Health Law and Regulations - Term Paper Example

TASK Health Law and Regulations Paper This paper evaluates the role of the government regulatory agencies and their effects onthe health care industry. It provides examples concerning the laws that the health care industry currently encounters. It also avails details concerning the effects of the laws utilized within the health sector to the providers, the hospitals or clinics and insurers. In addition, the paper provides specific examples for the effects that the laws on health care have on the various participants found in the industry. The regulatory agencies that are found within the health care systems usually play a vital role in the monitoring of facilities found in the health care centers along with the conducts of the various practitioners in the field. They also play an important role in the passing of information regarding the changes that are happening within the industry to the different participants (Moseley & Moseley, 2009). The reforms within the health sector have enabled many poor people across the globe to gain accessibility to quality health care that is also affordable. These efforts have in turn enabled many countries across the world to have a healthy work force that has helped them in increasing their productivity and profitability levels in other sectors of their economies (Novick, Morrow & Mays, 2008). Regulatory agencies have become more involved in the monitoring the provision of health care facilities to the members of their communities because many have had limited accessibility to higher quality health services in the past (Roach & Sossin, 2005). This has mainly been attributed to the disparities that exist due to the people’s different ethnic backgrounds, their races along with the incomes they earn. This has led the regulatory agencies into coming up with regulations for controlling the standards that are utilized within the industry. Reports by Moseley & Moseley indicate that the government’s along with other regulatory agencies involvement in the regulation of the practices and standards utilized in the sector has greatly helped in improving patient’s safety in different countries across the globe (2009). In addition, the involvement of the government and various other regulatory agencies in the health sector has helped in ensuring that all their recruited staff is vetted (Novick, Morrow & Mays, 2008). This is mainly performed to ensure that the staff working in different health care facilities they possess the required qualifications along with skills. This activity greatly helps in improving the safety conditions for the patients who are visiting the centers that are providing health care (Moseley & Moseley, 2009). The government’s involvement in the regulation of the provision of services within the health industry has greatly helped in ensuring accountability along with the portability of health insurance (Roach & Sossin, 2005). For instance, in the United States, the government introduced an act in the year 1996 that was meant to ensure the portability of health insurance along with accountability in the industry. The legislation was sponsored by a senator in the country and signed into law by the then president, Bill Clinton in the same year (Novick, Morrow & Mays, 2008). It was mainly meant for protecting employees along with their families when they lost employment or had a change in jobs. The regulations that are enforced by governments and other regulatory agencies around the globe greatly enable the staff handling patient issues in ensuring information on their health conditions remains confidential. The eligibility of various types of patients in accessing various facilities within the health care systems is controlled through the standards along with regulations that the governments along with regulatory bodies have imposed on them. This move has greatly assisted authorities found in many countries across the globe into eliminating the disparities that exist in the provision of the health care services (Roach & Sossin, 2005). The monitoring of the use of funds that are availed to the providers of health care within a country is also effectively carried out by the regulatory agencies and governments through their auditors and enactment of various laws. This ensures that quality services are provided to the patient’s, fraud cases are easily detected and responded to appropriately (Novick, Morrow & Mays, 2008). Finally, governments and other regulatory bodies across the globe have played a vital role in ensuring that the citizens within their countries consume medicine that meets their required standards. They also play a vital role in ensuring that the medicine circulating in the health care facilities is genuine. This is mainly because they tend to lose a lot of income through the counterfeit drugs that are sold by unscrupulous businessmen (Moseley & Moseley, 2009). The law on protecting accessibility to health care that was enacted in the year 2011 was meant for improving the accessibility to quality services in the health care sector. It also aimed at providing superior medical care services through the reduction of the burdens that the system of liability places in the delivery systems utilized within the health care sectors (Novick, Morrow & Mays, 2008). The law provides various provisions which assist in ensuring that patients get the most appropriate health services from the centers charged with providing to them the services of health care. The law additionally has provisions for lawsuits that regard liability claims made within the health care sector. These are claims that concern the availing of medical products that could affect commerce between different states (Roach & Sossin, 2005). The law stipulates that a patient can only sue a health care provider within a year after sustaining injury or after the discovery of the problem. The health care providers who are charged under the law and found to be guilty are required to pay up to the patients a total of $250,000 in damages. The heavy fines imposed on the health facilities that offer low quality services helps in ensuring that all the patients are covered and get the best out of these organizations (Novick, Morrow & Mays, 2008). However, under section 106 of the legislation, damages that are punitive are only awarded in cases where