcare fields. American College of Surgeons started a standardization of practices in the healthcare fields. This later developed with various other adjoining forces into what we know today as the Joint Commission on the Accreditation of Hospitals. In 1987, this evolved into the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). This accrediting agency had influences among the ambulatory care, assisted living, home health, behavioral, health, laboratories, long term care, and office based surgeries (Morrison, 2011). JCAHO was developed to set a standard of care that held these services accountable for. This helped to have hospitals provide the same level of quality care to the people they served from the community. This in turn provided safe care...
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...There were three paradigms when it came to health care policy and law as it relates to historical terms and social, economic, and political views dominated a particular era; professional autonomy, social contract, and free market perspective. Professional autonomy was in place from 1880 to 1960. This perspective focused on the premise that physicians were experts when it came to medical issues and therefore should have the legal authority to rule over all aspects of an individual's healthcare. Social contract perspective was enacted between 1960 and 1980. This policy did not think giving all the power to the medical professional was a good idea and was potentially dangerous to the patients care. They believed that public policy and law should enforce "social contracts" to take some control from the physician and ensure the patient's well-being. From 1990 to currently the free market perspective has been in place. It states that competition, deregulation, and freedom of choice will lead to consumer empowerment, thus leading to and very efficient health care system. As a chief operating officer of a hospital and being tasked with designing the structure a new ambulatory care center in my city, I would lean toward the free market paradigm. The free market paradigm allows for the collaboration between the private and the public health care sectors. One advantage is it give patients a freedom of choice. They get to choose their level of care from quality to cost. Using this perspective...
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...Change and Culture Case Study Understanding mergers and acquisitions in the health care industry has evolved over the years. Health care has become increasingly complex and expensive. It is becoming a multi-trillion dollar industry worldwide. The topic of this research paper; the impact of mergers and acquisitions have in health care from a variety of viewpoints. The paper will discuss the multiple impacts in an effort to better understand mergers and acquisitions and what it means to the health care organizations culture, services, workers, and the patients they serve. What is Organization Culture? The organizational culture is not spoken of in an organization but felt on an everyday basis. The culture is defined by what is expected of people and what is valued. Culture defines the norms of behavior and how things are done in an organization. For an organization to be successful it must understand the culture which allows the organization to be productive. Culture defines the boundaries of behavior and performance which is the way of getting things done within the organization. Cultures are often developed early on in the organization and over time these experiences become the “rules and regulations” of the organization. Once a merger or acquisition is completed, the rules and regulations become something of the past (Eikenberry, 2006). The rules and regulations could have served one organization well; it will not work so well once a merger has been completed. When two...
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