2Wk Health Law, Ethics, and Policy

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Week 2

The U.S. Legal System

Last week, you explored ethical theories and principles, as well as your personal and

professional ethics. This week, you will research the foundation of the U.S. legal system.

As you can see in Figure 2, there exists a relationship between ethics and the law.

Although they often overlap, ethics and the law are not interchangeable. It is possible for

an action to be legal but unethical (e.g. selling a Food and Drug Administration approved

pharmaceutical that could cause addiction), or illegal but ethical (e.g., certain actions taken

during the Civil Rights Movement). Nevertheless, what is usually illegal is usually unethical

(e.g., knowingly billing a patient incorrectly). In essence, laws are codified standards of

what society has deemed ethical behavior.

Figure 1. Relationship between ethics and the law

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De Silva, J. (n.d.). Business ethics: The basics.

To appropriately lead healthcare organizations, it is critical that you have a working

knowledge of the legal system. As an executive who understands how laws are created,

you will be able to more clearly understand and anticipate changes to the healthcare

landscape that will impact your organization. In addition to knowing the sources of the

law (constitutional, statutory, and common/case), classification of laws (civil and criminal),

the concept of checks and balances, and the trial process, you must also be familiar with

any rules and regulations that stem from such laws. It is customary for the executive

leadership team to develop an organization’s policies and procedures based on federal,

state, or local laws, rules, and regulations. The classifications of law, and any related

regulations—as well as its implications for policy on the national, state, local or

organizational landscape—will be explored further in subsequent weeks.

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Books and Resources for this Week

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Be sure to review this week's resources carefully. You are expected to apply the

information from these resources when you prepare your assignments.

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Anderson, G. F. (1992). The courts and health

policy: Strengths and limitations. Health

Affairs, 11(4), 95-110. Link

Burnett, D.G. (2001, August 26). Anatomy of

a verdict: The view from a juror’s chair. The

New York Times Magazine. Link

Hitt, M. P. (2016). Measuring precedent in a

judicial hierarchy. Law & Society Review,

50(1), 57-81. Link

USA.gov. (2018, November 23). How laws are

made and how to research them. Link

Kalt, B. C. (2004). Three levels of stare

decisis: Distinguishing common-law,

constitutional, and statutory cases. Texas

Review of Law & Politics... Link

Kerr, O.S. (2007). How to read a legal opinion.

The Green Bag, 11(1), 51-63. Link

Middleton, T. (2013). How to read a U.S.

Supreme Court opinion. Social Education,

77(1), 32–35. Link

Walker, J.M. (2016, February 29).

Commentary No. 15: The role of precedent in

the United States: How do precedents lose

their biding effect?... Link

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Windsor, D. (1984). Review 22—Business

firms and the common law: The evolution of

efficient rule. Southern Economic Journal

(Pre-1986), 51(2), 643. Link

Week 2 - Assignment: Analyze a Legal Case Pertaining to a

Healthcare Issue Assignment

Due June 30 at 11:59 PM

As a healthcare executive working in the United States, you must be familiar with the laws

that govern the U.S. healthcare system. There are instances when a case arises due to a

violation of a previous ethical or legal precedent.

Assignment Instructions:

You will select a healthcare-related case which is based on either constitutional, statutory,

or common law. Please identify the case through a search in the NCU Library resources. In

your analysis, you will:

Describe the legal precedent(s).

Summarize the legal opinion.

Explain how the case relates to the source and function of the law.

Length: a minimum of 5 pages (not including title page and reference page).

References: Include a minimum of 5 scholarly resources to support the case analysis

paper.

Your paper should demonstrate thoughtful consideration of the ideas and concepts

presented in the course and provide new thoughts and insights relating directly to this

topic. Your response should reflect scholarly writing and current APA standards. Be sure

to adhere to Northcentral University's Academic Integrity Policy.

Upload your document and click the Submit to Dropbox button.