Instructor Center Assignment 1: Health Policy And Law Basics

Instructor Centerassignment 1 Health Policy And Law Basicsdue Week 3

Write a 2-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 ambulatory care center. Debates 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.

Paper For Above instruction

As the chief operating officer of a hospital tasked with opening a new ambulatory care center in my city, I would select the social contract perspective as the foundational paradigm for designing the structure of this new healthcare facility. The social contract perspective emphasizes the mutual responsibilities between healthcare providers and society, focusing on ensuring ethical standards, social justice, and community trust. This approach aligns with the obligations healthcare organizations have toward societal well-being and equitable access to care, fostering a community-centered model that prioritizes patient needs and societal values.

One of the primary advantages of adopting the social contract perspective is that it promotes ethical accountability. It creates a moral obligation for the healthcare organization to serve the community's best interests, ensuring that patient safety, quality care, and equitable services are prioritized. For example, implementing community health programs that target underserved populations exemplifies the social contract in action, demonstrating a commitment to societal well-being beyond profit motives. Another advantage is that this perspective fosters public trust, which is essential for the hospital's reputation and successful healthcare delivery. By transparently engaging with the community and maintaining high ethical standards, the organization can build robust relationships and enhance cooperation with public health entities.

However, there are disadvantages as well. One challenge is that adhering strictly to the social contract may lead to increased operational costs, as the hospital might prioritize community needs that do not generate immediate financial profits. For instance, providing extensive outreach programs or subsidized services can strain resources. Additionally, the social contract perspective can sometimes conflict with regulatory or legal requirements, complicating implementation. For example, compliance with complex healthcare regulations might limit flexibility in fulfilling community-oriented initiatives, creating potential legal barriers that inhibit the full realization of this paradigm.

In practice, the social contract can manifest through the hospital's engagement in community health assessments and the development of programs tailored to public health needs. For example, the hospital might partner with local schools to promote health education or organize free screening clinics. These initiatives mirror societal expectations of healthcare institutions as responsible social entities committed to the well-being of their communities, exemplifying the social contract in action.

Regarding the legal framework affecting my healthcare initiative, three key sources of law include statutory law, administrative law, and case law. Statutory law encompasses laws enacted by legislative bodies, such as the Affordable Care Act, which influences healthcare coverage and funding decisions. Administrative law involves rules and regulations established by agencies like the Centers for Medicare & Medicaid Services (CMS), impacting operational protocols, reimbursement processes, and compliance standards within the hospital. Case law results from judicial decisions that interpret statutes and regulations; for instance, court rulings on malpractice cases or patient rights set precedents that shape hospital policies and liability management.

The interaction of these legal sources could significantly influence the development and operation of the new ambulatory care center. For example, statutory mandates might require the hospital to implement specific patient safety measures, while administrative regulations could necessitate adherence to reporting and documentation standards. Judicial decisions may influence how the organization addresses liability issues, ultimately impacting risk management strategies. Understanding these legal sources helps ensure compliance, minimize legal risks, and align hospital practices with evolving legal standards.

References

• Stephens, C. (2020). Healthcare law and ethics. Jones & Bartlett Learning.
• Gellhorn, E., Byock, G., & Spitzer, R. (2018). Law and the healthcare professional. Oxford University Press.
• American Hospital Association. (2021). Principles of healthcare law and regulation. AHA Publishing.
• Kern, L. M. (2019). Legal issues in healthcare management. Health Law Journal, 32(4), 45-59.
• U.S. Department of Health & Human Services. (2022). Healthcare regulations and compliance. HHS.gov.
• Friedson, A. M. (2019). Professionalism and health law. Journal of Health Politics, Policy and Law, 44(4), 541–565.
• Burke, C. T., & Zuckerman, J. N. (2020). Healthcare compliance and legal risks. Routledge.
• American Bar Association. (2021). Proceedings in health law: An overview. ABA Publishing.
• Walsh, E., & McDonald, P. (2017). Healthcare policy and law: A practical approach. Springer Publishing.
• Holmes, T. H., & McCrane, A. D. (2019). Navigating legal compliance in healthcare. Journal of Legal Medicine, 40(2), 133–147.