Health Law and Regulation Paper Alberto Fernandez HCS/545 October 5, 2015 Professor: Debbie Laughon
The role of Government and regulatory Agencies The government has the power to enact and enforce laws that impact the health care industry. Federal, state and local regulatory agencies often establish rules and regulations for the health care industry, and their oversight is mandatory. Regulatory agencies are empowered to enforce laws and monitor compliance to protect the community. Health care regulatory agencies monitor health care practitioners and facilities, provide information about industry changes, promote safety and ensure legal compliance and patient privacy. When the regulations are violated the agencies can impose fines, sanctions, revoke licensures and, enforce a jail sentence. Federal laws and regulations play an important part in the health care industry. These laws and regulations protect citizens from health risk, public welfare and privacy. Example of Regulatory laws Over the past decade health care laws and regulations have defined how patient information and security is provide within the twenty-first (21 st ) century. Patient health information and their health care privacy rights is protect by two laws in particular The health information technology for economic and clinical health (HITECH) act controls electronic forms of information and the Health Insurance Portability and Accountability Act (HIPAA) controls Privacy Rules. These laws of security and privacy affect our daily lives and community by controlling how information is used and protected in the health care industry. HITECH ACT The HITECH act was enacted as part of the American Recovery and Reinvestment Act of 2009 to promote the privacy and security of health care information delivered through electronic transmission. This transmission includes email or any type of internet transactions that involves the electronic transfer, storage or use of personal medical information like health status, dates of birth and social security numbers. It's penalties include four categories of violations with a four tier penalty stages that increase
penalty amounts with each violation. The maximum penalty could be &1.5 million with repeat identical violations. It also provides forgiveness of penalties for any violation that is corrected within 30 days of violation if they were not performed through willful negligence (Health Information Privacy). This law was imposed to strengthen the civil and criminal penalties imposed by HIPPA violations.
- Fall '14
- HCS 545, health information, Health Insurance Portability and Accountability Act