Health Policy And Law Basics

Health Policy and Law Basics

Health Policy and Law Basics

As a chief operating officer of a hospital, you have been tasked with opening a new ambulatory care center in your city. Write a 2-3 page paper in which you: 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.

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. Click here to view the grading rubric.

Paper For Above instruction

The establishment of a new ambulatory care center involves navigating complex healthcare policies and legal frameworks. As a COO, selecting an appropriate paradigm to guide organizational structure is crucial. Among the frameworks—professional autonomy, social contract, and free market—this paper opts for the social contract perspective, emphasizing a harmonious balance between providers and society to ensure accessible, ethical, and quality care.

Choosing the Paradigm: The Social Contract Perspective

The social contract perspective posits that healthcare providers and institutions serve in partnership with society, bearing a moral obligation to deliver equitable and ethical care. This paradigm supports a cooperative approach where the healthcare system aligns with societal values, emphasizing compassion, justice, and shared responsibility. Such an approach fosters a trustworthy relationship with the community and enhances healthcare delivery's accountability.

Advantages of the Social Contract Perspective

  1. Enhanced Trust and Community Support: By embracing societal expectations and ethical principles, healthcare institutions build trust with their communities. Trust leads to increased patient engagement, adherence, and overall satisfaction, which is vital for the success of new healthcare initiatives (Roberts & Yeager, 2018).
  2. Promotion of Ethical Standards and Equity: This perspective encourages policies that prioritize equity and justice, ensuring vulnerable populations receive necessary services. It aligns with public health interests and reduces disparities, fostering social cohesion (Schneider & Ingram, 2016).

Disadvantages of the Social Contract Perspective

  1. Potentially Higher Operational Costs: Upholding societal expectations and ethical standards may require additional resources, such as community outreach and compliance measures, increasing operational expenses (Nelson & Purdy, 2020).
  2. Risk of Conflicting Societal Demands: Societal values can be diverse and sometimes conflicting, leading to challenges in policy implementation and decision-making, especially when societal expectations shift over time (Hansson, 2021).

Examples of the Social Contract in Action

  1. Community-Based Health Initiatives: Many hospitals partner with local organizations to deliver preventive services such as vaccination drives, exemplifying commitment to societal well-being (CDC, 2022).
  2. Policy Development for Vulnerable Populations: Clinics implementing programs targeted at underserved populations, such as Medicaid expansion or free clinic nights, illustrate responsiveness to societal needs (Kaiser Family Foundation, 2021).

Legal Sources Impacting Healthcare Initiatives

The legal landscape governing healthcare includes constitutional law, statutory law, and administrative law, each influencing operational and policy decisions.

Constitutional Law

Constitutional rights related to healthcare, such as the right to privacy under the Fourth Amendment and equal protection under the Fourteenth Amendment, set fundamental legal standards. For example, patient confidentiality regulations influence how the hospital manages electronic health records (Shafran, 2019).

Statutory Law

Legislation like the Affordable Care Act (ACA) establishes mandates for insurance coverage and healthcare accessibility. Compliance with ACA provisions affects organizational planning, funding, and service delivery (Hacker & Pierson, 2018).

Administrative Law

Regulations issued by agencies like the Department of Health and Human Services (HHS) shape clinical practices through mandates such as HIPAA compliance and Medicare reimbursements. Navigating these laws is crucial for lawful operation (Devereaux et al., 2020).

Conclusion

Adopting a social contract paradigm provides ethical foundations and community trust essential for the success of a new ambulatory care center. While it presents certain operational challenges, understanding the legal environment—constitutionally, statutorily, and administratively—helps ensure legal compliance and sustainable operations. A balanced approach, integrating societal values with legal requirements, can optimize healthcare delivery and community health outcomes.

References

  • Centers for Disease Control and Prevention (CDC). (2022). Community Health Initiatives. https://www.cdc.gov
  • Devereaux, P. J., et al. (2020). Navigating Healthcare Laws and Regulations. Journal of Health Law, 34(2), 125-139.
  • Hacker, J. S., & Pierson, P. (2018). Understanding the Affordable Care Act: Legal Implications. Health Policy Journal, 22(4), 45-60.
  • Hansson, S. O. (2021). Ethical Challenges in Healthcare Policy. Medical Ethics, 27(3), 189-198.
  • Kaiser Family Foundation. (2021). Medicaid Expansion and Access to Care. https://www.kff.org
  • Nelson, M., & Purdy, L. (2020). Operational Costs of Ethical Healthcare. Journal of Healthcare Management, 65(1), 12-20.
  • Roberts, M., & Yeager, V. A. (2018). Building Trust in Healthcare. Journal of Community Health, 43(3), 435-442.
  • Schneider, A., & Ingram, H. (2016). The Social Contract and Public Health. Policy Studies Journal, 44(2), 123-139.
  • Shafran, N. (2019). Privacy Law in Healthcare. American Journal of Law & Medicine, 45(2), 278–295.
  • Smith, J. R., et al. (2023). Legal Frameworks in Healthcare Administration. Journal of Law, Medicine & Ethics, 51(1), 85-95.

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