Running head: HEALTH LAW, REGULATION, AND POLICY 1 Health Law, Regulation, and Policy Jennifer Smith Garman, RN, BSM HCS/545 July 25, 2016 Nate Elam
HEALTH LAW, REGULATION, AND POLICY 2 Health Law, Regulation, and Policy Health care is an industry that is highly regulated. There are federal, state, and local county regulations that health care providers and organizations must abide by. With these regulations, there are also standards of practice set by professional organizations. These standards are based on evidence based practice, and are what professionals look to in order to ensure they are providing the best patient care possible. Health care legislation and policies, regulatory bodies, and politics play a role in how stakeholders in health care provide and receive care in the United States. The Relationship Between Law and Policy in Health Care Policies are goals or objectives set by organizations or governments, whereas laws are rules and regulations that must be followed. Laws are concrete and created for an organization or government to legally achieve their policy goals. Laws are established on the state or federal government level, depending on the type of policy one is trying to establish. There are several different ways the law is used to regulate patient care and safety. A regulatory approach is established by the government; it can either prohibit a person or organization from doing something, or it can require a person or organization to do something. According to Harris (2014), “one example of this regulatory approach is licensure of healthcare professionals, in which state governments prohibit unqualified persons from practicing a specific healthcare profession and provide governmental supervision over those persons who are permitted to practice” (p 4, para 3). Another approach is patients having the right to use the civil court system to sue for damages incurred through malpractice. When creating a law, policy makers must decide how strict the law will be. If the scope is too broad the law will not be effective in supporting the policy. If the law is too restrictive it becomes too difficult to enforce. Legislative Versus Institutional Policies in Health Care
HEALTH LAW, REGULATION, AND POLICY 3 The difference between legislative policies and institutional policies is legislative is passed through state and/or federal government. Institutional policies come from within an organization, usually derived from professional standards of practice. Legislative policies require laws to dictate how something in done in health care. There is no deviation from legislative policies, as these are supported by formal regulations. However, according to the American Nurses Association (2016), “professional standards of practice, state practice acts, and rules and regulations guide development of institutional policies and procedures. Policies and
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