Health Law and Regulations
Crystal Young
HCS 545
October 3, 2011 Louise Underdahl
Health Care Regulation Regulation plays a major role in the healthcare industry and healthcare insurance coverage. Through various regulatory bodies, the Department of Health and Human Services protects the public from a number of health risks while providing programs for public health and welfare. Agencies like the Centers for Medicare and Medicaid (CMS), Health Insurance Portability and Accountability Act (HIPAA), Agency for Healthcare Research and Quality (AHRQ), the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and many others protect and regulate public health
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HIPAA was created with the good intentions of protecting the privacy and constitutional rights of the patient. However, this brings about higher operation expenses for institutions that have to put additional spending into securing information systems meant to protect and offer controllable access to patient information. For example, large healthcare organizations have to employ full-time officials to carry out training and worker communications projects. Failure to comply may result in occasional cases of legal confrontation that may cost the organization some legal expenses (Field, 2007). Regulations on interstate physician licensure and on medical practitioners’ education through the American Medical Association (AMA) affect availability of doctors and other health practitioners for healthcare organizations. For years, the AMA has always lobbied for the control over the number of doctors supplied by training institutions and medical schools, limiting the number of available doctors. As a result, the fees paid to doctors has risen significantly due to the relationship of supply and demand to the disadvantage of the common citizens (Field, 2007). Similarly, AMA is known to have championed the banning of midwives as well as some practices performed by medical practitioners that are not fully qualified doctors (Field, 2007). This eliminated affordable sources of healthcare for people with
In the health care business, there are certain standards and laws that have been put in place to protect our patients and their personal health information. When a health care facility fails to protect their patient’s confidential information, the US Government may get involved and facilities may be forced to pay huge sums of money in fines, and risk damaging their reputation.
The Joint Commission is an agency that maintains partnership with the government to help improve the standards of health care within the United States. The Joint Commission accredits health care organizations and health care programs by setting standards to help improve the quality and safety of health care. The Joint Commission work closely and collaborates with government officials and legislation by ensuring health care organizations in the United
Regulation placed upon the healthcare system only seek to improve safety and security of the patients we care for. The enactment of the Health Insurance Portability and Accountability Act (HIPPA) and the enactment of Meaningful Use Act the United States government has set strict regulations on the security of health information and has allotted for stricter penalties for non-compliance. The advancement of electronic health record (EHR) systems has brought greater fluidity and compliance with healthcare but has also brought greater security risk of protected information. In order to ensure compliance with government standards organizations must adapt
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.
This paper will be discussing on how HIPAA has changed the medical field. HIPAA also known as Health Insurance Portability and Accountability Act, give examples on how it is applied to the clinical setting. This paper will discuss steps medical assistants take when applying HIPAA and how it protects patients and physicians.
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
In most offices, and outpatient services has a team where the physician is unable to monitor the team at all times. For example, in a pharmacy setting there are pharmacists, pharmacy technicians, and clerks at times. The majority of the time the clerks have the most patient contact where the pharmacists are unable to monitor them at all times making sure protected health information is not spread. In the HIPAA rules, covered entities include health plans, health care clearinghouses, and health care professionals who electronically transmit any health information in connection with transactions for which HHS has adopted standards (Tomes, 2007). In writing, the people who are liable for violations are one those providers who bill electronically are covered entities. Directors or officers can commit violations by selling individually identifiable health information to a drug company for marketing purposes, they can also be charged if the director and or officer aided a covered entity’s commission of the HIPAA criminal act, and lastly can be heavily prosecuted if they commit identity theft utilizing patients protected health information (Tomes,
There are numerous rules and regulations that have been a huge impact to healthcare organizations. The one major rule that has affected the healthcare industry in so many ways is The Health Insurance Portability and Accountability Act, also known as HIPAA. This report will examine how HIPAA relates to healthcare organizations by explaining how HIPAA is implemented, Identifying which agency or regulatory body is responsible for overseeing HIPAA and Explain how Healthcare Organizations or Healthcare Industries are impacted by HIPAA.
