...the substantive and procedural aspects of criminal law. 4. Identify and explain the differences between various sources of law. 5. Describe the branches of government and their roles in creating, administering, and enforcing law. 6. Explain the process of how a bill becomes a law. 7. List and describe quasi-legal requirements to which health-care organizations are subject. KEY CONCEPTS Common law Conflict of laws Constitution Contract law Deeming authority Electronic case filing systems Felonies 2 Law Misdemeanors Ordinances Private law Procedural law Public law Res judicata Separation of powers Stare decisis Statutes Substantive law Tort law Words of authority Workings of the American Legal System INTRODUCTION As health care becomes more complex, the interplay between the law and health care increases. Government regulation of the health-care field continues almost without pause while lawsuits against health-care providers appear to increase. The interplay of these forces significantly affects the health information manager’s ability to manage patient-specific health information. Thus, the health information manager must possess a fundamental understanding of the law. This chapter provides that understanding through a discussion of the differences between public law and private law, the sources of law, the branches of government and their respective roles, and quasi-legal requirements to which healthcare organizations are subject...
Words: 8869 - Pages: 36
...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...
Words: 1606 - Pages: 7
...Unit 11 Task 2 In this essay I will be outlining key legislations and regulations which govern safeguarding adults work. Legislation is a law or set of laws suggested by a government. Regulations are rules that then have to be following that coincide with the regulations that are set. I will also be outlining working strategies and procedures used in health and social care to reduce the risk of abuse. Care Act 2014 Before the care act came into place people had different rights for different types of care. So the care act 2014 made it simpler. It ensures that service user’s personal budget was recognised by law to give more rights and prevent abuse. It helps reduce risk of service users suffer from financial abuse and from discriminatory abuse. They should protect adults at risk of all types of abuse. Equality Act 2010 The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone. The equality act protects you from harassment which is when you are subjected to unwanted behaviour that makes you feel intimidated, humiliated, or degraded, or that creates a hostile environment, because of your age or another protected characteristic. For example, if a nurse repeatedly made jokes about your age, which were offensive...
Words: 2141 - Pages: 9
...THE JAMAICAN CODE OF ADVERTISING PRACTICE CONTENTS FOREWORD SECTION 1 SCOPE DEFINITIONS 6. INCLUSIVE TOURS 7. PROPOERTY ADVERTISING 8. SALES ADVERTISING SECTION 11 GENERAL PRINCIPLES SECTION IV MEDICAL AND RELATED PRODUCTS AND ADVERTISEMENTS CONTAINING HEALTH CLAIMS 1. 2. 3. 1. PREAMBLE 2. INTERPRETATION 3. SCOPE DECENCY HONESTY FEAR, SUPERSTITION, VIOLENCE, ILLEGALITY 4. TRUTHFUL PRESENTATION 4.2 ACCLAIMS 4.3 THE VALUE OF GOODS 4.4 USE OF THE WORD FREE 4.5 ‘UP TO …’ AND ‘FROM …’ CLAIMS 4.6 WHOLESALE 4.7 VISUAL PRESENTATIONS 5. COMPARISONS 6. DENIGRATION 7. EXPLOITATION OF NAME OR GOODWILL 8. IMITATION 9. TESTIMONIALS 10. PROTECTION OF PRIVACY & EXPLOITATION OF THE INDIVIDUAL 11. IDENTIFICATION OF ADVERTISEMENTS 12. SAFETY 13. GUARANTEES 14. MONEY-BACK UNDERTAKINGS SECTION III SPECIFIC CATEGORIES OF ADVERTISEMENT 1. 2. 3. 4. ALCOHOLIC DRINKS CHARTABLE CAUSES CLAIMS OF ‘CHARTERED STATUS EMPLOYMENT AND INSTRUCTIONAL COURSES 5. CONFORMITY WITH THE LAW 4. IMPRESSIONS OF PROFESSIONAL ADVICE OR SUPPORT 5. SAFETY AND PROTECTION OF CHILDREN 6. FOOD SECTION V 1. 2. 3. 4. 5. THE CONTROL SYSTEM PROCEDURE SANCTIONS COMPLAINTS COUNCIL APPENDIX A - CHILDREN AND YOUNG PEOPLE APPENDIX B - ADVERTISING FOR ALCOHOLIC DRINKS APPENDIX C - AUDIO VISUAL ADVERTISING APPENDIX D - STATUTES WITH SPECIAL RELEVANCE TO ADVERTISING AND RELATED TRADING PRACTICES THE JAMAICAN CODE OF ADVERTISING PRACTICE ...
