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Running Head: HEALTH CARE LAWS AND REGULATIONS 1

HEALTH CARE LAWS AND REGULATIONS 2

Table of Content

Abstract ………………………………………………………………………………………... 4

INTRODUCTION .……………………………………………………………………............. 5

Background …………………………………………………………………………….. 5

Objectives of the study ……………………………….………………………………… 6

Problem statement ………………………………………………………………………. 7

Purpose of the study ………………………………………………………………….. …7

Significance of the study ………………………………………………………….……. 7

Research questions ……………………………………………………………………... 8

LITERATURE REVIEW ……………………………………………………………………… 8

HIPAA Laws …………………………………………………………………………... 8

Importance of following laws and regulations ………………………………………… 10

How patients benefit from health laws and regulations ………………………………. 11

RESEARCH METHODOLOGY AND DESIGN …………………………………………..... 11

How failing to follow law can impact society ……………………………………....... 11

Staff interview ……………………………………………………………………….. .12

Interview with patients ……………………………………………………………….. 14

Procedures of collection ……………………………………………………………… 15

Findings ……………………………………………………………………………..... 17

Data analysis ………………………………………………………………………….. 18

Conclusion ………………………………………………………………….………………… 19

Recommendations ……………………………………………………………………………. 19

References ……………………………………………………………………………………. 22

Abstract

The government has come up with various bodies that are supposed to be in charge of different sectors in the society. The health sector is one of the most sensitive sectors of the society. There are various bodies that have been founded so has to ensure development in the health sector. One of these bodies is HIPAA. This body has come up with various laws and regulations that ensure all people in the society know their purpose in the improvement of the health sector. There are consequences in case a person or an organization violates any of the laws.

These laws have made health providers and other people to avoid some activities such as online marketing because they are afraid of violating the law. Health providers need to stop being afraid because they can carry out online marketing as long as the content involved is ethical. Research was carried out, where health providers and patients were taken as the subjects of the study. The results of the study showed that health laws and regulations have helped in improving the quality of health services provided to the society. There has also been a decline in the mortality rate since there has been the implementation of safety measures. This research will help people to understand various health laws and regulations, and how they have impacted the society. One of the laws is the privacy law whether the health condition of a person should be a secret unless the patient decides to share it with people. The other law that will be explained in the research is the occupational safety law where organizations have to meet certain safety standards so as to be certified as safe working environments for the people.

Introduction

Background

The health sector is one of the most important sectors of the society. This is because it takes care of the well-being of the people, and it is also pivotal to the functionality of other sectors (Miller, 2009). For example, the security sector would not achieve its optimum productivity if people were not healthy. The government has come up with various bodies that are supposed to create laws and regulations that govern the health sector, and also ensure that the formulated laws are followed by all health providers. HIPAA is one of the government groups that ensure that all the laws are followed, and in case any health provider violates any of the laws they will face charges according to the law. This has made most of the health providers to be cautious in their actions because they may be against the law.

Health care institutions are also businesses, and they are in need of advertisements. However, the advertisements that are carried out by these institutions have to be ethical. This is because they should not be demeaning the patients or other people of the society. Hospitals also cannot use the records of a patient in advertising itself unless the patient gives the hospital the "go-ahead." This has made most of the health providers to be afraid of what to advertise and what to exclude. However, advancement of technology has enhanced online marketing of businesses. This has made health providers to use technology in advertising themselves online. This has received mixed reactions from the society since some people think the online marketing of health providers is unethical while others find it a good strategy in improving the stature of our hospitals.

Objectives of the study

The first objective of this research is to find out the government bodies that are in existence in ensuring that there is an improvement in the health sector. This information will help in understanding the powers of each body. The other objective of carrying out this research is to understand the misconception due to HIPAA laws, and also to find out how health providers use medical records in marketing themselves. This is because there has been a lot of confusion since the formulation of the HIPAA laws on what is ethical and not according to the regulations. The third objective of this research is to understand how the health laws and regulations have impacted the health sector. State and local agencies are often closest to the actual provision of health care and the most sensitive to regional needs. (Fields 2008). This is because the laws could have affected the sector either positively or negatively. The final objective of the research is to come up with conclusions on the research questions according to the answers provided after carrying out interviews with both staff and patients.

