HeathCare
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DownloadHealthcare Laws
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Abstract
Healthcare plays a critical role in enhancing the quality of life of people. However, various healthcare laws are available that govern the administration and the delivery of the healthcare services. Affordable healthcare act is an example of healthcare laws. The different primary sources of law are apparent in the paper. The constitution, court decisions, statutes as well as the administrative law is the primary sources of law.
The constitutional structure can be written or unwritten depending on the country. Equality in the healthcare service is an apparent human right. Social discrimination is not encouraged in the constitution in the aspect of healthcare delivery. Administrative laws are also essential in defining how an institution should execute its mandates. The bill establishes the commission board of a particular body that can manage an organization. The paper explores the primary sources of law about the healthcare. Examples of the healthcare laws are also apparent in the paper.
Introduction
A primary source of the law entails the law statement from the government entity for instance legislature. The healthcare laws are critical in defining the healthcare service provision (Barabas, 2002). Courte decisions including the opinions on affordable healthcare are also forms of the law. The various types of primary sources of law include the constitution as well as the court decisions. The regulations are vital in the decision-making process, and they improve the running of the governing body.
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The paper describes the primary sources of law and the relationship with the healthcare.
The secondary sources discuss the law hence allowing readability. However, newspapers can also contain the regulations regarding the healthcare. Seeking medical treatment can be a challenging affair hence the need to navigate through the patient’s rights. Some laws protect the patients and help them get the necessary medical care. However, some regulations can prescribe on how a patient should choose a physician. The various parts of the primary sources of law such as the constitution are apparent in the paper.
Healthcare Laws
Regulations such as the emergency medical treatment act are critical for the provision of the emergency services. However, the law can advocate for the use of the medical screening during the emergency conditions. Other requirements include the quality improvement. The legislation enhances the quality of service delivery in the medical institutions. Healthcare acts can also add the insurance coverage for the patients. The insurance act is intended to improve the healthcare system. Protection of the patient personal information is apparent in the law.
The healthcare professionals must observe the regulations to avoid the violation of the patient’s rights. The law provides the patient with the right to access the healthcare records. However, the patient can request for corrections if there are mistakes present in the data.
Primary Sources of Law
Court Decisions
The court opinions are a primary source of law. The court interprets the statutes as well as the executive rules. The court can provide an idea in case of a dispute between various entities. Case laws are useful to the advocates as they can help influence the judge’s decisions. The court can invalidate the regulations and the ordinances which are unconstitutional. However, the legislature can abolish and amend the laws. Examples of court rulings regarding the healthcare include the Affordable healthcare act.
Statutes
Statutes are primary sources of law which include the law statements enacted by the state as well as the federal legislatures. The statutes contain the title, chapter, and the section number. The organization of the statutes is a published code and the subject. The statute can begin as a bill. However, the proposal can be rejected or approved before it becomes law. The execute body have to sign it for it to be a law. Laws including the tax laws are examples of the statute law. Individuals can be taxed depending on particular aspects to enable meet the demands of the people such as the healthcare needs.
Constitution
The constitution is critical in establishing the government system and defining the government boundaries. It has different parts such as the section number, article as well as the clause number. It can be amended, and the law must have the amendment number. The constitution has to be approved by the public thus enhancing democracy. Amendments to the law are apparent and are known as the bill of rights. The changes in the healthcare sector can contribute to the constitutional amendment. For instance, in the United States, the constitution is a preeminent law source for the America legal system (Martínez-Torrón, 2005). The statutes, as well as the court decisions, have to comply with the regulations. Aspects such as equal access to healthcare services are a law critical to healthcare delivery.
Administrative Laws
These are laws created by the regulatory agencies and operate under the management of the executive body. The administrative regulations are decided by the individuals appointed by the executive such as the president. The rules are useful in elaborating the statutes. The laws contain the title, chapter, and the section number. The rules apply to the agencies that create them. Examples of the organizations include the environment department. However, the laws can be the presence at the towns as well as the county levels to aid in the administration. The office of health can as well have the administrative laws that govern the provision of the healthcare services.
The rules can define particular areas such as the healthcare to reinforce the healthcare standards and settings (Martínez-Torrón, 2005). The administrative law can determine the governmental units as well as the commission board for a healthcare setting.
Conclusion
In summation, laws are critical in providing a guideline on service delivery. The regulations also regulate approaches on various systems, and the rules are amended to enhance efficiency. The healthcare laws help in protecting the patient’s rights including the access to emergency services. The insurance structures are also apparent in the rules thus supporting the patients in curtailing the health cost. It is therefore salient to have healthcare laws that promote healthcare service delivery.
References
Barabas, M. (2002). Healthcare Facilities Accreditation Program: The Recognized Alternative to
the Joint Commission on Accreditation of Healthcare Organizations. JONA’s Healthcare Law, Ethics, And Regulation, 4(3), 48-49. http://dx.doi.org/10.1097/00128488-200209000-00002Martínez-Torrón, J. (2005). Law and Religion in the Spanish Constitution and in the Future
European Constitution. Ecclesiastical Law Journal, 8(36), 97-98. http://dx.doi.org/10.1017/s0956618x00006098
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