Health Care and the Law Week 3 - RUNNING HEAD HEALTH CARE...

RUNNING HEAD: HEALTH CARE AND THE LAW
Health Care and the Law
Susan Franks
HCS/545 Health Law and Ethics
October 20, 2015
Richard Nordahl

HEALTH CARE AND THE LAW
Health Care and the Law
Health care is arguably one of the most highly regulated industries in the United
States. The government oversees virtually every facet of it (Field, 2008). The volume of
regulations is understandable, after all, the industry is responsible for the health and
safety of the public; lives are literally at stake. Those working in health care are not so
understanding of the complexity of the regulations, which causes a great deal of
frustration. These intricacies are partly due to our multiple legislative layers. It is
because of this complexity that legislatures create regulatory agencies. The role of these
agencies will be discussed and, using two examples, the impact of the agency’s
regulations on health care will be explored.
The Role of Regulatory Agencies
In the United States, the legislative branches of the government pass laws. These
laws rarely contain enough detail to allow for their implementation because legislators
lack the time and knowledge needed to do so. Often, local variations may affect
particular aspects of the law; therefore, local agencies are better equipped to develop the
specifics (American Nurses Association, 2015). Legislatures create administrative
agencies and give them the authority to produce the specific laws in accordance to the
broad mandated requirements. These regulatory agencies are also tasked with
enforcement. Agencies exist on both the state and federal levels; some activities are
regulated by the state while others are regulated federally. A point of contention in health
care is which activities should be subject to state law as opposed to federal law (Harris,
2007).
2

HEALTH CARE AND THE LAW
Texas Department of State Health Services
The Texas Department of State Health Services (TDSHS) is the regulatory agency
that oversees health services. According to its mission statement, “ The Texas Department
of State Health Services (DSHS) promotes optimal health for individuals and
communities while providing effective health, mental health and substance abuse services
to Texans” (TDSHS, 2014, para. 3). Among the numerous entities TDSHS regulates are
the abortion facilities and abortion itself (Office of the Attorney General, n.d.).
Example: Abortion Regulation
The U.S. Supreme Court has upheld the right for a woman to terminate her
pregnancy up to the point of viability since Roe v. Wade in 1973. After the point of fetal
viability, the state may prohibit abortion, except when necessary to preserve the life or
health of the mother. Roe v. Wade also highlighted the physician’s right to practice
medicine without interference from the state (Harris, 2007). In 1992, the abortion debate
was tested again by the Supreme Court in Planned Parenthood of Southeastern
Pennsylvania v. Casey . The court reaffirmed the right of a woman to terminate her
pregnancy before the point of viability.