This is important research because it will help the society in various ways. The first importance of the study is that it will help in health providers to understand how laws and regulations have impacted their sector. This is also vital in that health personnel will understand the laws of HIPAA, and eradicate the misconception that came as a result of the formulation of HIPAA laws. This is important because health providers will have a clear mind on how to carry out activities so as to improve the health of the society. Under the OSH Act, employers are responsible for providing a safe and healthful workplace (OSHA 2015).

Problem statement

The problem statement of the research was “misconception of how health care providers work around health laws and regulations.” This will be done by focusing on how health laws and regulations have impacted the working conditions of health providers.

Purpose of the study

The main purpose of this study is to understand health laws and regulations, and understand their importance in the society and whom they protect. This is because there are many people in the society who do not understand the health laws, and how they protect them. For example, most people of the society do not understand the privacy law. Therefore, the purpose of this research is to help in understanding health laws, and the groups of people who are protected by them.

Significance of the study

The first significance of the study is that it will help organizations in understanding the importance of occupational safety regulations. This is because the regulations were formulated after a series of injuries at workplaces. The findings on whether these regulations have helped in reducing the number of injuries will help in improving the working conditions in most organizations. Health facilities are also organizations, and this research will help health providers to understand how they can improve the working environment for improved health in the facility.

The other importance of the study is that it will help in sharpening my understanding on the topic. This is because I am an employee, and understanding the safety regulation in a workplace will help me in knowing how to implement them. This research will also help in understanding all the health laws and regulations that govern the sector. As a professional in this sector, it is important to understand all the laws so that one can know how to implement them. It is important for all health providers to act ethically while pursuing their duties. This research will help in explaining to the health providers why it is important to be ethical.

Research questions

The research questions that will help in carrying out the study include; what are the government bodies that help in trimming the health sector in the country? What misconception is in existence due to HIPAA laws and regulations? Has healthcare improved after formulations of laws to govern the health providers (main research question)? How has the formulation of laws affecting the online marketing of health providers? Has the mortality rate reduced after the implementation of the laws and regulations governing the health sector? Has occupational management reduced the number of accidents and illnesses in the workplace due to HIPAA laws?

LITERATURE REVIEW

HIPAA laws

There are several laws that have been stipulated by HIPAA. These laws and regulations are meant to improve the healthcare of the country, and reduce the mortality rate. One of HIPAA laws is the privacy law. This is a law that ensures that a patient’s condition(s) are kept a secret unless he (patient) has allowed the health provider to give out the information (Simon, Bruno, Grossman & Stamm, 2006). This is because a person’s health condition is his personal concern. There are people who have been traumatized because of how people react when they recognize their health condition. For example, there are people who have been rejected by other people of the society because it was disclosed that they were HIV positive. This was what the government was trying to fight against because there were very many people who were traumatized, making others commit suicide. It is against HIPAA the law for health personnel to use a person’s health condition in marketing themselves. This is because there are heath providers who would use the medical report of people who had visited the hospital in the past to market their services to the public.

Employers are the other group of people who are affected by the privacy rule. This is because they are not supposed to disclose any health information about an employee that could lead to people knowing the individual who possesses the disclosed information (Miller, 2009). The rule also prohibits employers from storing the files that contain health information of employees with other files that contain other information. This is a preventive measure in case a person may come looking for a file and may see a health condition file. An employer can acquire health information from an employee, but he cannot get it from the employee’s health provider. This is because in case the health provider discloses the information to the employer he will be violating the privacy rule.

