Question

Describe how common law has influenced the development of health care in the 21st century. Provide specific examples, and explain some of the common law principles. 200 words

Explain the U.S. federal court system, and provide examples of the types of legal claims within the field of health care over which each court has jurisdiction.200 words

Describe and provide examples of the sources of law in this country. How do they affect health care? 500 words

Answer 1

Describe how common law has influenced the development of health care in the 21st century. Provide specific examples, and explain some of the common law principles.

Common law is a type of legal system in which decisions are made primarily based on precedent. These laws are usually made due to prior court cases and whatever decision that was made by the judge set the standard for how similar cases should be judged. Common law still has a huge impact in the development of the health care system in the 21st century. An example of one of the influence common law still have on the health care system in the U.S. is the Medicare rule, which requires that all hospital keeps patients records confidential. This rule makes sure patients records are protected from unauthorized access. This law allows hospitals to only release patient’s records to authorized person in accordance with the law. Another way common law has influence the 21st century health care system is the doctor-patient confidentiality concept. This law binds a medical professional from revealing what he/she knows about a person medical condition. This law does not only cover what a patient reveals to a doctor, it also covers what a doctor may discovery during an examination or assessment of the patient. Another impact the common laws has on the current health care system is the bill of rights that set civil rights and responsibilities for both patients and health care providers. This law allows patients to be aware of whatever treatment they will be given by their health care provider and they also have to give consent for the treatment or procedure to be done.

Explain the U.S. federal court system, and provide examples of the types of legal claims within the field of health care over which each court has jurisdiction.

The United States federal court system consists of three main levels. They’re the district courts, circuit courts, and the Supreme Court of the United States. The district courts roles are to conduct jury trials in both criminal and civil cases. But in some instances, the district court judges can make a decision with a jury. The judges at the district court roles are to decide question relating to the law. The Circuit Courts are the first level of appeal if one party does not agree with the district court judge ruling and think the judge made an error in handling their case. The Supreme Court of the United States has a very important role in the U.S. government. The Supreme Court main function is to have a check and balance between congress and Executive Branch. The Supreme Court has a very important role to protect the constitutional system of government. This court is the final destination for all cases that pass through the U.S. court system. It also provides protection against laws created by congress that is in violation of the constitution and civil liberties. Federal courts only have jurisdiction in health care field cases that involves the United States has a party to the case. The district court has jurisdiction over healthcare cases that were originally filed in that court. The circuit courts has jurisdiction over cases where an appeal was file by either party of a case and there need to be a higher court review of the case. The Supreme Court has jurisdiction with claims within the field of healthcare if the case involves the Federal government.

Describe and provide examples of the sources of law in this country. How do they affect health care?

In the United States, the primary sources of law are the United States Constitution, state constitutions, federal and state statues, common law, case law and administrative law. The Constitution is the organic law of the country and it is use to define how government are to be organized, and what the power and responsibilities of the government will be. The constitution also helps protect individual liberties. Since the constitution is the blueprint of the entire government, every law that is passed must be tailored to what the constitution says. If any law is passed that is not in line with the constitution, it will be considered unconstitutional and struck down by the Supreme Court.

Federal and state statues are also sources of law in this country. They’re created by the federal and state legislature who are elected officials empower to create laws. Common laws are not laws that are codified or passed by congress. They’re laws that are based on previous court cases throughout the US legal history dating back to the English system. While Case law is laws that come directly from the court decisions, they are made based on what the court has interpreted of the constitution, a statue or the common law. This law can come from both the Supreme Court and the lower court decisions. Administrative laws are laws that deprived from different government agencies. This rule includes rule making for government agencies, or enforcement of certain regulatory agenda.

There are many sources of law in this country that govern the healthcare system. According to SHPDR.org, once congress or a state legislature passes a statue, the agency or agencies responsible for the matter addressed in the statues may write regulations that further clarify the meaning and implementation of the statue. This relate to the health care system because the U.S. Department of Health and Human Services includes agencies that deal with Medicare and Medicaid. Regulations and statues from the Department of Health and Human Services can address the Medicaid provider payment rates, provider participation requirements, and health plan participation requirements. The Federal government plays a vital role and has many affect on the healthcare system. For example, in 2010, President Obama signed into law the affordable healthcare act, which requires all U.S. citizen and legal resident to have a health insurance. This gesture was an attempt for the Federal government to expand healthcare coverage, control healthcare costs, and improve healthcare delivery system. This law affected the healthcare system in a positive way and some may say it has some negative affects also. Some of the benefit of the law were, it slow the rising cost of health care, it covers 10 essential health benefits, it accepted people even if they have an existing condition and children are allow to stay on their parents health insurance. Many people complained about the new law because it affected them in a negative way. Some of the complains were the increase in income tax rate, people who were not using the insurance was still getting taxed, and some people didn’t want to use the coverage, so they decided to pay the taxes instead of using the insurance.