Health Law and egulations
In America, the health care industry is highly regulated. This is because there are certain aspects of the law which are designed to improve quality and offer everyone with a variety of treatment options. To fully understand this relationship requires carefully examining a specific government agency, the laws impacting the industry, the effects on a health care provider and how this is affecting communities. Together, these elements will highlight the way they are influencing how health care services are delivered across the country.
Explain the role of one specific governmental regulatory agency that has a significant effect on the health care industry.
One government agency which is responsible for the regulation of health care is the Centers for Medicare and Medicaid Services (CMS). Their responsibility is to ensure quality and the efficient delivery of health care services for older adults, the disabled, children and low income families. At the…...
mlaReferences
A Summary of Fees and Taxes. (2013). Coventry Healthcare. Retrieved from: http://altius.coventryhealthcare.com/web/groups/public/@cvty_regional_chcut/documents/newsletter/c082316.pdf
Better Care. (2013). CMS. Retrieved from: http://www.cms.gov/
Health Care Law / Legislation. (2004). Coventry Healthcare. Retrieved from: http://healthamerica.coventryhealthcare.com/web/groups/public/@cvty_regional_chcpa/documents/webcontent/c041879.pdf
Standardization of the Claims Process. (2009). AMA. Retrieved from: http://www.ama-assn.org/resources/doc/psa/admin-simp-wp.pdf
Health Law and Ethics
In this case, there are a number of ethical issue that are raised therein. The first ethical issue is the fact that the physician tries to convince the mother not to report this particular negligence to the authorities on the strength that it was not child abuse. This is a misconception that it is only child abuse cases that should be reported and not other matters like negligence should be reported even though they led to serious injuries like the bilateral femur fractures that this child suffered. The other issue is that the physician went ahead to treat the child without necessarily calling the day care what could be the likely cause of the injury. This enquiry could have maybe let the day care take extra precaution about the injury and avoid further incidences as such.
The best ethical principle that can be used to address this issue…...
mlaReferences
Ascension Health, (2012). Principle of Distributive Justice. Retrieved January 30, 2012 from http://www.ascensionhealth.org/index.php?option=com_content&view=article&id=80:principle-of-distributive-justice&Itemid=171
Ascension Health, (2012). Principle of Informed Consent . Retrieved January 30, 2012 from http://www.ascensionhealth.org/index.php?option=com_content&view=article&id=84:principle-of-informed-consent&Itemid=171
Demand Media Inc. (2012). Ethical & Cultural Issues in Medical & Surgical Nursing. Retrieved January 30, 2012 from http://www.ehow.com/facts_5864774_ethical-issues-medical-surgical-nursing.html
Food and Drug Administration, a United States federal agency, with regards to its major effects in the health care industry. Two examples of healthcare laws that are enforced by the Food and Drug Administration are also given. This paper will also discuss the effects of these healthcare laws on several specific healthcare providers.
The Food and Drug Administration (FDA)
The FDA is an agency of the United States federal government that is mandated by law to protect public health. Its tasks comprise ensuring that human and veterinary drugs, medical instruments, food supplies, cosmetics, radioactive substances, and biological products in the United States are not only effective, but are also safe for human and animal use. The agency is tasked with enabling advances in public health by providing assistance to speed up innovations that help make pharmaceutical medicines more affordable, safer, and more effective. The agency is responsible for ensuring that the…...
mlaReferences
Gibbs, J. (2012). FDASIA's Impact on Novel IVDs. Genetic Engineering and Biotechnology Rules, 32(17). Retrieved, from http://www.genengnews.com/gen-articles/fdasia-s-impact-on-novel-ivds/4531/
Kramer, D., & Kesselheim, A. (2012). User Fees and Beyond -- The FDA Safety and Innovation Act of 2012. The New England Journal of Medicine, 367, 1277-1279. Retrieved, from http://www.nejm.org/doi/full/10.1056/NEJMp1207800
(2010, December 7). U.S. Department of Justice. Pharmaceutical Manufacturers to Pay $421.2 Million to Settle False Claims Act Cases | OPA | Department of Justice. Retrieved July 4, 2015, from http://www.justice.gov/opa/pr/pharmaceutical-manufacturers-pay-4212-million-settle-false-claims-act-cases
What We Do (n.d.). US Food and Drug Administration Home Page. What We Do. Retrieved July 4, 2015, from http://www.fda.gov/AboutFDA/WhatWeDo/default.htm
1996 passed Health Insurance Portability and Accountability Act has on healthcare organizational policies. This will be done through answering several review questions.
