Legal aspects in healthcare administration

Part 1:Hill Burton Act, Emergency Medical Treatment and Active Labor Act (EMTALA) and Patient Protection and Affordable Care Act (ACA)

 

 

Respond to Discussion 1.1, and then provide a primary and follow-up posts to  Discussion 1.2 and Discussion 1.3.

  1. Discussion 1.1: Some of the cases that will be examined in this course are from state courts, while others have been handed down by federal courts.  Why?  When is a matter “settled”?
  2. Discussion 1.2: Review the Hill Burton article above under the “Review” section.  Then, research newspaper articles that were written just before, during and after the Hill Burton Act was passed.  Find one news or magazine article that represents a lack of support for passage of the law.   Share your impressions of that article.  What has the Hill Burton Act achieved to date?  Is it still relevant or needed?
  3. Discussion 1.3:  Review the Solis & Guyer analysis of Moses v. Providence Hospital and Medical CentersInc., cited in the Review section.  Is EMTALA a needed statute?  Why?  Does the facility’s obligation under EMTALA end when the patient leaves the emergency department?

 

 

Hill Burton:  https://www.hhs.gov/civil-rights/for-individuals/hill-burton/index.html

 

 Reform:

 

 

 

Part 2:Federal Regulatory Agencies and State Regulatory Agencies

 

 

 

Review:

Assignments:

  • Discussion 2.1:  You are a senior compliance officer at a medical device company.  The Director of Compliance has requested you review the following two articles:
    (1) Innovation, Risk and Patient Empowerment/FDA Mandated Withdrawal of 23andMe and
    (2) FDA versus Personal Genetic Testing 
    and prepare a short post for the internal employee blog summarizing the FDA’s activities concerning 23andMe.  What role does the FDA play?  Why did it take this action?  How would this apply to products or services you might develop?
  • Discussion 2.2: You live in Shiprock, New Mexico – in what is called the Four Corners Region — and hold a professional license to practice as a physician.  You would like to open satellite offices and offer services in the neighboring states of Utah, Arizona, and Colorado.  Can you?  What federal and state agencies will you need to contact?  Does it matter if you are an allopathic or osteopathic physician?

Additional Resources:

 

Last Updated on February 15, 2021