HSA405 Health Care Policy and Law

HSA405 Health Care Policy and Law
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HSA405 Health Care Policy and Law
Healthcare is a sensitive concern in public affairs. It often dominates many political campaigns and strategy meetings. With that said, health-care policy and law are influenced by some factors. These factors include political and economic factors. Over the years, policy and regulations in the health sector have been affected by three perspectives. The perspectives are the social contract, free market, and professional autonomy. The three models are all active. However, some are more dominant in particular areas depending on the legal and political environments.
If I were starting an ambulatory care center in my town, adopting the perspective based on the professional autonomy perspective would be my most preferred option. In this model, the control and regulation of the medical activities will be handled by the medical professionals. This gives them control over things such as the costs of health services offered, the choice of the medication, and what is morally right or wrong (Havighurst, 1990). In case of any wrongdoing, the medical professionals have the responsibility of holding each other accountable. Professional autonomy perspective also gives the right of conscience to the medical professionals.
Giving control to the medical professionals has advantages as well as disadvantages. The natural advantage of this model is that the responsibility is given to the person who has the power to make decisions.

This means that the professionals are not forced to do things that are incompatible with their training and beliefs. Autonomy also improves the self-image of the professionals. In the long-term, this increases the output of the professionals. Furthermore, doctors and physicians are more likely to understand the problems in the sector than a lawmaker in Congress (Havighurst, 1990).
The other advantage is that it encourages collaboration among the medical professionals as they work towards similar goals. They can engage each other on the matters affecting their work and the affairs of the patients. For example, when the professionals are working together, they can demand improvement of the health-care system.
Unlike the social perspective, the professional autonomy places more attention on the needs of individual clients. The result of this is an improvement in the quality of service offered to the patients. However, this also doubles as a disadvantage. The attention given to one patient can be at the expense of other clients (Havighurst, 1990). Eventually, the ambulatory care center can end up serving only those who have the means.
Giving autonomy to medical professionals does not guarantee that all the policies formulated will be in the interests of the clients. The danger of this paradigm is that the medical professionals might come up with plans which are selfish at the expense of the patient’s interests (Havighurst, 1990). An example of the professional autonomy in action is on the sensitive issue of abortion. Doctors have different views on the matter. Some faith-based doctors do not approve it. Some medical institutions allow the doctor to decide whether to perform an abortion or not. Forcing the doctor to conduct an abortion against their beliefs can have serious implications. Another example is the case of Washington v. Glucksberg (1997). The supreme court ruled that physicians are free to decide whether to perform a physician-assisted suicide or not.
Once the ambulatory medical care center is established, it will be governed by various international, federal, and state laws. This will influence the day to day activities at the center. The Emergency Medical Treatment and Active Labor Act (EMTALA) is a sample of these laws. The act requires that all emergencies be attended to regardless of the patient’s ability to pay (Shi & Singh, 2014). Once the center is operational, the act might have financial effects on it.
The Health Information Technology for Economic and Clinical Health (HITECH) Act will dictate and determine the usability and incorporation of technology at the center and the subsequent impact it will bring. The act requires adoption and proper use of technology in health facilities (Shi & Singh, 2014). For example, it recommends maintaining electronic copies of patient records. The center will, therefore, have to prioritize technology in its operations.
Agency regulations will also affect activities at the center. For example, the HIPAA Privacy Rules will affect the ways records are maintained at the center (Shi & Singh, 2014). The rules require that medical records be safeguarded from unauthorized access. The confidentiality of health records will thus influence the design and operations of the center.
References
Havighurst, C. C. (1990). The professional paradigm of medical care: an obstacle to decentralization. Jurimetrics, 415-429.
Shi, L., & Singh, D. A. (2014). Delivering health care in America. Jones & Bartlett Learning. Print.
Washington v. Glucksberg (1997). 117 S. Ct, 2258, 138.