Term Paper on "False Claims Act"

Term Paper 9 pages (2400 words) Sources: 0

[EXCERPT] . . . .

The provisions of the Privacy Rule apply to all forms of health information including, but not limited to, electronic, written, or oral information.

HIPAA privacy law

The Health Privacy Act of 1974 was enacted to prohibit the disclosure of a patient's medical records without the express written consent of the individual to whom the records pertain. Under the terms of the act there are twelve disclosure exceptions all of which are set forth in the context of the statute.

Most patients can be ensured that all their health information is protected as the covered entities under the federal statute include all health insurance companies, HMOs, and government programs including Medicare and Medicaid. The Rule also applies to all health care providers and health care clearinghouses that collect health information for transfer information from one entity into another.

HIPAA provides protection of any information that is prepared by any doctors, nurses, or other health care provider and placed in one's permanent medical records. Also provided protection under the terms of HIPAA are any conversations held with such individuals as long as such conversation involves one's health care or treatment and any billing information generated as a result of such care.

The information in one's medical file can be properly shared for a variety of purposes related to one's care. An example of some of the proper sharing arrangements include any information required for treatment and care; to assist payment for any treatment received from a hospital, doctor, or other health care provider; or to provide information regarding public health concerns of to law enforcement agencies in emergency situations.

The Privacy Rule strictly requires that all health care providers and agencies must put in place safeguards to ensure that all provisions of the Rule are enforced. These safeguards must include rules limiting access to health records and provide proper education to personnel instructing them as to the proper use and release of medical records.

6. Patient Self-Determination Act of 1990

The Patient Self-Determination Act of 1990 requires all medical facilities to provide patients with written notification of their right to refuse or consent to medical treatment. The purpose of this federal statute is to address concerns that patients were not being provided full and accurate information regarding their medical condition and treatment. The consent form that is utilized in conformance with this statute is required to advise the patient as to what the recommended procedure is, why the procedure is being recommended, and what the inherent risks are, and what alternative treatments or procedures might be.

The Act recognizes that there are situations where patients are not able to make their own critical medical decisions. Under these recognized situations, provisions are made so that someone in place of the actual patient is making an informed decision regarding proposed medical care. Each situation is unique the purpose of the Act is to ensure that there safeguards in place that allow someone other than the health care providers involved making the decisions as to proposed medical care. The provisions of the Act encourage all patients to make provision for their preferred course of action regarding medical care. This may include the preparation of power of attorney, providing for the appointment of a surrogate to make necessary decisions, or allowing one's family to make such decisions. Under the Act, however, decisions regarding proper medical care is removed from the province of the health care providers and transferred to the patient and his or her family.

7. National Labor Relations Act

The National Labor Relations Act was a highly controversial law enacted in 1935 in the middle of the depression. The law was intended to address concerns that labor had relative to the right to organize and, if necessary, to strike in order to address concerns relative to the terms of workers' employment. The purpose, simply stated, was to protect the rights of unions.

Under the terms of the act, a National Labor Relations Board was created whose purpose was to enforce workers' right to join unions and to prohibit employers from committing any act that might be construed as an unfair labor practice. An unfair labor practice would be any act that might be construed as discouraging union activity or prevent workers from negotiating a union contract.

The Act also imposed duties on unions that require that unions provide their members with adequate and full representation. Under the terms of the act, workers are permitted to file NLRB complaints against both the businesses that they work for and against the labor unions to which they belong determining what the circumstances of the particular case might be.

The Act was highly controversial when it was enacted and viewed by many as a political maneuver by then President, Franklin Roosevelt, to garner the favor of the labor unions. The enactment of the Act did stir renewed interest in the labor movement but the terms of the Act were later modified by subsequent legislation that answered the concerns of the business community.

The NLRB that was created as part of the National Labor Relations Act has grown to be one of the largest agencies in the United States government. It serves as a conduit to both labor and businesses and eliminates the need for most labor disputes to be litigated in… READ MORE

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