Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
¶ … health law and administrative law, according to Jost (2004), are law domains that are representative of the various approaches to classification. By definition, "health law encompasses law as it affects a particular industry -- the health-care industry" (Jost 2004). This particular kind of classification, therefore, regulates the relationship between the various healthcare industry stakeholders, including, but not limited to, the government, patients, health-care professionals, and health-care providers. Administrative law on the other hand is defined by the Black's Law Dictionary as "the law governing the organization and operation of the executive branch of government (including independent agencies) and the relations of administrative agencies with the legislature, the executive, the judiciary, and the public" (Jost 2004).
The agencies I select in an attempt to define how such agencies interact with the health care industry are The Federal Trade Commission, the Food and Drug Administration, and the Department of Justice. To begin with, being an independent federal agency, the Federal Trade Commission (FTC) concerns itself with the protection of consumers in an attempt to create a market that is not only competitive but also strong. This it does via the enforcement of a variety of laws -- particularly antitrust laws and consumer protection laws. It is important to note that the relevance of competition...
This is more so the case given that it has some inherent benefits to consumers via the containment of costs, quality enhancement, and enhanced innovation. FTC ensures that firms in the health care industry do not engage in anticompetitive behavior that could be detrimental to consumers. One of the antitrust enforcement policies issued by FTC regards mergers and seeks to protect consumers against activities that are anticompetitive in nature. It should be noted that while this particular agency lacks the powers to enforce its rulings directly, it has the courts at its disposal for enforcement purposes.
The Food and Drug Administration (FDA), on the other hand, concerns itself with the regulation of the release of health-related products as well as foods items that are new in to market. In so doing, it seeks to protect members of the public from ingesting, making use of, or consuming cosmetic products, drugs, and foods that could be unsafe or impure. One of the areas where the agency is most renowned for its involvement is in the regulation of new drugs - particularly in their development stage. To fulfill its mandate, the agency has in place rules specifying mandatory new-drug clinical trials. It is for this reason that FDA closely follows the testing of numerous drugs that are pending release in an attempt to highlight how they affect their intended user. The influence FDA, therefore, has in the…
References
FDA (2015). Regulatory Information: Legislation. Retrieved from http://www.fda.gov/RegulatoryInformation/Legislation/
Jost, T.S. (2004). Health Law and Administrative Law: A Marriage Most Convenient. 49 St. Louis U.L.J. 1, 1-34
Health Law and Regulations In America, the health care industry is highly regulated. This is because there are certain aspects of the law which are designed to improve quality and offer everyone with a variety of treatment options. To fully understand this relationship requires carefully examining a specific government agency, the laws impacting the industry, the effects on a health care provider and how this is affecting communities. Together, these elements
1996 passed Health Insurance Portability and Accountability Act has on healthcare organizational policies. This will be done through answering several review questions. Law and Organizational Health Care Policy There are several ways that health law can be conceptualized. Health law can be viewed as entailing not just the law on financing and delivery of healthcare but also all other related areas of study that are associated with the link between health
High Insurance Portability Health Insurance Portability & Accountability Act Some hope was given for the current legal environment to become better defined for health-care providers when Health Insurance Portability & Accountability Act (HIPAA) was passed by the in 1996. As previously mentioned, HIPAA is a monumental act that attempts to address and incorporate all three issues-- privacy, confidentiality, and security within one law. When HIPAA was passed, many applauded the portability aspects
Patient Protection and Affordable Care Act On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act (PPACA). This is more commonly referred among United States Citizens as Health Care Reform. This revolutionary law offers three main guarantees: First, health insurance for all American's, not just those who can afford it; Second, cost reduction in the insurance premiums for individuals and businesses; Lastly, higher quality care. On the
Health Information Exchange BOON OR BANE? Health Information Exchange in the U.S. The Guidelines Benefits Privacy and Security Challenges and Strategies Why Clinicians Use or Don't Use HIE Doctors' Opinion on HIE Consumer Preferences around HIE Health Information Exchange or HIE is a system, which allows the immediate electronic access of a person's health information records by a health provider (Fricton and Davies, 2008). The overall objective is to improve the safety and quality of health, especially for emergency care.
What this means is that the lifetime limits on most benefits are barred for all latest health insurance plans. Another interesting thing is the reviews premium increase (Wakefield, 2010). This is saying that insurance companies must now openly defend any type of unreasonable rate hikes. The last thing is that it helps a person get the most from all of their premium dollars. In other words, a person's premium