1. The difference between law and regulation is that law provides guidelines and setup rules in order to govern the behavior. Laws are created as ideas that go through a long process such as balances and checks in order to be voted and become a law. All laws must be obeyed and followed. Breaking law results severe consequences. Regulations monitor and regulate the laws. It is responsible to ensure and enforce the law as it goes. Basically, regulation is making sure that that each law or legislation is put into effect and the process and details on how it is put into effect.
2. I believe the reasons CMS is concerned with regulating the cost of long term care is because of nursing homes regulation. It is difficult to comprehend the costs of nursing homes to quantify. The costs are most likely a small portion of the overall costs of the regulation which falls on the nursing homes. Another reason would be stakeholder’s debate. It is believe that many quality issues still exist and the regulations should be tense with harder standards and a much more aggressive enforcement. CMS also argued that regulation should be clarified and reduced and should only focus on problems that is based on cooperation and partnership.
3. The meaning and importance of the “spend down” provision in Medicaid as it relates to long term care is the spending assets.
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The requirements of the Self Determination Act of 1990 are that most hospitals and other health facilities must provide information on advance directives at the time of admission when it occurs. They must have a summary of health care decisions as well as the facility’s policies. What it does for long term consumers is that it provides written information to patients when they are admitted and make decisions that involves medical care and the right to refuse medical treatment and to formulate directives. It also ensures compliance and maintains policies with respect and provides education for all fellow staff of the