Law and Organizational Health Care Policy
There are several ways that health law can be conceptualized. Health law can be viewed as entailing not just the law on financing and delivery of healthcare but also all other related areas of study that are associated with the link between health and law. Simply put, healthcare law focuses on judicial, executive, and legislative rules and guidelines that regulate the healthcare industry. The said industry includes healthcare facilities, systems, health care practitioners, medical device manufacturers, pharmaceutical companies, private and public insurers. Each of these stakeholders functions within several different and interrelated legislations (WCL.edu, 2016).
Health policies are the strategies, actions, plans or decisions taken to attain specific healthcare goals in a certain population. A well-drafted health policy is the one which: clearly defines…...
mlaReferences
Abood, S. (2007). Influencing Health Care in the Legislative Arena. The Online Journal of Issues in Nursing.
Bianca, A. (2016, January 23). Purpose of Organizational Policies and Procedures in Health Care Settings. Retrieved from Chron: http://smallbusiness.chron.com/purpose-organizational-policies-procedures-health-care-settings-81742.html
Cherry, B., & Trotter Betts, V. (2005). Health policy and politics: Get involved! In B. Cherry, & S. Jacobs (Eds.), Contemporary nursing: Issues, trends & management (pp. 211-233). St. Louis, MO: Elsevier Inc.
healthpolicyjrnl. (2015). About. Retrieved from Health Policy Journal: http://www.healthpolicyjrnl.com/content/aims
Health care Law: Medical Use of Marijuana in Florida - Senate Bill 8A (2017A)
Overview
Using marijuana for medical purposes was allowed under The Medical Use of Marijuana Senate Bill enacted on 23rd June 2017. Marijuana and Marijuana delivery devices are exempted from tax by the bill, if they are sold, handled, used or delivered for medical purposes. The bill outlines the conditions that a patient must meet to qualify to use marijuana or related delivery device. The bill gives the basis for establishing marijuana testing laboratories. It sets up the Coalition for Medical Marijuana Research and Education. The latter is set to be established at the H. Lee Moffit Cancer Center and Research Institute, Inc (Florida Health, 2017).
Patients with recommendation from a physician can obtain medical cannabis from dispensaries that have been licensed by the state; thanks to The Senate Bill 8A (2017A). Medical practitioners are restrained from issuing certification for…...
mlaReferences
Dills, A., Goffard, S., & Miron, J. (2016). Dose of reality: The effect of state marijuana legalizations.Florida Department Health Updated Fiscal Analysis, (2013).Financial Impact Estimating Conference: Use of Marijuana for Certain Medical Conditions Serial Number 13?02. Retrieved from on 19 February 2018Florida Health, (2017). 2017 Legislation. Retrieved from http://www.floridahealth.gov/licensing-and-regulation/newest-legislation/2017-legislation.html on 19 February 2018Mason, D. J., Gardener, D. B., Outlaw, F. H., O\\\\'Grady, E. T. (2016). Policy & Politics in Nursing and Health Care, 7th Edition. ISBN 978-0-323-24144-1, St. louis, Missouri, Elsevier.http://edr.state.fl.us/Content/constitutional-amendments/2014Ballot/UseofMarijuanaforCertainMedicalConditions/NotebookUpdates_11-4-13.pdf
Public health core function that is principally addressed by the author is law. As pointed out by the author, public health law infrastructure that is sound is imperative for the reason that it institutes the powers and duties of government to safeguard injury and disease and promote the health of the population (Gostin, 2008). There are examples of how law is used in public health. To begin with, at a personal and individual level, this core function can educate, generate inducements, deter as well as punish. A good illustration is in the sense that health communication promotions provide education and encourage people to make much healthier choices and decision (Gostin, 2000). Secondly, in public health, law as a core function mandates agents of change behavior to have product designs that are much safer and also the use of property. A good example is in the sense that the government undertakes…...
Diversity of Aging Population -- Innovative Healthcare
Over the past several decades there has been an avalanche of research and scholarly narratives focusing on the aging of millions of Americans -- among them the "baby boomers" that were born between 1946 and 1964 -- including their numbers and their health vis-a-vis the impact on the sometimes struggling healthcare system. But there has been a dearth of research on how American healthcare services will respond -- and is currently responding -- to an increasingly diverse older population when it comes to racial, cultural and ethnic identities. This paper points to the numerous issues and challenges that not only face an increasingly diverse older American population when it comes to healthcare, but also the challenges that the healthcare system itself faces as these Americans move into the twilight of their lives.
hat should be the Vision and Mission of Healthcare Professionals in the U.S.
