Description and Annotation of Laws in the Healthcare (Research Paper Sample)

HealthCare Law
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Course
Introduction
Law enforcement and implementation seek to regulate human interactions through a framework of set rules that govern and steer individuals towards expected behaviour within social institutions. Provisions, clauses and Acts supplements the set standards while at the same time guiding the implementation procedures and policies for a comprehensive and objective realization of the intended goals. Law enactment and enforcement assume regional, state, or federal aspects upon the intended purpose, coverage and the target, regarding the spelled out provisions. Healthcare and the medical fraternity has rules and regulations that govern the interactions and behaviour of the practitioners, care providers, and the policy makers about their code of conduct while attending to patients and the general public. Strategically, healthcare law seeks to provide rights and protections that ensure individual and comprehensive medical health and care at private and public levels with coverage, quality, affordability, and sustainability is given priority. Ideologically, understanding the different types and sources of law and analysing healthcare Acts will guide this study in conceptualizing healthcare laws, the execution, impacts, coverage and how various provisions affect health institutions and the general public.
Private law explains the rights and freedoms of individuals, with its scope and coverage channelled towards private, personal and confidential aspects affecting families, businesses, or a small group of interest. Public law, on the other hand, conceptualizes rights, freedoms and mechanisms of disputes affecting the general public, the State, or a national agency, but the impacts trickle down to the whole nation. The two types differ in the individualism aspects involved and the target parties with public law focusing on criminal justice, municipality, constitutional and international laws and provisions while private law concentrates in contract, succession, tort, and contractual aspects of the law (Beiter, 2016). In healthcare, private law applies to patient rights such as the confidentiality clauses of the patient’s health records and medical history, informed consent, and the available treatment methods, with violations affecting the practitioner on privacy basis. In this sector, the public law applies whenever the practitioner, the state, policy makers or an agency violates the enacted public and national policies and provisions such as Medicare and Medicaid, thus jeopardizing health standards, violating human rights and those of the general public.
The common law stems from a series of decisive and well-crafted individual proceedings and findings by juries and tribunals, adopted with the view of effecting on future cases as per the understanding of the experts in the specific field and the existing principles and behavior. Statutory law, on the other hand, stems from the implementation and adoption of Acts and provisions emanating from a legislative process with the executive branch taking the role of regulation and enforcement. The administrative law cites its relevance and objectivity in the need by the governments to regulate the social-political and economic aspects of socialization between humans and government agencies. Usually, the law specializes in decision making, policy enforcements, and the adjudicating aspects at administrative levels for regulating government agencies.
The Patient Protection and Affordable Care Act (PPACA) falls under the federal statute of the United States that came into effect on 23rd March 2010 when it was signed into law. The enactment of the Act intended to realize a wider medical and healthcare coverage in the United States due to the discovery that then medical plans such as Medicare and Medicaid, did not offer quality and comprehensive healthcare to the citizens. In other words, PPACA sought to strengthen the institutional capacity of the existing health centers while addressing the human capital factors of the primary physicians in a bid to improve the quality of healthcare and the scope of coverage. Strategically, PPACA calls for the clinical and technological transformations in the health sector coupled with transparent financial practises by the practitioners and health centres to achieve low-cost and affordable healthcare that ensures quality outcomes, accessibility the majority of America’s citizens, and uniformly distributed across all economic and social-political divides. The affordability and patient-protection aspects of the Act requires public and private health insurance companies to cover new applicants (who were not covered previously) with standard and low-cost premiums across the ...