Healthcare Law Flashcards
Health care law
is the collection of laws that have a direct impact on the delivery of health care or on the relationships among those in the business of health care or between the providers and the recipients of health care.
Legislation
is the process of introducing, adopting, changing, or repealing law
Regulation
is the process of putting laws into action through the establishment of rules.
Litigation
is the process of seeking help through the courts to address a perceived wrong
prescriptive law
must be done
proscriptive law
must NOT be done
healthcare law
the collection of laws that have a direct impact on the delivery of health care or on the relationships among those in the business of health care or between the providers and recipients of health care.
processes are interwoven or braided together to continually revise and refine the law
scope of healthcare law: legislation, litigation, regulation
federal laws
highest source of law and trump all state or local laws
The Tenth Amendment, states
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The Tenth Amendment pertaining to health care means
power to license professionals, provide and regulate public education, and provide for public health and safety
judiciary
cases decided by a judge- involving validity of the law in question
statutory law
laws that have been enacted by a legislative body
precedents
what have courts decided to do in similar situations in the past
example of a Major attribute
law or rule that defines the expected behavior of persons in the business of health care or in health care relationships.
minor attribute
the law or rule may have a financial or other incentive attached to encourage compliance
five major concerns that form the basis for health care law
1) oversight of the quality of health care
2) control of the cost of health care
3) assurance of equitable access to health care
4) Protection of the person of the patient
5) the structuring of business relationships among the institutions and professionals that provide health care
tort law
cases of negligence, including malpractice
routine admission forms and consent forms
represent a contract
criminal penalties
purposeful breaches of protected health info (HIPAA)
Property law
protection of persons property
state board of nursing regulates nursing practice (5)
Establishing the requirements to obtain a nursing license Issuing nursing licenses Determining the scope of practice Setting minimum education standards Managing disciplinary procedures
details of the practice of nursing are found in
the scope of practice (each state)
COBRA
in an emergency situation pt must be stabilized prior to transfer…. also in the event of termination a person may still have group insurance through employer
