Final - Healthcare Law and Ethics Reforming Healthcare...

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Healthcare Law and Ethics Reforming Healthcare Number 1 problem-Can the problem be handled by a single federal or state law, or a combination Federal laws are a blanket law, State laws are more “in tune” with the needs of the local residents When determining a law, one must draw a line between lawful and unlawful and stop at a point where the law would be most effective at stopping bad conduct without inhibiting socially useful activates and without adverse consequences. However, there are always unexpected consequences Ethics Consists of bio, professional or business The appropriate ethical solution is not a question of what is required by the law, but rather deemed morally right by society and the individuals Ethical principals-respect for individual autonomy, beneficence, nonmalifience, and justice Sometimes, ethical duties exceed what is required by the law. The law cannot enforce ethics because people disagree on moral responsibilities Law Law is a social science We must ask: how can we use the law to improve the system. Do not start by saying, “the law says…” to solve a problem. I.e. Access or discrimination. STEP 1: there ought to be a law, STEP 2: which kind, STEP 3: what type of process? Step 1: “there ought to be a law” Step 2: Not process, but conceptually, what kind of law (fed, state) Resist automatically choosing one over the other. Federal law is the lowest compromise of which 26 states or 51% of the states can agree. It is weaker. No one is in favor of a law that is too lax or too strong. When the federal gov’t is not able to do the job, the state can take over. This is a better alternative. For instance, state health plans. For 200 years, law of medical malpractice have been enacted by the state This is ironic b/c republicans are in favor of state control, but want government control. Step 3: What approach to take: -Regulatory> (i.e. Licensing. Or using the government’s power as a buyer of goods and services. Ex. The DOD wants to buy guns. Then the gov’t can say to the company, we will not buy your guns unless your emissions rates are…. Ex. Hospital participation in Medicare. 1
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EMTALA-How can the government enforce this? The government makes it a requirement of the hospitals Medicare program. When the gov’t uses its buying power, it has more flexibility that just as a regulator. Government Regulation of the Healthcare Industry Police Power-traditional authority of the state to protect public health, safety and welfare. For example, the state must require vaccinations. The fed’s authority is based on the power of congress to regulate interstate commence (ex. CON) Fed uses its power as a large-scale buyer. Ex. Medicare participation for SNIF’s Fed uses it’s spending power-Federal Financial Assistance Consequences-Legal intervention has side effects that are anticipated and not anticipated. Ex. Anyone injured during the commission of a crime will receive
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This test prep was uploaded on 04/05/2008 for the course HPAA 310 taught by Professor Deanharris during the Fall '07 term at UNC.

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Final - Healthcare Law and Ethics Reforming Healthcare...

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