Legal Aspects of U.S. Health Care System Administration
Martha L. Johnson
Strayer University
Professor: Anna Marie Miller
Abstract
This paper explores the importance of professionalism, ethical standards, professional conduct, and the importance of each in the health care system. These roles can have a positive or negative effect, or become determining factors for patients or individuals when choosing a health care facility. As the top administration of Well Care Hospital, it is my duty and role to ensure all staff members are conducting themselves in a professional and ethical manner, and following policy and procedures regarding patient’s and their medical information. The ramification or consequences I will implement if employees or staff members violate our professional code of conduct policy or security policy to prevent another security breach in the near future.
My position as top administrator at Well Care Hospital is to provide a safe and working environment for patients and staff. My duty or responsibility is to ensure that all staff members are following our professional code of conduct policy, and displaying professionalism at all times, when dealing with patients and other staff members. If staff members are not following procedures or policy this could lead to HIPPA violations, negligence lawsuits, or security breaches where patient’s information have been disclosed to the public. In the last few months we have encountered a
Professionalism is an adherence to a set of values comprising both a formally agreed-upon code of conduct and the informal expectations of colleagues, clients and society. The key values include acting in a patient's interest, responsiveness to the health needs of society, maintaining the highest standards of excellence in the practice of medicine and in the generation and dissemination of knowledge. In addition to medical knowledge and skills, medical professionals should present psychosocial and humanistic qualities such as caring, empathy, humility and compassion, as well as social responsibility and sensitivity to people's culture and beliefs. All these qualities are expected of members of highly trained professions.
The U.S. health care system faces challenges that indicate that the people urgently need to be reform. Attention has rightly focused on the approximately 46 million Americans who are uninsured, and on the many insured Americans who face rapid increases in premiums and out-of-pocket costs. As Congress and the Obama administration consider ways to invest new funds to reduce the number of Americans without insurance coverage, we must simultaneously address shortfalls in the quality and efficiency of care that lead to higher costs and to poor health outcomes. To do otherwise casts doubt on the feasibility and sustainability of coverage expansions and also ensures that our current health care system will continue to have large gaps even for those with access to insurance coverage.
A philosophy of an organization helps differentiate themselves from their competitors and set a foundation for future success. It also helps shape an organization by presenting the goals they want to accomplish with specific activities. To improve this, many organizations understand the important of sharing values and goals and realize employee recognition. This helps staff from moving forward toward success of the organizations. Chapter 4 introduces “Codes of Ethics in Health Services.” Code of ethics is a guideline for healthcare professionals to accomplish and serve as a member of a society. Similar to other professions, managers have their own code of ethics in maintaining their duties and responsibilities. They also use the codes for ethical decision-making in dealing with ethical issues. Chapter 5 deals with “Organizational Responses to Ethical Issues.” It provides assistance for managers and organizations in their decision making. It is manager’s duty to figure out the problem and resolve it (Darr, 2011,
The first characteristic of the US health care system is that there is no central governing agency which allows for little integration and coordination. While the government has a great influence on the health care system, the system is mostly controlled through private hands. The system is financed publically and privately creating a variety of payments and delivery unlike centrally controlled healthcare systems in other developed countries. The US system is more complex and less manageable than centrally controlled health care systems, which makes it more expensive. The second characteristic of the US health care system is that it is technology driven and focuses on acute care. With more usage of high technology,
This is a requirement that a person acts towards others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use. If a person 's actions do not meet this standard of care, then their actions may be considered negligent, and any damages resulting may be claimed in a lawsuit for negligence. Professional workers owe a specific duty of care to all vulnerable people with whom they work. The standard of conduct and behaviour expected of people in their professional role is higher than for other people because of the professional training they have received and the level of responsibility they assume.
Ethical and legal concepts, including specific federal regulations, required of healthcare organizations to ensure the delivery of high quality healthcare that protects patient safety
Prevailing astuteness supports the fact that working in U.S. health care field in the 21st Century call for familiarity of the countless facets of health laws as they relate to dealing with medical professionals. Further, because U.S. health care administrators have to hypothetically work together with many levels of specialists beyond the medical profession, it is judicious that they are aware of any federal, state, and local laws that may be appropriate to their organizations. Consequently, their manner is also subject to the letter of the law. They must assess the value of their professional collaborations and be watchful of the insinuations and consequences of their choices. As the top health administrator at the proposed Well Care Hospital in Happy Town. Upon being hired, there was a pre-employment screening that involved a background check that was administered to check and see if there were any violations of hospital medical misconduct during the last five years. With the hospital in the last six months being under scrutiny for breach of medical compliance there was some training that had to take place including training in personnel conduct, as well as in inter-employee conduct with medical staff, nurses, and technologists.