Words: 8431 - Pages: 34
...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 one another. Contract workers...
Words: 3707 - Pages: 15
...AHRQ Health Law and Regulations Shelia Y. Janice HCS/545 Donna Lupinacci RN, MSN January 22, 2013 AHRQ-Health Law and Regulations Today we will have the pleasure of learning about the Agency for Healthcare Research and Quality. This government agency is tasked with improving safety, quality, effectiveness and efficiency in the health care system. We will examine the role of this governmental regulatory agency and the impact it has on the health care industry, current laws and regulations being faced by the AHRQ and the impact these laws and regulations have on providers and hospitals. Once we are done learning, we will all be able to relate situations we see or have seen in our own lives and communities. AHRQ Snapshot Dedicated to improving quality, safety, efficiency, and effectiveness of health care, AHRQ continues to build the knowledge base for what works and what doesn’t work in health care by working with public and private sectors and translates the information into everyday practice and policymaking. (AHRQ, 2013). The impact of AHRQ’s research is essential and very beneficial as people are able to understand the many ways to improve service delivery in the health care arena as well as addressing any other areas of need. Some major areas that have been under research such as information technology, health care utilization and costs, medication safety, disaster preparedness, illness prevention and other special needs in specific...
Words: 1538 - Pages: 7
...Case Law in Health Care Health care all over the world often sometimes face many obstacles, according to (Hammer & Sage) “Lawsuits against hospitals constitute the lion’s share of antitrust litigation. Between 1985 and 1999 hospitals were defendants in 61 percent of 394 medical antitrust disputes that led courts to issue formal opinions (hospitals were plaintiffs in only 6 percent. These numbers understate the burden of hospital antitrust litigation because most filed claims do not result in a published judicial opinion).” Hospital is a business that provides medical service to patients and there will always be competitors that produce social benefits. For example, Medical Malpractice is one of the major area that fail to provide quality health care medical treatment to patients, the victims of medical malpractice seek compensation for their physical or emotional injuries, or both, through a Negligence action. When patients suffered an injury, which he or she should be compensated, the reason for his or her injuries was because the physician’s violation of the standard of care. However, although the physicians is the cause of his or her injuries like according to (Farlex, 2012) “To protect themselves against the massive costs of such claims, physicians purchase malpractice insurance. Physicians' malpractice premiums total billions of dollars each year and add substantially to the cost of health care in the United States. In some specialties, such as obstetrics, 50 percent of...
Words: 868 - Pages: 4
...COMPONENTS AND CHARACTERISTICS OF THE LEGAL PROCESS | | 8 | LEGAL PROTECTIONS IN NURSING PRACTICE | | 9 | | | 10 | NURSING PRACTICE AND THE LAW | | 11 | LEGAL ISSUES IN PRACTICE | | 12 | NURSE–CLIENT RELATIONSHIP | | 13 | LEGAL ROLES OF NURSES | | | SUMMARY | | | CONCLUSION | | | RESEARCH ABSTRACT | | 14 | BIBLIOGRAPHY | | OBJECTIVES * To introduce legal considerations * To define law * To understand sources of law * To list out the types of law * To explain the selected legal aspects of nursing practice * To understand the components and characteristics of the legal process * To explain the regulation of nursing practice * To enumerate standards of nursing care * To describeselected legal aspects of nursing practice * To explainlegal protections in nursing practice * To describe nursing practice and the law * To describe legal issues in practice * To explain nurse–client relationship * To list out the guidelines for safe nursing practice * To formulatelegal roles of nurses * To explain the legal responsibility of nursing students INTRODUCTION Nursing practice is governed by many legal concepts. It is important for nurses to know the basics of legal concepts, because nurses are accountable for their professional judgments and actions. Accountability is an essential concept of professional nursing practice and the law. Knowledge of laws that...