The Health Insurance Portability and Accountability Act also known as HIPAA was first signed into law on the federal level in 1996. Since it was signed into law it has had a huge effect on patient’s privacy, healthcare workers and even insurance company’s. “HIPAA is intended to improve efficiency throughout health care and requires that health care providers adhere to standardized national privacy and confidentiality protections.” (OMA p .236). It’s an invaluable tool that has created a standard of compliance across the healthcare field.
Most people have a basic understanding about HIPAA and what it entails, but for future healthcare leaders, it is a critical issue. The goals behind the HIPAA privacy rules are very beneficial for keeping individual’s health information private, but it does place a heavy burden on organizations to ensure the information remains protected. Healthcare leaders have always had to adapt to change, but it is becoming increasingly necessary to have leaders that can adapt quicker than ever. Not only do they need to keep up with the technological advances in healthcare, but they also need to become compliant with the new and ever-changing healthcare laws. Numerous modifications have been implemented under HIPAA in the
The Health Insurance and Portability Act of 1996, known by the acronym HIPAA, is a civil rights law that was passed to give patients important rights and protections in regards to their protected health information (Herold, R., and Beaver, K, 2014). This federal law was imposed upon all healthcare organizations and affects hospitals, physician practices, health insurance companies, Medicare, Medicaid, employers, labs, as well as other providers. All patients should now have a right to their PHI -Protected Health Information- under HIPAA which include the right to receive a notice of privacy practices, to copy and view information in their medical record, request amendments to their medical record, receive an accounting of disclosures, request communication about medical matters, restrict the use and disclosure of their medical record, and to file a complaint for
In addition to the FDA, there are numerous other agencies that govern healthcare administration and public/patient safety, which also fall under HHS. Some of these include the Centers for Medicare and Medicaid Services (CMS), the Substance Abuse and Mental Health Services Administration (SAMHSA), and the Centers for Disease Control and Prevention (CDC). Specifically, these agencies oversee and regulate a variety of healthcare providers and initiatives. Examples include hospital, post-acute, and long term care facilities’ operations and reimbursement, healthcare reform rollout, research and dissemination of best practices for mental illness and substance abuse treatment, and overall evaluation and improvement efforts for public health, services delivery and organization.
Leadership in innovation in healthcare is no different, as its initiative is to progress while maintaining strict confidentiality and maintaining an overall safe and trustworthy establishment. Healthcare laws are issued to help safeguard patient information creating a moral medical healthcare environment. Healthcare laws secure patient information and medical history and it has helped against fraudulent practices such as identity theft. Knowledge and practice of such laws strengthen leadership. For example, HIPAA (The Health Insurance Portability and Accountability Act) privacy rule was created as a way to secure patient identifiable healthcare information and limiting its disclosures for legitimate purpose use only. To explain, the HIPAA Privacy Rule is an arrangement of selected models to secure the protection of patients' health records as these guidelines give patients access to their health record and control over how their own health record are utilized and disclosed (2015). In any event, the Privacy Rule addresses a guideline for understanding situations where disclosure can be given without patient consent. For example, court proceedings, insurance billing, and
I represent Oakland Hospital, which is a health system with 3 locations. It is considering a plan to implement a new electronic health record system, which it believes will better serve its patients. It wants to make patient medical records available to all doctors affiliated with the hospital. That means doctors that are employees of the hospital, independent practice associations and doctors working as independent contracts. It wants those doctors to be able to access the medical records off site at their medical practice. It will increase patient care because doctors will able to access all medical records for their patients, regardless of which doctor they see in the network. That means if a patient is seen in the ER or by a cardiologist, the doctor will be able to gain access to the notes of other doctors. Also, doctors with new patients will be able to search the records if they want to see patient histories prior to the first appointment with the patient. Your supervising attorney wants you to review HIPAA, case law, and any other sources to make sure this scheme complies and also outline for the client what needs to be done to mitigate any penalties under HIPAA.
In the administration of medical services in the United States law and regulation now control much of professional life. (p. 586)