Goals…...
mlaWorks Cited
Administration on Aging. (2010). A Statistical Profile of Black Older Americans Aged 65+.
Retrieved April 2, 2014, from http://www.aoa.gov .
Bookman, A. (2008). Innovative models of aging in place: Transforming our communities for an aging population. Community, Work & Family, 11(4), 419-438.
Centers for Disease Control and Prevention. (2007). The State of Aging and Health in America
Health Care Practices in Honduras
In order to understand healthcare in Honduras, it is important to understand that Honduras is one of the poorest countries in the Western hemisphere (ennert & Koop, 2009).
"The economic situation is accompanied by a shortage of health professionals throughout the country. There are 57 physicians and 129 nurses per 100,000 people. In the United States, the corresponding ratios are 256 and 937 per 100,000 respectively" (ennert & Koop, 2009). This scenario means that many people in Honduras lack access to formal healthcare and must rely upon home or folk remedies for diagnosis and treatment of disease. The dire economic conditions in Honduras help create an atmosphere of chronic disease and health conditions that promote disease. Some of these problems include: diarrheal diseases, respiratory infections, lack of access to clean drinking water, waste disposal issues, muscle pain, and tuberculosis (ennert & Koop, 2009). In fact, not only…...
mlaReferences
Marson, M., Prohaska, A., Burris, S., Richardson, C. Crigger, N. (2006). Rural Hodurans perceptions about health and healthcare practices. Retrieved September 30, 2012 from Journal of Undergraduate Nursing Scholarship website: http://www.juns.nursing.arizona.edu/articles/Fall%202006/marson.htm
Massachusetts General Hospital. (2012). Honduras: Bits of culture. Retrieved September 30,
2012 from http://www2.massgeneral.org/interpreters/b_hon.asp
Rennert, W., & Koop, E. (2009). Primary health care for remote village communities in Honduras: A model for training and support of community health workers. Family Medicine, 41(9), 646-51.
Health of Indigenous Australian Using Ecological and Holistic Health Paradigm
Patterns of health and illness
Physical Health
Mental Health
Spiritual Health
Social Health
Impact of Broader Environments
Natural
Built
Social
Economic
Political
Critical eflection
Health is a basic component of human life that comprises of multiple facets. The description of health has witnessed dramatic change during past few years, as it has become a holistic phenomenon. Previously, it was considered that a healthy person is the one who does not suffer from any ailment or illness. However in recent times, the physical, psychological and communal aspects of human life have been amalgamated to give a broader perspective to human health which is identical to the concept of indigenous communities (Hjelm, 2010).
Numerous organizations are working extensively for providing adequate health care to the world population since many decades. However, it is appalling to notice that discrimination on social, economic and political grounds has coerced indigenous populations to languish in poor health conditions in regions…...
mlaReferences
Australian Institute of Health and Welfare 2012, Australia's health 2012, AIHW, Australia.
Biddle, N & Yap, M 2010, Demographic and Socioeconomic Outcomes Across the Indigenous Australian Lifecourse: Evidence from the 2006 Census, ANU E. Press, Australia.
Caltabiano, ML & Ricciardelli, L 2012, Applied Topics in Health Psychology, John Wiley & Sons, Great Britain.
Carson, B, Dunbar, T & Chenhall, RD 2007, Social Determinants of Indigenous Health, Allen & Unwin, Singapore.
Health and Legislative Issues
All Americans have the desire of having a healthcare system which is capable of delivering world-class security together with financial security. The system in place should always be accessible and one that impacts the economy positively. Successful healthcare reforms will lead to a maximization of the choices available for consumers put a restrain to the ever increasing medical care costs and make healthcare accessible to more and more Americans. There are a number of organizations that have consistently urged the president and congress on building on the existing systems which strengths in order to achieve health reform solutions that are workable in a bipartisan manner. However, there are some healthcare legislative issues that come up and have effects on various stakeholders such as legislators, consumers and other healthcare professionals. This paper will look at one of the current health legislative issues, who is affected most by the…...