Words: 5480 - Pages: 22
...Public Health Preparedness Mary Anderson Strayer University Health Policy and Law Basics Professor Dorothy Moore December 15, 2013 Abstract Healthcare is one of the top social and economic problems in America today. The United States is considered by most to be the greatest country to ever grace the face of the planet. It has the largest military, the largest economy, freedom of speech and religion, and one of the first successful democracies and of course, the American dream. Yet, what is the one thing that most people seem to forget? That the United States of America, the most dominant force in the world, is also the only westernized industrial nation without a Universal Healthcare system(Capretta, Moffit, 2012). Public Health Preparedness Examine the existing procedures related to at least four of the ten essential public health services. Focus on the principal effects that these procedures will have on your hospital during the emergency. The public health system includes: Public health agencies at state and local levels, Healthcare providers, Public safety agencies, Human service and charity organizations, Economic and philanthropic organizations and Environmental agencies and organizations As the new Vice President of quality and safety; emergency preparedness is achieved by planning, training, equipping, and exercising the emergency response organization. The framework of public health systems monitors the health status in order...
Words: 2239 - Pages: 9
...Human resource health care manager have specific roles. A human resource management’s roles in the health care industry include, staffing and placement, legal research on health care, management of employees, and decision-making (Russell, 2014). Human resource functions include employee relations, employment, records, benefits, compensation, human resource strategic planning, organizational design, performance management, human resource development, organizational development, and employee health program (Wolf, 1989). Staffing and Placement Employment involves services of people through recruitment, selection, placement, and orientation for the operation of the organization. According to Gómez-Mejía (2010), “recruitment is the process of generating a pool of qualified candidates for a particular job.” “Selection is the process of making a “hire” or “no hire” decision regarding each applicant for a job” (p. 161). There are challenges in the hiring process. If poor hiring decisions have been made, additional training may never be reached; inaccurate information may be given to customers, and employee turnover may occur. Below shows a graph (an example), of total number and rate of employee turnover. (https://www.ch2m.com/corporate/sr/_images/_gri/209_UNGC_LA2_Total_Turnover_ACTIVE.png) Legal Research on Health Care According to Wolf (1989), “records are necessary so that employee information may be retained and made available to managers, government agencies, accreditation...
Words: 708 - Pages: 3
...The law in information security is very broad. There are different types of laws in information security. Civil law, criminal law, administrative law, and constitutional law are all part of law in information security. Civil law deals with law associated with individuals and organizations. Criminal laws are laws that effect society and are prosecuted by the state. Cornell University defines administrative law as “Branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large (Cornell, 2010).” Constitutional law deals with how law is interpreted and implemented from the U.S. Constitution. There are five laws that directly deal with information security. These five laws are the Federal Privacy Act of 1974, the Computer Security act of 1987, Health Insurance Portability and Accountability Act (HIPAA) of 1996, the Veterans Affairs Information Security Act, and the Federal Information Security Management Act...
Words: 824 - Pages: 4
...command system. That helps govern their response to any disaster, which could be natural or manmade. The incident command system created to aid in reducing the communication dilemmas with establishing terminology. To assist in creating a hierarchy structure to recognize the person in power, what is required, as well as the individuals anticipated to keep updating society of the crisis. They found helpful with reducing panic, to keep control within the incident. In this paper, it will discuss the response command configuration, appropriate staff or locations, Information staff, Scenario-base instruction, and conclusion. Response framework can help critical situations, like disasters. Command response configuration The portrayal within the incident command system normally has a single incident commander, which they control the plan of action also the ultimate decision-making abilities. The management personnel whom they report to the incident command comprise of a safety officer, which they observe safety situations, creates strategies for assuring the safety every staff member also the public. An officer of public information, they are the source information for everybody that is a crisis victim. The public information officer also serves as a liaison to the media, by them answering on inquiries, addressing rumors aiding, to keep the public alert of what resolution in the matter. “The liaison officer for all supporting agencies assisting in the incident...
