...Laws, authority and rules are applied to our every day life. Some written by judges others by lawmakers. Common-law deals with everyday situations as they occur, social changes, inventions, and discoveries make it necessary for judges sometimes to look outside reported decisions for guidance in a case of first impression. Under this law, all citizens including the highest-rankling officials of the government are subject to the same set of laws. Jurisdiction describes any authority over a certain area or certain persons. Jurisdiction sometimes refers to a particular geographic area containing a defined legal authority. Examples of jurisdiction are; the federal government is a jurisdiction unto itself. Its power spans the entire United States. Each state is also a jurisdiction unto itself, with the power to pass its own laws. Also smaller geographic areas are separate jurisdictions to the extent that they have powers that are independent of the federal and state governments. Precedent may appear to be mechanical, a simple means of matching facts and rules; it is a more subjective process. Rules, embodied in precedents, are generalizations that accentuate the importance of certain facts and discount or ignore others. Precedent application relies on reasoning by analogy. These analogies can be neither correct nor incorrect but only more or less persuasive. Reasonable persons may come to different yet defensible conclusions about what rule should prevail. A statute is...
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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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...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
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...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
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...Table of Contents Introduction....................................................................................................................................................3 U.S. Department of Labor's Employment Laws & Regulations....................................................................3 U.S. Equal Employment Opportunity Commission's Employment Laws & Regulations.............................4 Conclusion.....................................................................................................................................................4 References......................................................................................................................................................5 Introduction Pomodoro, Ltd. will need to become familiarized with the employment laws and regulations that are governed by the United States Department of Labor and the United States Equal Employment Opportunity Commission. They are put into place to protect employees as well as employers too, if properly adhered to. This paper will give a summary of each law or regulation. U.S. Department Of Labor's Employment Laws & Regulations I. Consolidated Omnibus Budget Reconciliation Act (COBRA): This law allows employees and their family members to keep their healthcare coverage after leaving or losing their job, getting a cutback of hours, or for the time between jobs. The length of coverage is either 18 or 36 months, depending on the situation...
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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 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 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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...Federal Laws and Regulations Health Services Finance 05/08/2016 Federal Laws and Regulations The False Claim Act is a federal law that makes it a crime for any person or organization to knowingly make a false record or file a false claim regarding any federal health care program, which includes any plan or program that provides health benefits, whether directly, through insurance or otherwise, which is funded directly, in whole or in part, by the United States Government or any state healthcare system. What are five elements pertaining to the establishment of a false claim under the False Claims Act? Under whatever section of the Act, the government or a qui tam plaintiff must prove the following: (1) that the defendant presented or caused to be presented to the United States government a claim for payment or approval, or a document to facilitate the payment of a false claim; (2) that the claim and/or document was false or fraudulent; and (3) that the defendant knew that the claim was false or fraudulent or acted with reckless disregard of the truth or falsity of the claim. If these elements are present, a violation of the FCA occurs even if the government never actually makes any payment or suffers a financial loss. The defendant does not have to act with a specific intent to defraud in order to be liable, as long as the submission was "knowing." HIPAA privacy standards were designed to accomplish what three broad objectives? The HIPPA privacy standards are intended...
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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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...Financial Laws & Regulations By Joanna Ramos Professor: Maribel Lebron DeVry University HSM 340 November 3, 2013 1. What are five elements pertaining to the establishment of a false claim under the False Claims Act? * Qui tam – also known as a “whistleblower” and that exposes misconduct, alleged dishonest or illegal activity occurring in an organization. It can be classified in many ways; for example, a violation of a law, rule, regulation and/or a direct threat to public interest , such as fraud health and safety violations, and corruption * Kick Backs - is a form of negotiated bribery in which a commission is paid to the bribe-taker Self * Self-Referrals – This to avoid the abuse of authorities and for misconstruing fraudulent information. * Anti-Kickback State(AKS)- “states that no person may offer or request, give, or receive remuneration in exchange for a referral for a good or service that may be reimbursed under a federal healthcare program (e.g., Medicare)” (Cleverly & Cameron, pg.92). * Stark Law – “The Stark Law prohibits a physician from referring a patient for certain “designated health services” to an entity with which the physician has a “financial relationship”” ( Cleverly & Cameron, Pg.93). 2.HIPAA privacy standards were designed to accomplish what three broad objectives? Explain each. * Health care insurance portability act and accounting act of 1996- This act gives the right to privacy to individuals from age...
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...Financial Laws and Regulations DeVry University HSM 340 Professor Black Financial Laws and Regulations 1) There are five elements that pertain to the establishment of a false claim under the false claims act. The first element that is identified by Cleverley et al (2011, p.90) is that the false claim act is that the claim, either to receive payment or to not pay the government, must be established as false. The second element that Cleverley et al states is that must be identified is that the claim was submitted knowingly that it was false. The third element that they identify is that the false claim can be submitted even in deliberate ignorance. The fourth element is that the false claim can be submitted with disregard of the claims falseness, or truth in recklessness. Lastly Cleverley et al explain that the person, or persons, that file a fraudulent claim will be liable for $5,500-$10,000 per claim, plus up to three times the damages to the federal program. 2) The three broad objectives that HIPAA privacy standards were designed to accomplish are firstly to force any entity that has private health identifying information available to be forced limit use and to use that information wisely. What this means is that another medical facility, or lawyers office cannot just call/fax requesting information and require for it to be released without a signed consent form. Secondly, set specified standards as to the patients’ rights to keep their information private. An example...
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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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...The False claim act is a law that inflicts liability on an individual or company that takes advantage of governmental programs. With the False Claim Act individuals are able to recover money stolen through fraud (False Claims Overview, 2014). According to the Office of Inspector general in order to qualify for financial incentives a state’s false claim act must: • Establish liability to the state for false fraudulent claims • Contain provisions that are at least as effective in rewarding and facilitating qui tam actions for false or fraudulent claims as described in the FCA • You must contain a requirement for filling an action under seal for 60 days • Finally you must contain a civil penalty that is not less than the amount of the civil penalty (State False Claim Act Reviews, 2014). The Health Insurance Portability and Accountability Act (HIPAA) was designed to protect patient privacy. The three objectives that HIPAA was designed to accomplish are: • Determine the circumstances in which protected patient health information is used and disclosed • Establish individual rights in regards to protected information • Ensure that administrative safeguards are adopted to ensure the privacy of patient information Stark law forbids a physician from making certain referrals for certain designated health service (Physician Self Referral, 2014). Ten specific DHS services are as follows: • Clinical laboratory services • Physical Therapy services • Occupational Therapy services ...
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...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 organizations become one in a merger, the organization culture will need to change. The newly formed organization will need to take steps to change the culture. An organizational change in culture will help the new organization grow and transform. Once the stakeholders realize a change needs to made, they will be more accepting of the change and support the organization’s success and progress....
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