Health Law and Regulations - Essay Example

? Health Law and Regulations Introduction Law is a set of rules governing the conduct associated with recognition and observation of individual and property rights. The practice of nursing, just like many others, has governed the laws of which any individual in the framework ought to have knowledge of to limit their actions and decision to be within them in order to void liabilities. These laws and regulations provide frameworks within which practitioners in this field must observe that the care of clients remains legal, the client’s rights remain protected, and generally assist in maintenance of standard nursing practices by making the nurses accountable as per the law’s commands. In general, these policies aim at observing quality, enabling access, controlling competition and costs and improve the healthcare industry. Regulations of healthcare physicians and practitioners Healthcare physicians go down in history as the entities in health care that first began experiencing regulations. The first form of regulation is licensing that under America’s federalism is an assignment to the states. No healthcare professional can practice in the United States without having a license. For one to acquire a license they must be graduates from accredited medical schools and in addition, the state administers an examination to gauge the capability of the aspiring practitioner. The most stringent of these regulations lie in the American Medical Association that requires the professional to complete four years in medical training, an extra year in basic sciences training and a final year in medical internship. In addition to licensing and qualification, these practitioners should not discriminate against anyone based on religion, origin, or color and the regulating bodies have the power to discipline or suspended violators of these laws and regulations (Field, 2007). Regulations of hospitals and healthcare organizations Healthcare organizations acquire licenses from the state governments of where they operate, licenses that require renewing after several years. Of their requirements are to maintain formal staff, accommodate interns, and comply with set standards of auditing and accountability to facilities and equipment in order to acquire accreditation if they qualify, with the oversight manned by the Joint Commission on Accreditation of Healthcare Organizations (Field, 2007). Regulations of health care finances Today, state or federal governments cater for the insurance demands of half of the total insured American population amongst them the aged, disabled and civil servants. The rest remains under the covers of private insurance, health financiers experiencing extreme regulation. The regulating body incorporate private insurers into government mandates, and in addition regulate coverage terms, prices, and the rates they offer. In some instances, the governments give grants to private NGO’s that depict ability to provide financial services in creditable manners. In all the states, the government runs its own healthcare organizations that offer services to enable patients, and every staff in these hospitals must be from that very state (Field, 2007). Regulations of pharmaceutical acts The federal agency, the Food and Drug Administration, implement regulations on drugs, food, and cosmetics to prevent against recurrence of the 1938 poisoning that claimed 100 children’s lives and the 1962 drug tragedy that resulted in women giving birth to babies with deformities. Regulation ensures that unsafe or products not approved by the FDA do not get to the consumers and in the case of law, the bodies oversee to it that victims of pharmaceutical blunders get recourse from the courts and the liable manufacturers compensates them. For instance, it is a requirement to have all drugs labeled as per their uses and prescription (Field, 2007). Medical liabilities A liability system ensures all medical entities are answerable for harmful consequences on patients that result of ignorance, intentional, or negligent professional conduct. Owing to the high penalties charged on such, the government requires of the professionals to have medical liability insurance, which most claims are exorbitant and unnecessary. Impact of laws and regulations on healthcare Positive effects The state laws of where they operate from regulate healthcare organizations and this is advantageous in two ways. For one, there are fifty-one states in total and it means that each state experiment on several policies to tell the best from the rest, an advantage in that once a state finds a certain policy effective enough, then it can share the policy with the other states saving them resources by giving them ready-made solutions of healthcare. Secondly, state governments are at the very base and interact with civilians face to face meaning they had better understand their conditions and needs than federal governments do. This enables them to provide specific and more effective solutions. In the case of licensing, it is faster when dealt with from the grass roots. The law is supposed to favor and not discourage the practice of healthcare and when laws are set as per the specific conditions of a state, it is easier for the practitioners and organizations to observe them and accept liability without speculating disfavor (Arnold, 2007). Government intervention in the provision of affordable or free health care enables more patients to receive services, therefore helps in the achievement of healthcare’s goal of reaching out to everyone regardless of social class or age. Licensing ensures that only qualified professionals deal