DUe in two hours

Law

Identify 2 characteristics of the law.

Describe the major difference between the laws (45 to 90 words).

Identify stakeholders involved in law (45 words).

Describe the confidentiality requirements of the law (45 to 90 words).

Identify a law that was enacted to protect confidentiality in the health care industry (45 words).

Describe the impact the law has on the health care industry (45 to 90 words).

Statutory

A law set down by a body of legislature or singular legislator.

Statues may originate with national, local or state legislatures or local municipalities.

Statute laws are written for the private and public sector. Statutory laws can be coded for various sections of state and local governments such as speed limit signs. Statute laws differ from common laws because the laws cannot be “coded” depending on the sector that it represents. It also differs from regulatory law because it must comply with industry standards.

The stakeholders involved in Statutory law are different depending on the specific statute law. Local agencies are involved in the regulations that are dependent on issues that that impact their local area or state. Going back to the speed limit signs. A speed limit can be sixty-five on the freeway in some states as a safe speed however in some areas seventy-five miles per hour may also be considered safe for that area.

The confidentiality requirements are quite stringent in health care. Each state has their own requirements for confidentiality that fall under statutory law. “Also in this category are confidentiality statutes which do not explicitly forbid disclosure, but which protect confidentiality by legally permitting therapists not to disclose information in certain circumstances.”  ("Examples Of Federal And State Laws Affecting Confidentiality", 2017). 

HIPAA (Health Insurance Portability and Accountability Act of 1996) was enacted to protect patient privacy in the health care industry. HIPAA provides security provisions to protect patient information. HIPAA has 5 different titles; title 1, protects patients from losing their insurance due to job loss, title 2, makes it so there are national standards in protecting patient privacy, title 3, involves tax provisions for medical care, title 4, defines health insurance reforms, and title 5, includes standards for company owned life insurance and treatment of U.S. citizens that lose their citizenship for tax purposes.

There are many ways that HIPAA will have an impact on the health care industry. Health care providers need to be more cautious when discussing patient information and to make sure that documentation is done correctly. All employees must follow HIPAA guidelines and stay in compliance with the laws, rules and regulations of HIPAA. If these are not followed, then heavy fines can ensue and termination of employment.

Regulatory

Common

It is said that common law was developed in England primarily from judicial decision based on custom and precedent, unwritten in statute or code, and constituting the basis of English legal system. One of the most distinctive characteristic of common law is that it is the law of the courts made through judicial decisions. One of things about common law is that it can continually evolve as society evolves.

Common law is also known as case law. Judgments passed become new laws and determines new boundaries and distinctions. “Apart from common law and statutory law, there are also the regulatory laws framed by various government agencies that have the authorization to do so once statutes are created by the legislature”. Unlike statutory and regulatory laws Common law is being developed on an everyday basis without causing any fractionalization of society or creating any expense to the state.

The primary stakeholders immersed in common law are the legislators, shopper, and the analysts. The legislators require mandatory information to inform shopper. The shopper need information to provide identity and quantity. The manufacturers and retailers need information to help differentiate / sell the product, comply with legislation and enable traceability of products.