a professional did act with a malicious intention that involved causing injury to a patient. It also awards these damages when the medical expert fails in avoiding circumstances where the patient would most likely suffer (Roach & Sossin, 2005). The law has additionally repealed former legislations on the protection of patients and the affordability of these services. It has however restored the provisions which have relations to their advisory boards on independent payments aimed at reducing the rates of growth per capita on the government’s spending in Health care provision (Novick, Morrow & Mays, 2008). The law has additionally amended the country’s public health services act by suggesting that all personnel working within the health care sector as the employees of their public service on health. This was done in the year 2012 for the main reason of safeguarding the workers against any civil actions that they might encounter due to their provision of services during emergencies along with post-stabilization (Roach & Sossin, 2005). It has restored the use of antitrust legislations to the insurers found within the health sector. They have been enforced through the legislation that ensures fair competition within the sector responsible for providing health insurance. It stipulates that there is no authority that will supersede their antitrust laws regarding the business of providing health insurance (Novick, Morrow & Mays, 2008). It additionally prohibits the use of unfair ways of competing in the health insurance sector without considering whether the motive is business is getting profit or not. Finally, the law on health care accessibility provides that experts within the health care sector will not be liable to any charges brought against them due to harm caused in case he or she is a volunteer countering a disaster. However, the law has exceptions which suggest that an expert is liable to the charges presented against him or her when their acts are criminal, result from negligence, irresponsible behaviors and ignorance of a patient’s rights. According to the legislation, a professional is also liable for any charges for damages brought against his actions which were committed under the influence of alcohol and other drugs (Roach & Sossin, 2005). The legislation on Privacy and security within the health care sector was established in the year 2003. This was done for the purpose of regulating the utilization along with the disclosure of health information that is supposed to be protected. This includes the health information that is held by various participants within the health sector like the health providers, insurers, health plans sponsored by the employers and clearing houses who are involved in various transactions with the patients (Novick, Morrow & Mays, 2008). Through their regulations, the health department has extended the use of the privacy legislation to the independent contractors of the various entities covered. It defines information on public health as any information that may be held by covered entities and which concerns the patient’s health status, availing health care and payments made by individuals in their use of health care services. The legislation stipulates that the party holding this information is required to provide a patient with any information he or she may require within a period of thirty days. Professionals within the health care sector are also required to disclose information under the law in cases that involve the abuse of children to the welfare societies that are state owned (Roach & Sossin, 2005). The disclosure of this information is performed for the purpose of availing treatment, payments or operations that are deemed vital for a patient’s recovery but which he or she has not authorized. Other disclosure of information concerning patients requires that their written approval be obtained. The parties holding it are required to provide minimal information in order to achieve their desired purpose. Finally, the legislation also provides the patients with the rights of having any inaccurate information concerning their health statuses corrected (Novick, Morrow & Mays, 2008). These laws have had several effects on the providers of health care, hospitals or clinics and the insurers in the industry. The laws have been able to maintain high standards along with strong but fair competition within the health care sector. They have also enabled the expansion of the agencies coverage of the population in providing the services of health care and insurance while their costs are maintained at an optimum level (Roach & Sossin, 2005). The laws have additionally helped in controlling and changing the conducts of different partners involved in the provision of services within the health care sector. With the introduction of the reforms in the health sector in my home country, I have been able to enjoy several benefits. I am able to obtain any medical information on my status, the prices charged for the services are cheaper and there is also an ease in accessing these services. Due to the introduction of the above legislations, the cases of malpractices previously witnessed in the health care industry in my country have been decreasing due to the strict standards of conduct that have been imposed (Moseley & Moseley, 2009). The reforms introduced by the legislations in the country have also greatly helped in lowering the costs of the services, expanding choice while improving the quality of the services at the player’s disposal (Novick, Morrow & Mays, 2008). Finally, the legislations have given the people greater control over their health care systems thus widening their choices. This is mainly because there is fairer competition in the insurance industry with malpractices like the fixing of prices, bid rigging along with market allocations used in raising costs being outlawed (Moseley & Moseley, 2009). References Moseley, G. B, III & Moseley, G. B, (2009), Managing Health Care Business Strategy, New York: Jones & Bartlett Learning. Novick, L. F, Morrow, C. B & Mays, G. P, (2008), Public Health Administration: Principles For Population-Based Management, New York: Jones & Bartlett Learning. Roach, K & Sossin, L, (2005), Access To Care, Access To Justice: The Legal Debate Over Private Health Insurance In Canada And America, Toronto: University of Toronto. Read More