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Sweeping Reform

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Healthcare providers face substantial legal challenges under new the Affordable Care Act. Sweeping reforms have created a demand for healthcare law specialists. As a result, the specialty currently represents the fastest growing law practice in the United States. The health law field presently exists at the precipice of enormous change. Care providers must manage the legal implications that come with networked electronic health records (EHRs) and payment based on patient outcomes. Problems also arise due to patients travelling solely for specialized treatment and growing pains attributable to newly merged and acquired healthcare organizations. These factors and more contribute to increasing litigation involving fraud, insurance disbursements …show more content…

[2] The law requires care providers to deliver medical services despite patients’ ability to pay. The act outlines specific guidelines for providers that deliver emergency services. If a patient has a medical emergency, such as an injury or active birth, the law obligates caregivers to stabilize the patient and provide treatment up to the point where the patient remains stabilized. If the care provider cannot deliver this service, the law mandates that the provider transfer the patient to a capable facility. The Stark Law The Stark Law bars care providers from referring a patient to a peer or family member on most standard occasions. [3] The laws does provide for specific exceptions. Additionally, the law prohibits Medicare claims for such referrals. The Stark Law covers primary care provider referrals for specific health services and does not require prosecutors to prove intent for overpayments. However, prosecutors must prove intent for intentional violations involving punitive recovery. This law applies to civil cases and exposes violators to False Claims Act culpability. The act covers payment issued by Medicare and …show more content…

The law also exposes offenders to civil repercussions such as False Claims Act culpability and up to $50,000 per offense. Legislators have made limited exceptions to this rule called “voluntary safe harbors.” The Health Information Technology for Economic and Clinical Health (HITECH) Act Legislators created the Health Information Technology for Economic and Clinical Health Act to promote effective technology implementation among care providers. [4] In part, the act addresses privacy and security of electronic health records. The act also reinforces parts of the civil and criminal sections of the Health Insurance Portability and Accountability Act (HIPAA). The act outlines four liability levels, each with increased punitive responses. The minimum penalty increases greatly between each level, with the maximum recourse amounting to one and a half million dollars. Offenders that violate the law unknowingly initially receive the lowest fine and the opportunity to correct the offense in 30-days to avoid fines altogether. The Genetic Information Nondiscrimination Act of

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