Health Law and Regulations

Health Law and Regulations

HCS/545

September 28, 2015

Professor Charles Barron

Health Law and Regulations

        The professionals that work in the health care world are entrusted with the lives and health of Americans every day. This responsibility that the health care professionals have is to be taken seriously, because of the strict regulations and health laws that proceed this profession. The involvement of the government handles controlling the laws and regulations that help to enforce and influence in the delivery of medical care in health care environment. The main points of this discussion will include the governmental regulatory agencies and its impact on the industry; Further investigate regulations and laws that are currently faced by the health care environment; analysis of the impact that the laws have on the clinic, provider, and hospital; and provide examples of specific cases and what effect these cases have on current life and within the community.

Governmental Regulatory Agencies

        There are various regulations that govern the health care system in which many individuals can be very overwhelmed. The aspect of the health care environment is regulated by one or two regulatory body, or even sometimes by several depending on the agency.  Health care professionals sometimes may feel like the application of the rules may overtake the actual role of health care. Health care professionals have learned to adapt to the health care in America, as it has become much more innovative as well as more developed and advanced throughout the years. As the health care system became more developed and advanced, many aspects of regulations about healthcare have become more broad and strict. These regulations that have been put in place to protect the American citizens that include healthcare products, hospitals, healthcare institutions, physicians and practitioners, public health and research facilities (Jones, 2007). Health care is the most regulated industry in America, where all aspects of the healthcare system are subject to state and federal level inspections. Throughout the years, Americans have been subject to declining quality care and increased health care costs.  In able to ensure that governmental regulatory agencies have helped define and establish health care legislation and make sure that the regulations are fulfilled. The government will give these different agencies the ability to handle regulations and enforce laws while the government entity will help to maintain and protect quality care and improve affordability and access for American citizens. In the same token; while governmental regulatory agencies help to protect and maintain healthcare entities, there are positive and negative effects that also align their protection. One of the negative effects that bind the governmental regulatory agency is the occurrence of skyrocketed society debt and increasing health care costs. The driving force behind the regulations of these agencies is to improve care while at the same time reduce costs. The legislation that underlies the health care providers and organizations is accomplished on a daily basis. Throughout time, the federal regulatory agencies were built and focused upon the idea to control the main health issues that affect Americans. These issues can affect a person individual preference, as well as part of a public sector.  The creation of the agencies by the government help to empower the agencies to enforce and make regulations and policies. Violations of the federal regulations that are put in place can result in sanctions, fines, and jail time for the health care provider or facility which can be very bad for business and cause a lost (Harris, 2007). The rules and regulations that are set forth by the government have to dictate what is done and provide a guideline for the agency to follow. The use of regulations in these areas of business will play a significant role towards the impacts endured in the health care industry.

Impact on the Health Care Industry

        Regulation plays an important role in the coverage of healthcare insurance. Various regulatory industries such as the Department of Health and Human Services (HHS), help to protect citizens from a number of diseases and health risks, as well as to provide programs for welfare and public health which include Medicaid and Medicare (Harris, 2007).  The regulatory agencies will provide and protect the public health care environment, as well as implement the regulations of the healthcare environment. Also, as decision making and policy implementation moves outside the doctor/patient relationship all focus has been put on the quality of care. Because of the astounding pressure from private and public employers, unions, legislator, and consumer group’s state and regulatory agencies have to collaborate with each other in order to find objective ways to measure the quality of healthcare. Regulations have impacted the level intensity of care, as well as hospital work, and the changes in staff. A huge example of the impact includes hospitals and facility that see a higher proportion of ill patients and the care for these patients are only done within the most acute phase of the illness, at which at this point the individuals were likely to be discharged to home care or nursing homes.

Laws and Regulations currently faced by the Health Care Industry

        The HIPAA law has had the most impact on the healthcare industry. The HIPAA law is one of the most detailed and comprehensive laws of the healthcare industry. The law mandates the components of the privacy law put into place within the health care facility (Jones, 2007). Specific measures have to be taken to protect privacy and data security. If this law is violated, then potential fines can be assessed for the violations. The HIPAA law was put into place to balance the needs of the healthcare industry with the concerns and rights of the patients.

        The Centers for Medicare and Medicare also known as (CMS), help to oversee the other regulations that are directly related to the healthcare system. The CMS will provide the subsidy medical coverage through government programs. The other regulations that face the health care industry is the Joint Commission on Accreditation of Healthcare Organization (JCAHO), and the nonprofit organizations such as the Non-profit organizations that service as accreditation institutions for health care in America better known as (NPO).  Working towards a high score for the facility should be a great plan for the organization to be effective. (Jones, 2007). These organizations work jointly to ensure that healthcare organizations provide quality care. Within my organization, we pride ourselves on ensuring quality healthcare as well as providing lower costs for our providers and members.