Signature Assignment: Health Law, Regulation, and Policy Paper
Health Law, Regulations, and Policy Paper
All Americans need protection and preventative measures to safeguard their livelihood and health laws, regulations, and policies do just that. The United States government regulates these laws with the hope of improving the health of the public while developing the tools, along with program and resources to aide in the delivery of health care. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) along with the privacy law have made an impact on health care and the way that it is delivered. HIPAA was designed to ensure that the appropriate procedures were implemented to safeguard patient’s information when receiving care. The standards for privacy of an individual’s protected health information is covered under the HIPAA Act. The (OCR) is responsible for implementing and enforcing the HIPAA privacy regulation. Because different providers in the medical profession attend patients and transfer and receive vital information from various medical professionals, patients fear that their private medical information could be accessed or mishandled by individuals who are not giving direct care.
There are several rules and regulations that are set up to ensure that health care professionals take the necessary precautions when handling patient records. This review will examine the relationship between law and policy in health care along with differentiating legislative opposed institutional policies in health care. It will also analyze the influence of politics on health care regulations, laws, and policies while analyzing the role and impact of governmental and non-governmental regulatory agencies on health care policy. In turn this review will evaluate the impact of legislative policy on resource allocation in the health care industry and analyze the roles of organizational stakeholders and interest groups involved in health care laws and regulations.
Analyze the relationship between law and policy in health care
The relationship between policy in health care and HIPAA entwined together. In order to adhere to the HIPAA law policies had to be implemented by hospital administrators for all medical personnel and facilities to follow as required by law. In light of all the new advances in technology along with patient(s) becoming more and more involved with their health and treatment, HIPAA paved the way for everyone to feel secure while providing and receiving care. HIPAA law and policy are of second nature to each other since it allocates a multitude of information such as medical records, personal information, and health plans. Health professionals and other participating medical providers are changing their policies to ensure that patient information is delivered in a secure, safe setting. Access systems store medical information in addition to implementing a system so that patient(s) can access their personal health records securely. Required notification should be sent out concerning policy and procedures accompanied by an indemnification clause have to be current with notices being sent to all parties.
Differentiate legislative versus institutional policies in health care.
Health policy is affected by legislature which essentially means that the legislature in health care whether it is concerning new drugs, safety, or the privacy of a patient that the legislative staff is there to help combat the problem. Staff legislature plays a crucial role in designing state health policy Weissert, (2000). The central task of legislative policies is to enhance the power that insurance companies have to regulate. The health care system for the most part which include the public and private divisions, along with the political powers that have an effect on the system are created by the policy making process of health care. Public health policies come from state, local and federal legislation along with regulations that direct the delivery of health care services. Other than public policies there are institutional policies that are related to health care and developed in the private sector by certain agencies, for instance hospitals, and / or managed care organizations. With institutional policies there is a requirement to be licensed and certified to in order to operate and are that they are subject to review on a regular basis. Policy making can occur in number of different settings that range from public systems to a closed. These settings could be hospitals, long-term care, acute rehab facilities, and assisted living facilities. In any case Medicaid is the primary payer source for these facilities or settings.
Analyze the influence of politics on health care regulations, laws, and policies.
In view of the fact that having a basic understanding of the policy process is the first phase in creating a strategy of how to implement power while influencing meaningful changes within the health care system. The policy making process entails precise decisions and events necessary for any proposed policy, or one that is considered or either implemented. This process has multiple access points that present an opportunity to influence decision makers. The three stages of policy making are to formulate, implement, and evaluate. Abood (2007), most important public policies can be and are subject to be modified in this form. When any issue moves through the three policy making phases, elected officials, different organizations and special interest groups have an influence on the policy making process. For example, the Medicare program is very extensive and has been tweaked numerous times as far as what benefits are optional for participants. Regulations play a vital role in health care via various regulatory bodies such as the Department of Health and Human Services along with the Centers for Medicare and Medicaid services. These regulatory bodies govern and oversee that hospitals, health care providers, stakeholders and other special interests groups adhere to policies while protecting the public from many health risks.