The other law that is stipulated by HIPAA is the occupational safety regulation. There are safety and health standards that have to be met by each workplace. The standards are not constant for all workplaces. These regulations were formulated because employees were going through tough conditions while at work, and the government had to come up with laws that ensured the safety of employees. In case there are a health or safety issues when an employee is at work then the employer will take full responsibility (Miller, 2009). For example, in case an employee falls and breaks his leg will carrying a load at workplace due to the slippery floor then the employer will cater for all the medical bills and compensations for the worker.

Importance of following laws and regulations

It is important for the health providers to follows health laws and regulations because of various reasons. The first reason is that following the laws and regulations will help in reducing the mortality rate in the country (Simon, Bruno, Grossman & Stamm, 2006). This is because there are many people who die from careless mistakes that are committed by the health providers. Health laws and regulations are formulated so that there can be improved health measures in health facilities. Health providers are the people who ensure that we have a healthy society. In case they do not follow the laws and regulations then the health sector will be in jeopardy leading to an increase in mortality rate. In case they follow the laws then there will be a decline in the number of deaths in the society.

The other importance of health worker following health laws and regulations is that they will help the society in understanding these laws, and also motivate people on how to adhere to the set standards (Miller, 2009). This is crucial because the society looks up to the health providers for all information and guidance regarding health issues. In case health providers will be following the laws then the society will be motivated to follow. Health workers are the leading example of the society when it comes to health. The final importance of health workers following health laws and regulations is that there will be an improvement in the quality of health services provided in the health facilities. This is because all activities that will be carried out in the hospital will be adhering to the law. For example, how the disable people and the elderly are handled in the health facilities will in the standards that are stipulated by the law. Therefore, health providers should be the people who should be insisting on adherence to the health laws and regulations for the development of the health sector in the society.

How patients benefit from health laws and regulations

Health laws and regulations have helped patients in various ways. First, the information about the health condition of patients has been kept as a secret. This is important in preventing cases of people being "shut" out of the society because of their health condition. Other people are mocked because they have a certain medical condition. This has helped in reducing the number of cases of patients who are stigmatized due to mockery. Therefore, the law of medical information privacy has helped in safeguarding the information of patients.

The other way in which health laws and regulations have helped patients is by improving the quality of services that are provided to the patients. This is because health laws ensure that health providers have certain standards in the premises for improved health services. This is of importance because in case the law was not in place then some patients would be neglected by the health providers leading to poor health services. Therefore, law and regulation have helped in improving the quality of services provided by health workers.

RESEARCH METHODOLOGY AND DESIGNS

How failing to follow law can impact the society

Failing to follow health laws and regulations can to various negative implications in the society. First, failing to follow laws and regulations would lead to a decline in the quality of health services provided in the society. This is because health providers would not be striving to ensure that quality is attained in all health facilities (Miller, 2009). For example, without the laws then a hospital may decide to reduce the number of subordinate staff in a process to reduce costs. This would lead to a dirty working environment since there would be no people to clean the facility to attain the required standards.

The other way in which failing to follow health laws and regulations would raise compliance concerns is that workplaces would experience an increase in injury and illness cases. Implementing laws and regulations in organizations mainly lead to an increase in costs. Failing to follow the lows means that the health working standards of a workplace will be poor leading to increased illness cases (Simon, Bruno, Grossman & Stamm, 2006). This would be a concern in the society because there would be the need for strategies on how to reduce the health issues in workplaces. Aligning of compliance with corporate strategy and goals; Creation of a coordinated approach to compliance (Fody 2004). Therefore, health laws and regulations have led to an improvement in the health sector in the society. Failing to follow them would lead to a decline in the living standards, which would affect most of the main sectors of the society.

Staff interview at Excelt Health Facility New Orleans, LA

Researcher: Hi, thank you for agreeing to have this interview with me.

Staff member (identity withheld Physician Assistant): It is my pleasure to be here.

Researcher: What is the general overview of your understanding about health laws and regulations?

Staff member: Health laws and regulations are the set standards by the government health law enforcing bodies like HIPAA with the goal of improving the quality of health services offered in the society.