Words: 1903 - Pages: 8
...Abstract A regulatory agency related to prevention and monitoring of communicable diseases will be identified. The impact in which this organization protects and serves the health industry and its communities will be revealed. A primary health care organization that is directly responsible for reporting to the disease control agency will be described. The correlation between both the Center of Disease Control (CDC) and ProMedica Health System (PHS) will be presented as to their responsibilities and purpose in providing controlling, monitoring, evaluating, research, and education services while following regulatory health care guidelines will be presented. Introduction Regulatory agencies play an important and vital role in securing the protection, safety and welfare of our nation’s population. People, agriculture, health care industries and its affiliate employees need guidance and resources to protect the nation from dreadful diseases. Efforts to ensure the safety of the nation in the face of all kinds of diseases are developed through regulatory agencies such as the Center for Disease Control (CDC) (cdc.gov.od). Health care organizations that impact the regulatory agencies objectives of evaluating and monitoring conditions within disease control measures are found in associative organizations such as ProMedica Health System (ProMedica) as well as state and local governmental organizations. The CDC introduces the regulations, guideline and services available to our growing...
Words: 2839 - Pages: 12
... It would seem that there are obvious reasons for the incorporation of health informatics to justify apparent flaws in the government programs such as Medicaid, TRICARE and Federal Employees Health Benefits Program are three legislative policies which impede its progress. With most disciplines there exists certain parameters which provide the basic focus for which the disciplines fashion themselves around. In all there are seven elements in the public health sector; http://www.cdc.gov/mmwr/preview/mmwrhtml/su6103a5.htm, and in this scope exist, planning and systems design, data collection, data management and collation analysis, interpretation, dissemination, and finally the application to public health programs. Like most new technologies; robust changes to processes can be delivered, but are met with opposition. Health information technology can defeat a lot of the lethargic processes comprised in healthcare management, but arguably by some as the use of terms such as unintended consequences can slow growth to the field and prospects of health information exchange http://www.amia.org/amia2012/panels. It is believed that while the Electronic Health Record would be composed and stored within secured database systems that there is huge risk which exist; patient privacy, as mandated by the Health Insurance and Portability and Accountability Act (HIPPA). The opposition that some have towards health informatics are that we do not know how to regulate the content and the...
Words: 2167 - Pages: 9
... It would seem that there are obvious reasons for the incorporation of health informatics to justify apparent flaws in the government programs such as Medicaid, TRICARE and Federal Employees Health Benefits Program are three legislative policies which impede its progress. With most disciplines there exists certain parameters which provide the basic focus for which the disciplines fashion themselves around. In all there are seven elements in the public health sector; http://www.cdc.gov/mmwr/preview/mmwrhtml/su6103a5.htm, and in this scope exist, planning and systems design, data collection, data management and collation analysis, interpretation, dissemination, and finally the application to public health programs. Like most new technologies; robust changes to processes can be delivered, but are met with opposition. Health information technology can defeat a lot of the lethargic processes comprised in healthcare management, but arguably by some as the use of terms such as unintended consequences can slow growth to the field and prospects of health information exchange http://www.amia.org/amia2012/panels. It is believed that while the Electronic Health Record would be composed and stored within secured database systems that there is huge risk which exist; patient privacy, as mandated by the Health Insurance and Portability and Accountability Act (HIPPA). The opposition that some have towards health informatics are that we do not know how to regulate the content and the...
Words: 2164 - Pages: 9
