Chapter 2 Government, Law, and Ethics
Provides evidence based information on healthcare outcomes, quality, cost, use and access
Agency for Healthcare Research and Quality (AHRQ)
National Institute of health is responsible for
Biomedical research
Lead federal agency responsible for prevention and control of disease
CDC
Medicare, Medicaid and CHIPS falls under what department which is also responsible for implementing HIPAA.
Centers for Medicare and Medicaid Services (CMS) (Agency under DHHS)
Basic Source of law
Common Law
Derived from judicial decisions
Common Law
Private Law
Concerned with the recognition and enforcement of rights and duties of private individuals.
First common law case in the US in which a physician was held responsible for negligence.
Cross v. Guthery 1794
Public Law
Deal with realationships between individuals and government.
This accounts for more malpractice claim than any other medical condition
Delayed diagnosis of breast cancer due to misdiagnosis, failure to follow-up, and false-negatives.
Agencies that fall under the (PHS)
NIH, CDC, FDA, HRSA, AHRQ, ATSDR, IHS, Substance abuse and mental health services administration.
Separation of powers
No one branch of the government will be dominant over the other two.
Tort Action
One part asserts that the wrongful conduct of another has caused harm and the injured party seeks compensation. (Private Law)
How do most cases reach the Federal Supreme Court
Through the discretionary writ of certiorari (an appeal petition.)
Function of the legislative branch
To enact laws and amend or repeal existing legislation and to create new legislation. 22
States do not have to abide by common law from sister states. T/F
True
Federal appellate court
U.S. Circuit Court of Appeals
Legislative powers are vested in the
U.S. Congress 22
Name for the federal trial court system
US District Court
When reviewed by courts, an agency's regulations and decisions can be ___________ _________ ___________ __________ __________
Upheld, modified, overturned, or reversed and remanded for further proceedings. 21
Court of last resort
Usually a state supreme court
Contract Action
Usually involves a claim by one party that another party has breached an agreement by failing to fulfill an obligation. (Private Law)
Appellate jurisdiction
Where appeals from trial judges are heard
How many U.S. Circuit Courts are there
12 regional and a 13th located in D.C.
Number of cabinets in the executive branch
15
A presidential veto of a bill can be overridden by a
2/3 majority vote in both houses of congress
How many judges sit on the supreme court
8 Associate justices and 1 Chief Justice
Number of federal district courts
94
Branch of law that controls administrative operations of government agencies
Administrative Law 20
Original Jurisdiction
Authority of a court to conduct a trial first
Provides health insurance for individuals over 65 and certain disabled people
Medicare
Main source of regulations affecting the healthcare industry
Department of Health and Human Services
DHHS is charged with...
Developing and implementing appropriate administrative regulations for carrying out national health and human services policy. (Department)
Supervises and control drugs, food, cosmetics and medical devices into the market place
FDA
When federal and state law conflicts resolution is found in
Federal Courts21
Mission is to improve access to healthcare services for people who are uninsured, isolated or medical vulnerable
Health Resource and Services Administration (HRSA)
Sources of Public Policy
Legislation, administrative rules, regulations, judicial decisions
Stare decisis
Let the decision stand (when a decision is rendered in a lawsuit of the exact same type; future law suits must be ruled on in the same manner)
Court Jurisdiction is based on
Location of those involved and where the issue occurred
Provide medical services for the medically needed
Medicaid
_________ Is jointly funded by the federal and state government however; the states establish their own criteria for determining eligibility
Medicaid
Administrative Law
Prescribed by administrative agencies.
Public Health Services (PHS) is responsible for
Promoting the protection of the nation's physical and mental health.
Law
Rules of conduct enforced by government
What are the two houses of congress
Senate and House of Representatives 22
Common law can be abolished by
Status law - by express words
Mission is to reduce the impact of substance abuse and mental illness
Substance abuse and mental health services administration
The only federal court created directly by the constitution
The Supreme Court
What takes precedence over the constitution and law of individuals states
The U.S. Constitution, federal law, and federal treaties.
Rules and regulations of an administrative agency cannot supersede
The language chosen by congress 21
Exercise's leadership in the executive branch to prevent conflicts of interests on the part of government employees and resolve conflicts that do occur with the goal of increasing public trust.
The office of Government Ethics Founded 1978 Part of the executive branch
Res judicata
The thing is decided (has been previously acted on or decided by the courts
Function of the Executive Branch
administer and enforce the law
Federal District courts hear...
civil, criminal, admiralty, and bankruptcy cases
A statute can abolish a
common law
Cases are tried applying ________ _________ principles unless a ___________ __________
common law ; statute governs
Statutory Law
emanates from the federal and state legislature
HIPPA requires DHHS to
establish national standards of electronic healthcare transactions, national identifiers for providers, health plans and employers. It also addresses patient privacy.
A Bill may be reported out of committee as
favorable, unfavorable, with amendments or allowed to lie in committee without action
States can only enact and enforce laws that do not conflict with
federal laws
Medicare Part A pays for
inpatient hospital care, nursing homes, home health and hospice care.
Agency regulations and administrative decisions are subject to ______________ ____________
judicial review 21
Public Policy
no one can lawfully do that which tends to be injuries to the public or against the public good.
Medicare Part B covers
physicians services and outpatient hospital services.