with patient care therefore protecting the lives of patients. In addition, it ensures the quality of services offered. (Michael) Regulation of pharmaceutical practices enables quick availability of new drugs as it enables the FDA to review drugs faster (Michael). In addition, cases of drug blunders such as poisoning reduce, further rewarding credibility to the healthcare fraternity. Due to the freedom of doctors to customize treatment based on the patient’s circumstances, the healthcare fraternity expands it effectiveness of broadcasting its services. (Michael). Effects on the community i. Patient care is more accessible and affordable. ii. Human lives are safe from the risks of drug blunders and side effects. iii. Patient care is customizable as per the individual’s circumstances. iv. Health insurers cannot exploit clients financially. Negative effects The prioritization of organizational structures and actions may experience distortion as the health care entities rush to maintain or respond to regulations instead of focusing on internal or current issues and tasks (Lawrence, Alan & Kieran 2004). In the case of state-specific policies, it means that there are fifty-one health care policies and so in case an entity losses their licenses, it is easy for them to move to another state and continue with their practices. This endangers the safety of patients and demerits the healthcare fraternity (Arnold, 2007). Licensing increases the cost of medical services that means the quantity of services delivered depreciates. (Michael). On the part of financial intervention where the government dictates the rates and practice scopes of private insurers, this weighs heavy on them and affects their output ability and profits gained. This in turn leads to depreciated services, less marketplace flexibility, increases premium costs, closure of the insurers and general low-level Medicare performance. According to Lawrence, Alan & Kieran (2004), institutions or practitioners will in most cases display high levels of performance and compliance when regulatory intervention is due or in progress but once it is off-season, these factors cease. Regulating and limiting pharmaceutical practices prevent improvement and innovation in some cases as it may discourage or prevent experiments on new products and trends. This offers a blow to advance in Medicare (Lawrence, Alan & Kieran 2004). Some laws lead to extensive and in some cases unnecessary expenditures as institutions and professionals invest heavily in trying to cope or in interacting with the regulators’ demands (Lawrence, Alan & Kieran 2004). Effects on the community i. Temporary compliance means the offering of low-level services to patients. ii. Transfer of licensing puts patients at risks of under-qualified professionals. iii. The high cost of premiums leads to shying off from private insurers. iv. High costs of compliance make services expensive, limiting access to some patients. v. Lack of innovation means less effect services and products thus suffering of patients. Examples of regulations in place today 1) The federal government indirectly regulates finance in health care after establishing the Medicare programs that pay for the care of age and disability, and the Medicaid that caters for the destitute peoples’ health needs. The hospital receiving these federal funds in payment for the two programs must be compliant with federal conditions first. 2) Another example is the requirement by the government for a medical professional to acquire a license; the individual has to cover four years of higher education, proceed to four years of medical education in recognized institutions, another year with training on basic sciences, and finally undergo one year of medical internship in a healthcare institution. The second requirement is to pass the state-administered examinations that determine whether they qualify or not. Conclusion Laws regulating practices in healthcare aim at improving the standards and services in offer while preventing potential harm, extortion, and professional misconduct. These rules do not mean to strangle any entities in this fraternity but work for the good of both practitioners and patients. For instance in the case of the 1938 and 1962 poisonings are the reason pharmaceutical practices are regulated. Apart from preventing harm or loss of human life, the professionals also escape the punishment resulting from such. However, in some cases such as the regulation and dictation over heath insurance policies, the rules being less stringent will have a positive impact on the insurers as well as the clients; the insurer meets fewer costs, translating to lowering of premiums for the client. Concisely though, the perception of these laws should remain positive for they act to protect and better the healthcare’s sustenance and credibility. References Arnold Kling. (2007). Government and Health Care: The Good, The Bad, and the Ugly. Retrieved on October 26, 2013 from http://www.cato.org/publications/commentary/government-health-care-good-bad-ugly Field, R. I. (2007). Health care regulation in America: Complexity, confrontation, and compromise. New York: Oxford University Press. Lawrence B., Alan B. and Kieran W.(2004). Learning from CHI: the impact of healthcare regulation. University of Manchester. Retrieved on October 26, 2013 from http://epso-web.eu/mediapool/72/723588/data/brussel/Report_-_Learning_from_CHI_-_The_impact_of_healthcare_regulation.pdf Michael F. Canon. Health Care Regulation. CATO Institute. Retrieved on October 26, 2013 from http://object.cato.org/sites/cato.org/files/serials/files/cato-handbook-policymakers/2009/9/hb111-15.pdf Read More