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Health Law and Regulations

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Health Law and Regulations
Health Law and Regulations
Crystal Young
HCS 545
October 3, 2011 Louise Underdahl

Health Care Regulation Regulation plays a major role in the healthcare industry and healthcare insurance coverage. Through various regulatory bodies, the Department of Health and Human Services protects the public from a number of health risks while providing programs for public health and welfare. Agencies like the Centers for Medicare and Medicaid (CMS), Health Insurance Portability and Accountability Act (HIPAA), Agency for Healthcare Research and Quality (AHRQ), the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and many others protect and regulate public health at every level ("Fierce Healthcare", 2011). There are many aspects and areas of regulation relating to healthcare, including the regulations of physicians and practitioners, financiers, drug and healthcare products, healthcare institutions, hospitals, and public health and research facilities. With healthcare being one of the most regulated industries in America, every aspect of the system is subject to inspection of the federal and state level. The regulatory agencies have good intentions of developing a healthy nation and population; however, they are sometimes viewed as working against their goals and objectives. Some regulations are too restrictive and have compromised the type of healthcare provided to the general public; some have even hindered the efficient delivery or medical care (Government’s Regulation on Healthcare and its Effects on the System).

The Role of Regulatory Agencies The role of the U.S. government in health policies and programs has its roots in the Constitution. According to Lawrence A. Gostin, the Constitutional design reveals a plain intent to vest power in the government at every level to protect community health and safety. By its very first sentences, the Constitution provides



References: Field, I. R. (2007).Health Care Regulation in America: Complexity, confrontation, and compromise. Oxford University Press US Fierce Healthcare. (2011). Retrieved from http://www.fiercehealthcare.com/topics/healthcare_regulation.asp Gostin, L. O. (2000). "Public Health Law in a New Century, Part 1: Law as a Tool to Advance the Community 's Health." Journal of American Medical Association 283:2838. Government’s Regulation on Healthcare and its Effects on the System. (n.d.). Retrieved from http://www.academicwritingtips.org/component/k2/item/2311-government%E2%80%99s-regulation-on-healthcare-and-its-effects-on-the-system.html?tmpl=component&print=1 Privacy Rights, (2010). Medical Privacy in the Electronic Age. Retrieved on 26th August, 2010 from http://www.privacyrights.org/fs/fs8a-hipaa.htm.

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