Health care systems are organizations that are formed to meet the overall health needs of the population. Health care is regarded as one of the leading cause in promoting not only physical and mental health but the well-being of the population. Legislation is implemented requiring government to offer services to all members of its society. The role of health services and the organizations that provide aid is to focus on the health of an individual and to uphold their human rights. According to WHO (2013), a “well-functioning health care system requires a robust financing mechanism, a well-trained and adequately-paid workforce, reliable information on which to base decisions and policies, and well maintained facilities and logistics to deliver quality medicines and technologies (World Health Organization; 2013).
As an effective and ethical leader, it is of most importance that they create and foster an ethically principled environment. In this scenario, the importance of patient confidentiality would be identified and addressed with all staff members of the health team. Ethical behaviors would be discussed with each team member in order to ensure that the healthcare needs of the patient are met as well as their privacy protected. A new process would be implemented so that patients would be identified by assigned numbers instead of identified by name. Also it would be enforced that no patient be treated in an open area unless some
Medical ethics and legal issues have been a key topic in medical field for many years now. It is important for medical professionals to understand the importance of the way we care for patients, it is therefore important to be knowledgeable and aware of the medical ethics and legal issues that govern good patient care. Health care professionals must make decisions based on ethical and legal issues to performance their regular duties. However, Medical ethics is not only about avoiding harm to patients. It is rather a norms, values and principles (Ethical theories 2015). Therefore norms, values and principles are intended to govern medical ethical conduct. Ethics is defined as “a standard of behaviour and a concept of right and wrong beyond what the legal consideration is in any given situation”. In another words medical ethics is a discipline that used to handle moral problems coming out the care of patients. Law is another important discipline that often comes together with medical ethics. Law defined as a “rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority”. Government imply law to keep the society running smoothly and to control behaviour that could threaten public safety. Medical professionals have to often prioritise these terms before making any clinical decision. The following findings will constructively emphasise on medical ethics, its
Also, shanana’s phone was switched off causing unnecessary panic for others. (Code of practice) In conclusion, the ethical issues in the health and social care sector have a growing concern for the professionals. Ethical standards are becoming an issue with various problems springing up as regards ethical codes and conduct in the working environment of the professionals hence the need for improvement .an organisation can improve its standards by empowering the employees to produce better results.
The Code of Ethics furnishes a definitive model of conduct. The standard of conduct is entrenched in associations, affiliations, confidentiality, and commitment with health care professionals. The Code of Ethics for healthcare quality professionals is dedicated to routine enhancement and preserving integrity by identifying individual accountability and ethical obligation to patients, medical providers, employees, health care organizations, and the community (Oddo, 2011). Ethics are not voluntary in the health care field. They are a vital and central part of medicine. Ethical codes form and assemble moral atmosphere and allotting the ethical accountability and
Well Care Hospital professional’s duty is to be committed to the care of all patients and make improvements within the life of the patient. According to the National Ethics Committee of the Veterans Health Administration (2003), “Professionals are required to make a fiduciary commitment to place their clients’ interests ahead of their own. Patients should be able to trust that their interests and welfare will be place above those of the health care profession” (p.2)
Other concerns are conversations within the hospital cafeterias/lobbies about patients and their families, and employees sharing information throughout the hallways without a “need to know.” Once employees discover their colleagues looking at patient information without a “need to know basis,” and, other wrong doings according to the agency’s standards, their own sense of what is right and wrong instantly comes into question. Reporting the unethical behavior, the employee who had discovered the violations of patient rights is presented with a number of difficult choices. The legal basis for imposing liability for a breach of confidentiality is more extensive than ethical guidelines, which dictate the morally right thing to do.
Ethical Codes are in use today by many organizations to clearly establish their values and provide a procedure if a code violation occurs. Medical ethics began as a professional code for physicians and has now expanded and includes a variety of health care professions and health care organizations. The growth of medical knowledge and technology have grown so have the concerns that ethical standards and issues facing our society today may be compromised or not appropriately addressed (Littleton et al., 2010).