With the transformation from paper charts to electronic medical records HIPAA has play an extremely major role in safeguarding patient information and privacy. However, in the unseen event that a breach occurs whether by interoperability of systems, the Department of Health and Human Services requires individuals to notify patient(s) if a breach is suspected.
Analyze the role and impact of governmental and non-governmental regulatory agencies on health care policy
Non- governmental and government roles play an intricate role in this HIPAA. Through the development of policies and regulation this law sustains itself. Some goals along with long-term strategies affect the public as well as healthcare providers. Regulation creates an environment where people of any disadvantage cannot be mistreated. There are boundary lines that protect those who are unable to meet certain demands. Smith, (2006), the relationship between courts and legislatures is that of the Supreme Court’s judicial review power concerning other political actors. Rules and regulations are used for clarity, authority, and certain standards within health care. Under governmental and non-governmental regulatory agencies funding is allocated to support health and the development of product in research and certain programs which are released as a means of informing and educating the public.
Evaluate the impact of legislative policy on resource allocation in the health care industry
In the legislative arena is where a concentration of efforts to centralize a policy begins. The legislative process is responsible for enacting laws, creating and funding health programs, in addition to balancing the health policy. Many factors influence health transparency laws. Eaton, (2013), internal determinants such as professional associations tend to gain traction over the traditional regional distribution authority such as states that share borders contribute to factors that influence state policy adoption. The health care transparency law improves the quality and safety of patients and in the process improves the accountability of providers while lowering costs. Not for profit health organizations tend to contribute more to society then for profit organizations. The legislative process can be grueling and cumbersome some laws may be passed while others may be on the floor until a unified decision is made. The role of stakeholders and special interest groups are deeply rooted in health care laws and regulations, their main role is to maximize the wealth of stockholders. Stakeholders, providers, as well as patients all take on a position in the health care field. They are also involved in the health care laws and regulations process. Inadvertently the roles may differ simply because stakeholders and interest groups can offer essential research information for implementing policies and procedures. Key efforts of stakeholders can affect the daily operations of medical facilities and hospitals while having the responsibility of passing the laws and regulations that influence health care organizations. Stakeholders enhance public involvement in health care.
While health care in the United States is continuously changing, there has to be unified understanding of the legislative process and the policies. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) has had a tremendous impact on health care and the way that is delivered. The continuous expansion of health care coverage to millions of people in America is forthcoming and inevitable. Legislatures and new policies come in to effect every day. In the words of Representative Justin Fox-Young, “I think that it’s critical that we do this right and not just pass something that we can tell folks we’re dealing with it and it appears that that’s what the governor wants to do”, Nash, 2008.health laws, policies, and regulations must be adhered to and followed accordingly. HIPAA along with the Privacy Act ensures quality and patient safety. Because of health care reform many provisions have been made to ensure that health care providers and insurance companies follow strict guidelines when transferring and receiving pertinent patient information. Government and non-government regulatory agencies promote access, safe environment at an affordable rate in the delivery of services to patients receiving care and in the process allowing for better outcomes.
Abood, S. (2007, January). Influencing Health Care in the Legislative Arena. The Online Journal of Isssues in Nursing, 12(1), Retrieved from http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/Volume122007/No1Jan07/tpc32_216091.html
Eaton, L. J. (2013). Policy adoption by state governments: An event history analysis of factors influencing states to enact inpatient health care transparency laws (Order No. 3564876). Available from ProQuest Dissertations & Theses Global. (1411885080). Retrieved from http://search.proquest.com/docview/1411885080?accountid=35812
Nash, K., & Terrell, S. (2008, Jan 31). 2008 legislature: Ailing progress: At session’s midpoint, richardson chides ‘do-nothing’ legislature over health care. McClatchy – Tribune Business News Retrieved from http://search.proquest.com/docview/462546050?accountid=35812
Smith, J. S. (2006). The supreme court and national policy-making: Influence through anticipatory compliance by state legislatures (Order No. 3230184). Available from ProQuest Dissertations & Theses Global. (305300654). Retrieved from http://search.proquest.com/docview/305300654?accountid=35812
Weissert, C. S., & Weissert, W. G. (2000). State legislative staff influence in health policy making. Journal Of Health Politics, Policy And Law, 25(6), 1121-1148.