EMTALA Case Study
HIPAA expressly allows a covered entity, such as the Hospital, to disclose PHI for the purpose of obtaining reimbursement for the provision of health care without need of the patient’s authorization. Accordingly, we recommend that a letter be sent to Mr. Craven explaining why his complaint has no basis in law or fact. The goal of this letter will be to discourage him from making a frivolous complaint to the government. I.
When examining the case of the State of California against Dr Huping Zhou, we can conclude that the HIPAA law is a meaningful law set in place to protect patients’ privacy, and any one violating this law, regardless of your position in the health care field can be persecuted, punished for violating the law, even in the absence damages evidence resulting from the violation of the law. The purpose of this post is to discuss the case of the State of California against the physician, Dr Huping Zhou. In this post, I will review the HIPAA law, the penalties for violation of the law and why I feel that Doctor Zhou was very fortunate to receve the punishments four months in prison and just $2000 in fine. As a physician, a researcher of UCLA School
Your discussion presents an interesting perspective on business principles. Managing financial needs of a hospital and patient’s satisfaction goes hand and hand in the hospital field. This also can create a negative impact when it comes to prescribing pain medication. An ethical dilemma arises for emergency room providers who in relation to new reimbursement tactics centered upon patient satisfaction scores (Kelly, Johnson, & Harbison, 2016)
Prior to the implementation of the Affordable Care Act (ACA), few people anticipated employer-provided health care would disappear as a major player in the United State healthcare arena. However, ACA adoption and has put more than 169 million employees at risk for losing their workplace coverage. Several studies indicate employer-based coverage will decline rapidly over the next decade as the traditional US system is displaced by the healthcare exchange system. While consumers grapple with finding affordable coverage options and providers adjust to the new norms, there is another wrinkle in the mix. In January, Health and Human Services (HHS) Secretary Sylvia M. Burwell announced the agency's push toward value-based and alternative reimbursement models.
As federal regulators require physicians to do more, they will actually get paid less. As the situation worsens, older doctors will retire and younger doctors will look to switch careers. This will come at a time when the demand for physician services will be higher than ever. Ultimately the consequences of the Patient Protection and Affordable Care Act will translate into restricted access and inferior quality of care. No matter how you look at it, this legislation is terrible for physicians; however, it is always the patient that suffers the most.”
This section will outline the Family Medical Leave Act (FMLA). The focus will be examining the goals, target population, who was responsible for its implementation, services offered, as well as how it is financed. It is also important to discuss how this policy reflects the values of America’s dominant culture, as it may potentially impact non-dominant culture significantly. Overview of the Family Medical Leave Act (FMLA)
Currently, in health care, licensure is a regulatory process in each state to ensure its health care professionals are minimally competent and protects public safety (Thompson & Robin, 2012). Licensure is a state’s grant of legal authority to practice a profession within a designated scope of practice. Under the licensure system, states define each health care licensure by statute, the tasks and function or scope of practice of a profession and provide that these tasks may be legally performed only by those who are licensed. As such, licensure prohibits anyone from practicing the profession who is not licensed, regardless of whether or not the individual has been certified by a private organization. In this paper we contrast the Arkansas State Board of Nursing and the Arkansas State Board of Health- Section of Emergency Medical Services and how each board establishes professional standards and protect public safety.
When examine the case of the state of California against Dr Zhou we can clearly conclude that the HIPAA law of which was convicted of violated is not just words written on paper to buy patients confidence, it is meaningful law set in place to protect patient privacy and any ones violating this law regardless of your position in the health care field can be persecuted punished for violating the law, even in the absence damages evidence resulting from the violation of the law. The purpose of this post is to discuss the case of the state of California against the physician Dr Huping Zhou, in this post I will review the HIPAA law, penalties for violation of the law and why I fell that Doctor Zhou was very fortunate for his punishments four months
This can include tangible and nontangible treatment for a variety of diseases ranging from mental to physical. In addition to treatment, insurance companies can no longer deny anyone coverage for pre-existing conditions permitting no discrimination to be passed while seeking coverage. Lastly, they cannot drop them or raise premiums if the insured party becomes ill. Failure to provide these crucial services causes many patients to end up in the emergency room. In turn, the cost is handed off to Medicaid and the tax paying citizens making it seemingly pointless to not provide it
Then in 1985 The Emergency Medical Treatment and Labor Act (EMTALA) required hospitals participating in Medicare that operated active emergency rooms to provide appropriate medical screenings and stabilizing treatments. Demographic changes contribute to this health care fiscal challenge. America's population is aging, and the aged use greater health care services. Not only are the baby boomers aging, but they are living longer, which
These laws directly govern payers or regulate the employers that contract with payers to administer their benefits plan and the health care providers that provide services to the organization. The federal requirements affect almost all aspects of managed care and payer operations including standards for how insurance coverage must be provided to individuals and employers, provisions affecting health benefits and group health plans, tax preferences for individual and group health coverage, and protections for health information. Many of the consumer protections already passed at the state level are now being debated at the federal level. Congress has shown its willingness to intervene in the area of quality health care by passing the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Group 3 Case Study 1 Throughout the foundation of healthcare, the relationship of doctor-patient created a realm where private patient information was protected. It was outlined in the Hippocratic Oath, and then evolved into the common law tort system, which was weighed on a case-by-case basis, and prevailed for the ‘good’ of the public (Tyson, 2001, n.p.). As healthcare has progressed, especially with the changes in technology and its growth patient privacy, confidentiality and personal information has been difficult to safeguard. The Health Insurance Portability and Accountability Act (HIPAA), on the other hand, takes-on a regulation style approach, incorporating public policy and regulations (Kaplan, 2014, p. 36). As an organization, Kaiser Permanente and other institutions must make changes to avoid this type of event from occurring.
Because of EMTALA patients will no longer be turned away for economical reasons. They will be attended to with medical screening and examinations no matter the condition. Patient dumping" became an issue when so many unstable people were turned away or transferred started to have more difficulties with their health condition because they were not attended to on the spot at the time. Many hospitals participated in this practice and it was only endangering the patient’s health and life. The purpose of health care is to meet the medical needs and the safety and well being of a
The New England Journal of Medicine in Boston (2004) reveals five core patient rights, which includes the right for a patient to make informed decision. The right to privacy and dignity and the right to self-determination to accept or reject medical treatment, the right to receive emergency care and the right to have an advocate who serves in your best interest. It is important as a patient as well as healthcare provider that a clear understand of patient rights are understood so that all rules and guidelines are being followed at all times. Pozgar (2016) talks about how certain rights and protections are guaranteed by the regulation of state and federal laws. It gives patients the right to receive clear explanation of test, diagnoses,
The use of health care resources by illegal immigrants generates divergent discuss as to those in favor or those that are against distribution of scare health care resources to those that are in this country illegally. Some contend that to not provide health care to those who are in this country illegally, make the point that people who violate the immigration laws of this country have forfeited any moral claim to assistance and should not benefit from their illegal behavior. However, those that are in favor of providing health care argue for including illegal immigrants in health care. They view decent health coverage as a basic human right. In light of health care constraints of availability and accessibility of goods which is further justified by the rising health care cost of health care in the United States, which is projected to rise to several trillion in 2030.One area that has contributed to this ballooning health care cost is the utilization of the ED especially by illegal immigrants.
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