HSA 405 Week 2 Discussion 2 The Sources of Law

19 May No Comments

Discussion 2:

“The Sources of Law” Please respond to the following:

Discuss the four sources of law as outlined in the text book.

The sources of primary legal authority include constitutions, statutes, regulations and common law.

A constitution is a charter that both established a government and explains fundamental rights and obligations of that government and of individuals who fall within the territory covered by the constitution. The constitution of the US was completed in 1787 federal government divided into three branches (legislative, executive, and judicial to operate the union.

Statutes are laws written by legislative bodies at all levels of government that command or prohibit something.

Regulations are specific written to assist with the implementation of statutory directives and to promote statutes underlying policy goals.

Common law is also referred to as case law, judge -made law or decisional law. Common law is central to legal systems in many countries like England, which is how the US came to rely on common law as part of the legal system.

For each of these sources that were defined it is important to understand how these terms can impact a health care organization-HCO. “In 1944, President Franklin D. Roosevelt advanced his idea of a “Second Bill of Rights” which would include “the right to adequate medical care and the opportunity to achieve and enjoy good health.” More recently, Representative Jesse L. Jackson Jr. introduced March 3, 2009, a bill which proposes an amendment to the U.S. Constitution ensuring a right to health care. The proposed amendment reads, “Section 1. All persons shall enjoy the right to health care of equal high quality. Section 2. The Congress shall have power to enforce and implement this article by appropriate legislation.” (Swendiman, 2010)

For a healthcare organization I would ensure that higher management are familiar with the constitution. When it comes to healthcare is important to make all regulations are being followed and no laws are being broke. Healthcare laws and regulation change often. Successful businesses do not want law suits that will potentially harm their business name and make their reviews low. This can become costly as well for a business.

Reference:

Swendiman, K. S. (2010, April 05). Health Care: Constitutional Rights and Legislative Powers. Retrieved April 11, 2018, from http://www.ncsl.org/documents/health/legpowers.pdf




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