mlaReferences
Mears, B.(2012). Health care's big four issues: What the justices are tackling. Retrieved March 12, 2014 from http://www.cnn.com/2012/06/17/politics/health-care-issues/
ANA.(2010). Nursing Beyond Borders: Access to Health Care for Documented and Undocumented Immigrants Living in the U.S. Retrieved March 12, 2014 from http://www.nursingworld.org/MainMenuCategories/Policy-Advocacy/Positions-and-Resolutions/Issue-Briefs/Access-to-care-for-immigrants.pdf
Goodman, J., (2012). The Impact of the Patient Protection and Affordable Care Act on Job Creators and the Economy. Retrieved March 12, 2014 from http://www.independent.org/issues/article.asp?id=3385
American College of Emergency Physicians, (2013). The Ethics of Health Care Reform: Issues in Emergency - Medicine - An Information Paper. Retrieved March 12, 2014 from http://www.acep.org/Content.aspx?id=80871
Health Care
In the wake on new and very contentious health care reform, many firms have undergone extensive transformations. These transformations have been predicated on both cost control and quality management. In particular quality management has had a profound impact on the underlying business operations of many health care firms. For one, firms are now finding methods in which to enhance the overall patient experience while also mitigating potential loses due to negligent means. The focus on quality management has also made firms more efficient in regards to the overall delivery of service. In particular, my firm has done extensive work with reducing elderly accidents within the facility. This quality management initiative has not only reduced costs associated with accidents, but it also has enhanced the trust and patient experience of all stakeholders within the firm (Kelly, 2011).
Identify the milestone you chose in the history of quality improvement in the first…...
mlaReferences:
1) Draper, Elaine, Joseph LaDou, and Dan J. Tennenhouse. 2011. "Occupational Health Nursing and the Quest for Professional Authority," New Solutions 21, 47 -- 81
2) Kohn, L.T., Corrigan, J.M., & Donaldson, M.S. (Eds). (2000). To err is human: Building a safer health system. Washington, D.C.: National Academy Press.
3) Kelly, D.L. (2011). Applying quality management in healthcare: A systems approach (3rd ed.). Chicago, IL: Health Administration Press
4) Lucia, Patricia R.; Otto, Tammy E.; Palmier, Patrick A. (2009). "Chapter 1
Realistically this compliance and assistance should be sought and used before, during and after negotiations with other health care organizations with which this organization might merge or enter a joint venture. Furthermore, the proposed contract itself should be passed by the FTC's Office of the General Counsel or its designee for approval before final ratification of the contract.
3. Conclusion
In order to merge and operate in a joint venture acceptable to the FTC, the organization must be mindful of Title 15 of the U.S. Code, specifically Section 7 of the Clayton Act, 15 U.S.C. § 18, Sections 1 and 2 of the Sherman Act, 15 U.S.C. § 1, 2, and Section 5 of the Federal Trade Commission Act. In addition, due to the FTC's recent special interest in the mergers/joint ventures of health care organizations, particularly but not solely in connection with price fixing, the organization should assume that the…...
mlaWorks Cited
Cornell University Law School. (n.d.). Legal Information Institute - 15 U.S.C. Section 1. Retrieved on March 19, 2013 from www.law.cornell.edu Web site:
Conclusion
Prejudice and ethical/leadership issues with healthcare are nothing new but the fight to keep those standards and ethics on an even keel and prevent racism, bigotry and predudice of any sort including based on class, money, political ideology, nationalism, and so forth should be stomped out and eviscerated whenever it can be. People are people and should treated with dignity and respect regardless of their race, gender, beliefs and so forth. Even convicted murderers and rapists should not be treated disdain due to their actions because doing otherwise lowers the ethics and standards of the healthcare community that can and should still apply at all times.
eferences
Callahan, M. (2008). Healthcare providers constricted by financial, legislative, and regulatory issues. The Journal of Medical Practice Management: MPM, 24(3),
143-146.
Cobaugh, D., Angner, E., Kiefe, C., ay, M., Lacivita, C., Weissman, N., & ... Allison, J.
(2008). Effect of racial differences on ability to afford prescription medications.
American…...
mlaReferences
Callahan, M. (2008). Healthcare providers constricted by financial, legislative, and regulatory issues. The Journal of Medical Practice Management: MPM, 24(3),
143-146.
Cobaugh, D., Angner, E., Kiefe, C., Ray, M., Lacivita, C., Weissman, N., & ... Allison, J.
(2008). Effect of racial differences on ability to afford prescription medications.
Health Care Reimbursement and Billing
Both Mrs. Zwick and Mr. Davis face significant issues in the presented scenarios. Mrs. Zwick has multiple considerations under Medicare Parts A, B and D, in addition to her hospital-acquired urinary tract infection. Meanwhile, Mr. Davis must address the severe time constraints and costs of COBRA in light of his job termination. These two scenarios underscore current difficulties and complexities of current health care in the United States.