Researcher: Have these laws helped in improving the health sector in the society, or there is no reasonable change as before they were formulated?

Staff member: These laws and regulation have helped in improving the health sector greatly. This is because health providers are cautious on the activities they get involved in because they are afraid of going against the law. Employers have also been alerted on the consequences that can follow then in case they do not adhere to the standards set by the law.

Researcher: Has the mortality rate reduced?

Staff member: Yes, the mortality rate has reduced by a huge percentage. This is because between 2001 and 2015 mortality rate has reduced by 20%.

Researcher: What is the reception by the health providers towards these laws?

Staff member: There is a mixed reaction by health providers towards these laws. This is because some think that these laws help in improving the health sector while others think that they (laws) are tedious and “suffocating” health providers. They think that they should be given freedom to carry out their activities. For example, most health providers avoid certain activities like online marketing because they think that these activities may be against the law.

Researcher: How have these laws impacted marketing by health providers?

Staff member: Marketing has reduced in health organizations. As said earlier, most health providers are afraid of carrying out certain activities because they may be against the law. Health providers do not know the information to include in their marketing and what to exclude. They mainly rely on their records to market themselves.

Researcher: Thank you for your time. Have a nice day.

Staff member: You are welcome. Have a nice day too.

Interview with patient (Identity withheld)

Researcher: Hi, thank you for finding your time to come and have an interview with us.

Patient: Am glad to be here, thank you.

Researcher: What understanding do you have on health laws and regulations?

Patient: I am not conversant with all the laws and regulations, but I know the main ones. These are the stipulations and standards that have been set by the government to ensure that health services provided are of the required quality and that there is an improvement in the health sector.

Researcher: which is your favorite health law?

Patient: Privacy law.

Researcher: Why privacy law?

Patient: This is because it helps in safeguarding the health conditions of a person. The condition of a person should be confidential since that information can be received in different ways by people. For example, if you have a chronic disease there are people who will be sympathetic while others will avoid you. These reactions can cause stigma. Therefore, this information should be a secret as stated by the law, unless the patient decided to disclose it.

Researcher: Do you think these laws and regulations have helped in improving the quality of health services provided in the society and reduced the mortality rate?

Patient: The quality of health services has improved by a big percentage due to the formulation of these laws. This is because health providers have to strive at maintaining the required health standards or they may be fined. This is the drive that was needed in the health industry to help in improving health sector. Patients are receiving quality healthcare leading to a reduction in the mortality rates. Quality standards lead to a quality society.

Researcher: Thank you for this interview and have a nice day. Have a quick recovery.

Patients Thank you too and have a nice day.

Procedures of Collection

Research requires the researchers to come up with research methods that will provide them with information that will have minimal variations, and also high accuracy. The methods that were used in carrying out this research were carrying out interviews, administering questionnaires and research from secondary materials like journals in the library. Interviews and questionnaires were appropriate for the research because they helped in recording first-hand information (CUR Focus 2016). This is because subjects of the interview were patients and health facility staff members. These are people who are directly affected by the health laws and regulations.

Secondary sources were necessary for the research because they helped in comparing the findings of previous researches with the research under surveillance .Research, data collection and analysis are critical to effective advocacy efforts and resource mobilization, programme development, policy implementation and monitoring of interventions (Un women 2012)..These comparisons helped in understanding the changes that have occurred over time, and the similarities in the findings helping in accuracy testing. When carrying out the interviews, researchers ensured that there was not communication between the subjects before the interview and questionnaires were over. This was to ensure that there were no people who were manipulated by others in providing answers. Researchers used 15 staff members and 15 patients as subjects of the research. This was an ideal number because there were enough answers to compare, and also the subjects were not very many to make the collection process difficult. When carrying out secondary research in the library, researchers decided to use different written materials for the purpose of comparison. Using one material would reduce the probability of accuracy of the findings because there were no other authors who were in support.

