hcad 650 legal

Analyze the unique qualities of American constitutional, statutory, and common law principles in relation to healthcare administration.

Apply the principles of law and regulation to organizational and clinical healthcare settings.

  • Explore and differentiate legal and ethical implications of various health care situations and environments and integrate legal and ethical principles into evolving areas such as managed health care, patient rights, and standards of care
  • Review the document “The Law, Compliance Tools, and Managerial Actions” document in the Content area.  ***Note: Laws are not compliance tools. 
  • Use Week 12 Managerial Compliance Tools links in the Classroom Law Library to find tools. 

Review the compliance tools we have applied in course discussions and assignments throughout the course such as contract clauses, policies, COSO, checklists, etc.  

  1. Demonstrate critical thinking by linking each compliance tool to specific law(s) we discussed in each module. For example, the compliance tools for Business Transactions should relate to laws discussed in Business Transactions such as Certificate of Need (CON), antitrust, Corporate Practice of Medicine (CPOM),  state incorporation laws, non-profit tax laws, Sarbanes Oxley Law (SOX),  False Claims Act (FCA), Anti-kickback Statute (AKS), Physician Self-Referral Law (Stark law). 

Include 10 different tools

Select tools you will use as a manager. This is your toolkit to use in the future! 

  1. Individually complete the  Managerial Tool Kit table.

Managerial Toolkit for Compliance.docx (15.42 KB)Download All Files

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hcad 650 legal

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Introduction:

American constitutional, statutory, and common law principles have a significant impact on healthcare administration. Understanding these principles is crucial for healthcare professionals to navigate legal and ethical issues in organizational and clinical healthcare contexts. This answer will analyze the unique qualities of American constitutional, statutory, and common law principles in relation to healthcare administration and apply these principles to healthcare settings.

Answer:

American constitutional law provides the foundation for healthcare administration by establishing the framework for the legal system and defining the rights and responsibilities of individuals and organizations. The unique quality of constitutional law in relation to healthcare administration lies in its protection of fundamental rights, such as the right to privacy and the right to bodily autonomy. These rights have significant implications for healthcare professionals in ensuring patient confidentiality and obtaining informed consent for medical procedures.

Statutory law, on the other hand, refers to laws enacted by legislative bodies at the federal and state levels. In the context of healthcare administration, statutory law plays a pivotal role in governing various aspects of healthcare, including insurance regulations, patient rights, and healthcare quality standards. The unique quality of statutory law in healthcare administration lies in its ability to evolve and adapt to new challenges and advancements in medical technology and knowledge. Healthcare administrators must be well-versed in statutory laws to comply with healthcare regulations and ensure the provision of safe and effective healthcare services.

Common law principles, derived from judicial decisions, also have a significant impact on healthcare administration. Common law is developed by courts over time as they interpret and apply legal principles to specific cases. Common law principles provide flexibility and allow for the development of legal precedents that guide healthcare administrators in making informed decisions. These principles are constantly evolving, ensuring that the law remains responsive to changing societal values and needs.

When applying these principles to organizational and clinical healthcare settings, healthcare administrators must consider the legal and ethical implications of their actions. They must integrate legal and ethical principles into areas such as managed healthcare, patient rights, and standards of care. For example, healthcare administrators must navigate the legal and ethical challenges surrounding patient confidentiality, informed consent, and the allocation of healthcare resources.

In reviewing the document “The Law, Compliance Tools, and Managerial Actions,” healthcare administrators can identify various compliance tools available to them. These tools, such as contract clauses, policies, COSO, and checklists, assist healthcare administrators in ensuring compliance with applicable laws and regulations. Each compliance tool can be linked to specific laws discussed in the course modules. For example, in the context of business transactions, healthcare administrators can utilize compliance tools such as Certificate of Need (CON) to comply with state regulations on healthcare facility expansion. Other relevant laws in this context may include antitrust laws, Corporate Practice of Medicine (CPOM) laws, and state incorporation laws.

By selecting and incorporating these compliance tools into their managerial toolkit, future healthcare administrators can effectively navigate the legal and ethical complexities of healthcare administration. Being knowledgeable about the unique qualities of American constitutional, statutory, and common law principles, and applying them appropriately in healthcare settings, ensures the provision of quality and ethical healthcare services.

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