Discussion of Mrs. Zwick's coverage under Medicare Parts A, B and C
Medicare Part A (often called "hospital insurance") (U.S. Department of Health and Human Services, 2011, p. 15) assists in covering inpatient hospitalization and skilled nursing facilities, hospice and home health care (U.S. Department of Health and Human Services, 2011, p. 14). There is usually no monthly premium if you and/or your spouse paid Medicare taxes while employed (U.S. Department of Health and Human Services, 2011, p. 28). However,…...
mlaEthical implications of Mrs. Zwick's incurring costs related to her hospital-acquired condition are applicable despite the rehabilitation facility's exemption from POA/HAC Medicare laws. Having no first-hand knowledge of the cause of the urinary tract infection, no clear indication that I work at the rehabilitation facility and neither the privilege nor the duty of diagnosis, it would be unethical for me to tell Mrs. Zwick about my suspicions. Rather, a nurse is required to maintain his/her professional boundaries (American Nurses Association, 2001, p. 6). Simultaneously, a nurse is supposed to assure "responsible disclosure of errors" to patients and act to stop bad practices and promote best practices (American Nurses Association, 2001, p. 6). Consequently, a nurse in my position faces a dilemma: lack of personal knowledge and authority vs. my concern for the patient's well-being and constant improvement of the profession. In the face of this dilemma, I would: contact the rehabilitation facility's newly-hired nurse and advise/remind him/her of the duty to report to the appropriate supervisor and responsible disclosure to Mrs. Zwick; contact Mrs. Zwick's personal physician and explain the entire situation; direct Mrs. Zwick to discuss her health issues with her personal physician, who can review, diagnose and discuss the ramifications of her medical records, including but not limited to the urinary tract infection (American Nurses Association, 2001, p. 7). The desired outcomes would be: the rehabilitation center's absorption of Mrs. Zwick's costs related to her hospital-acquired infection through pressure exerted by its own nursing staff and Mrs. Zwick's personal physician; Mrs. Zwick's awareness of the true cause of her infection by health care providers who are directly responsible and capable.
Explain how the COBRA will allow Mr. Davis to continue his insurance coverage while he is out of work.
Due to Mr. Davis' termination from an employer of more than 20 employees, he can obtain coverage for himself, his spouse and his dependent children for up to 18 months (U.S. Department of Labor, 2012). In addition, due to his chronic cycle cell anemia, he may be entitled to an additional 11 months' extension for disability (U.S. Department of Labor, 2012). His employer is required to give a qualifying event notice to COBRA; then, COBRA sends a notice of the right to elect to continue coverage and an explanation of the steps that must be taken to continue coverage; Mr. Davis, his spouse and either or both of them in behalf of dependent children may elect for continuation of coverage
Health Care: The Next Twelve Months
Over the next twelve months, there will be many changes to health care in the United States. The largest and most ambitious goal is to provide the majority of Americans with health insurance (Blendon & Benson, 2010). However, there will be a presidential election and a Supreme Court ruling, which means that 2012 could be the year that determines whether the health care law moves forward or whether it is shut down. It could also go forward in part, after having large pieces of it removed, and it could go forward with some fundamental changes. How the elections go will greatly affect the law - unless, of course, the Supreme Court strikes the law down before the elections arrive. It seems like that the Supreme Court will rule on the individual mandate from a constitutional standpoint, and that could lead to some of the new…...
mlaReferences
Blendon R.J., Benson J.M. (2010). Public opinion at the time of the vote on health care reform. New England Journal of Medicine, 362 (16): e55.
Elmendorf, D.W. (2010). Additional information on the effect of the Patient Protection and Affordable Care Act on the Hospital Insurance Trust Fund. Congressional Budget Office.
Peterson, C.L. & Chaikind, H. (2010), Summary of small business health insurance tax credit under PPACA. Congressional Research Service.
Sure! Here are a few essay topics on administrative law:
1. The role of administrative agencies in the modern regulatory state
2. The concept of administrative discretion and its impact on the rule of law
3. The principles of administrative law and their application in practice
4. The delegation of legislative authority to administrative agencies and its implications for democratic governance
5. Judicial review of administrative action and the limits of administrative power
6. The relationship between administrative law and other areas of law, such as constitutional law and criminal law
7. The challenges of administrative law enforcement and compliance in a rapidly changing global environment
8. The....
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