Researchers have to be cautious when determining the research methods of a study and the subjects to use (Fao.org. 2016). This is because this is the step that determines whether the conclusions of the research will be valid or not. For example, in case researchers use wrong subjects for the research then they will collect wrong information that will lead to wrong findings and conclusions. The data that was collected after use of the above-explained procedures was recorded for the purpose of analysis. The analysis step helps in understanding the findings and drawing conclusions.

Findings

75% of the subjects said that health laws and regulations have helped in improving the services rendered to patients by health providers. 20% said that health sector had not improved while 5% had no information about laws that governed the health sector. 85% of the subjects admitted that health laws and regulations have helped in reducing the mortality rate. 13% said that they did not experience any change in mortality rate while 2% of the subjects said that they had no idea regarding mortality rate statistics. The final graph shows the effect of health laws and regulations on the marketing by health providers. 60% of the subjects explained that these laws had reduced marketing by health providers. 30% of the subjects said that these laws and not affected marketing while 10% of the subjects did not have information on the effect of the laws and regulations on marketing by health providers. The collected information was put in graphs for analysis, and also for comparison so as to help in making conclusions regarding the research.

Data analysis

Conclusion

The above-expressed findings show that formulation of health laws and regulations have helped to improve the quality of health services provided at health facilities. This is because health providers are pressed to ensure that they provide health services according to the standards and regulations that are set (Simon, Bruno, Grossman & Stamm, 2006). These results also show that these laws and regulations have reduced marketing by health providers because they are afraid of going against the law. The conclusion from the findings is that health laws and regulations have helped in reducing the mortality rate in the country. This is due to the improvement in the quality of health services in hospitals, and safety measures (Salm 2016).

Recommendations

There are various things that can be done so as to advance the improvements that have come as a result of health laws and regulations. The first recommendation is that HIPAA should come up with documentation on the things that can be done by health providers (Simon, Bruno, Grossman & Stamm, 2006). This is because there are many people who are afraid of marketing themselves and their health facilities because they fear to go against the law. This can be strengthened by the government organizing training for health providers so that they know understand all the laws and regulations. This is because fear comes as a result of failing to understand all the requirements of the law.

The other recommendation is that the government should take the initiative of training the public the health laws and regulations. There are very many people in the society who have no understanding of the various health laws. Training the society will help people to know the things they expect in health facilities and also workplaces (Miller, 2009). For example, employees will be able to know the standards that have to be met at the workplace for the sake of their safety. Patients will also have the knowledge of the standards that have to be met in health facilities to improve health. The results of the research show that there are people in the society who do not understand the health laws and regulations. The training should also provide people with guidelines in how they can forward claims in case the laws and regulations are not followed by health providers and employers.

The other recommendation that can help in improving the health and safety in the society is by formulating strict punishments for people who violate health laws. This is because there are people who avoid the law with the aim of minimizing their organization’s costs. For example, an employer can fail to buy fire extinguishers for his organization so as to reduce cost and maximize profits. The consequences of violating the health laws and regulations should be strict so that there can be a maximum implementation of the law.

In conclusion, health laws and regulations have been pivotal to the development of the health sector. This is because the laws have made health providers to be cautious with their actions (Miller, 2009). This is because there are many health providers who were being involved in cases which were dragging the health sector to the ground. The law has helped all groups of people to know what is required of them in improving the health status of the country. People should understand the importance of these laws, and follow them for the betterment of the current and future generation. Improvement of the health sector leads to the improvement of all the other sectors of the society. Health providers should also understand the laws fully so that they may not be afraid of carrying out certain activities like marketing in fear of being punished. As long as the content contained in the advertisement is ethical, then health providers can involve themselves in online marketing.

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impact on improvement of health quality has improved no change no idea 75 20 5 Impact on mortality rate has reduced no change no idea 85 13 2 Marketing has reduced Category 1 Category 2 Category 3 60 no change Category 1 Category 2 Category 3 30 no idea Category 1 Category 2 Category 3 10