Examination of Health Care Laws and HIPAA Violation

Examination of Health Care Laws and HIPAA Violation

The health law field currently has undergone, and will continue to undergo, enormous change. Among the multitude of challenges are legal implications that come with electronic health records (EHRs), payments based on patient outcomes, mergers, fraud, insurance disbursements, and antitrust laws—just to name few. In addition, disruptive medical innovations, such as biotechnology and treatment research, have created new concerns over ethics and privacy.

To perform proficiently as a health care administrator, the current environment requires that you have an understanding of key health care laws such as the following:

• Stark Law.
• HIPAA for Professionals.
• HITECH Act Enforcement Interim Final Rule.
• Emergency Medical Treatment & Labor Act (EMTALA).
• A Roadmap for New Physicians: Fraud & Abuse Laws; Anti-Kickback Statute.
• The Genetic Information Nondiscrimination Act of 2008.

INSTRUCTIONS

In this assignment, imagine you work as an administrator in a hospital or health care organization. You are being considered for a promotion and are being asked to prepare a report for senior leadership that demonstrates your knowledge and interpretation of one of the above-mentioned health care laws.

To complete this report, select a court case where one of these health care laws was violated. Write an analysis of the law and the selected case following the SESC formula: State, Explain, Support, and Conclude. Be sure to also address how organizational leadership in the selected court case could move forward to ensure that the health care law isn’t violated again in the future.

STRAYER WRITING STANDARDS

This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course.

GRADING CRITERIA

The grading criteria for this report is as follows. It must include the elements listed below, so be sure to address each point. You may also want to review the performance-level descriptions for each criterion in the scoring guide to see how your work will be assessed:

1. Analyze a court case where a health care law violation occurred.
2. Analyze the health care law that was violated in the selected case.
3. Evaluate the implications of the selected law on the health care system.
4. Recommend how the hospital should protect against another violation.
5. Support your thesis statement following the SESC formula (State, Explain, Support, and Conclude).
6. Use at least three peer-reviewed articles less than five years old.
7. Provide appropriate in-text citations and reference section.
8. Meet clarity, writing mechanics, and formatting requirements.