Assignment 1: Health Policy And Law Basics Due Week 3 561447

Assignment 1: Health Policy and Law Basics Due Week 3 and Worth 150 Poi

Specify whether you would utilize the professional autonomy, social contract, or free market perspective as the paradigm to design the structure of your new center. Debate at least two (2) advantages and two (2) disadvantages of your chosen perspective. Provide at least two (2) examples of your perspective in action to support your response. Analyze the key components of three (3) sources of law related to the effects that each source could potentially have on your healthcare organization’s new initiative.

Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting requirements: This course requires use of new Strayer Writing Standards (SWS). The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details.

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow SWS or school-specific format. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: Describe the evolution of hospitals and sources of law. Examine tort law and the criminal aspects of health care. Use technology and information resources to research issues in healthcare policy, law, and ethics. Write clearly and concisely about healthcare policy and law using proper writing mechanics.

Paper For Above instruction

Introduction

Launching a new ambulatory care center requires careful consideration of the legal and ethical frameworks that will guide its operations. Among the various paradigms available, the social contract perspective offers a comprehensive approach that emphasizes mutual agreements and societal expectations in healthcare delivery. This paper explores why adopting the social contract paradigm is advantageous, its potential drawbacks, and how it can be effectively implemented. Additionally, the paper examines three key legal sources impacting healthcare organizations to understand their influence on establishing a new healthcare initiative.

Choosing the Social Contract Perspective

The social contract perspective views healthcare as a societal agreement where obligations and rights are shared between providers, patients, and the state. This paradigm emphasizes the collective responsibility to ensure equitable access, quality, and accountability. As a COO, aligning the new ambulatory care center with social contract principles ensures that the organization operates transparently, ethically, and in service of societal needs.

Advantages of the Social Contract Perspective

First, it promotes equitable access. By recognizing that healthcare is a societal right, the organization is motivated to serve diverse populations regardless of socioeconomic status (Childress et al., 2002). This approach can enhance community trust and improve health outcomes. Second, it fosters accountability. The social contract underscores the importance of upholding professional standards and societal expectations, leading to higher quality care and ethical practices (Beauchamp & Childress, 2013).

Disadvantages of the Social Contract Perspective

One challenge is the potential for increased regulation. Societal expectations may lead to stringent oversight, limiting organizational flexibility (Bishop et al., 2005). Additionally, balancing differing societal values can be complex; what is equitable in one community may not be in another, creating conflicts and implementation challenges (Gostin et al., 2011).

Examples in Action

For example, the Affordable Care Act reflects social contract principles by expanding healthcare access and emphasizing shared responsibility among government, providers, and patients (Obama, 2010). Another instance is community health programs that prioritize underserved populations, exemplifying societal commitment to equitable care (Rosenau et al., 2010).

Legal Sources Influencing Healthcare Initiatives

Legal frameworks significantly impact healthcare decisions. The Constitution provides the foundational authority for health policies, especially through the Commerce Clause enabling federal regulation of healthcare markets (Harrington, 2013). Statutes like the Affordable Care Act set legal standards for coverage and delivery. Regulations issued by agencies such as the Department of Health and Human Services (HHS) enforce compliance with federal mandates. Judicial decisions, notably court rulings on tort law and constitutional rights, shape liability and patient protections (Mello et al., 2010). Together, these sources create a complex legal environment that influences how healthcare organizations operate and implement new initiatives.

Conclusion

In conclusion, adopting the social contract perspective provides a values-driven framework that emphasizes societal obligations and trust in healthcare. While it offers substantial benefits like improving access and accountability, it also entails challenges related to regulation and societal value conflicts. Understanding the legal sources that influence healthcare policy allows organizational leaders to navigate legal complexities effectively, ensuring compliance and ethical integrity in launching new healthcare services.

References

• Beauchamp, T. L., & Childress, J. F. (2013). Principles of Biomedical Ethics (7th ed.). Oxford University Press.
• Bishop, C. E., et al. (2005). Healthcare Ethics and Law. Jones & Bartlett Learning.
• Childress, J. F., et al. (2002). Public Health Ethics: Mapping the Terrain. Journal of Law, Medicine & Ethics, 30(2), 233-246.
• Gostin, L. O., et al. (2011). Public Health Law: Power, Duty, Restraint. University of California Press.
• Harrington, D. (2013). American Health Care Law and Ethics. Aspen Publishers.
• Mello, M. M., et al. (2010). Legal and Ethical Challenges in Health Care. Oxford University Press.
• Obama, B. (2010). Remarks on the Affordable Care Act. Official White House Transcript.
• Rosenau, P. V., et al. (2010). Toward a New Era of Health Policy Leadership. Journal of Health Politics, Policy and Law, 35(2), 247-262.
• U.S. Department of Health & Human Services (HHS). (2016). Regulations and Policies. HHS.gov.
• Williamson, J., & Cooper, L. A. (2020). Racial Disparities in Healthcare and Policy Responses. Journal of Racial and Ethnic Health Disparities, 7, 1031–1040.