Health Care law and Regulation

Topics: Health care, Health care provider, Medicine Pages: 8 (1579 words) Published: September 28, 2014

Health Law: Regulation and Compliance
Melanie Apligian
June 2, 2014
Shawna Butler

Health Law: Regulation and Compliance
Healthcare has brought on rapid changes for all specialties, addressing proficiencies established by medical facilities in caring for increasingly complex patients in this changing environment. Employees are constantly confronted with legal and ethical dilemmas in clinical decision making; in addition those professionals need to be aware of the way in which the law regulates their professional careers. Legal and ethical issues have been an increased concern when having to produce important decision in their clinical careers. Furthermore, all healthcare professionals are individually accountable through the law to their patients (McHale & Tingle, 2009). Medical professionals can be sued directly by their patients due to their neglect making him or her responsible; furthermore government has been addressing many of the perceived needs of the employee by involving the employer through laws since 1964. Employment Legal Issue

St John’s Hospital; a seven hospital system has agreed to settle a class action lawsuit for $13.6 million that alleged hospitals in the Detroit, Michigan area have conspired to keep wages for nurses artificially low (Greene, 2009). Law Suit

This lawsuit was transpired based on evidence that local hospitals were freezing the current pay scale for nurses so that they don’t shop around from one hospital to another. Due to the nursing shortage, it has become extremely difficult to hire nurses and to keep them content. If nurses find a higher salary somewhere else, they would choose to work there instead. Hospitals have been in desperate need to retain nurses, furthermore offering competitive hourly wages and signing bonuses which aids in retention. The nursing profession has become extremely demanding due to shift changes and shortage creating dissatisfaction and burnout. Employment Discrimination

The legal foundation for all citizens to purse the profession of their choosing and to advance in their chosen careers subject to the limitations of only their individual qualification, talents, and energies is represented by The Title VII of the Civil Rights Act of 1964 (University of Phoenix, 2006). The government regulates many phases of the employment relationship, including laws affecting recruitment, penalties, and terminations. The basis of the law is that people must be judged primarily by their job performance. In most circumstances federal laws preempts or overrules state laws. However, there are some exceptions. For example, one occurs when there is not a federal law relating to a topic, in which case the states can then regulate. Another exception occurs when the court has already reigned that the state does not conflict with Federal law, in which case the state law in implemented (University of Phoenix, 2006). This legislation defines unlawful employment discrimination as the failure or refusal to hire an individual, or to discharge an individual, or to discriminate against any individual with respect to compensation or other terms, conditions, or privileges of employment because of that individual’s race, color, religion, sex, or national origin. In addition, limiting, segregating, or classifying employees or applicants for employment in any way that would deprive them of employment opportunities or otherwise adversely affect their status as employees because of race, sex, color, religion, or national origin in also injustice. Medical Law

Having a basic understanding of the law is important because what is illegal to do is always unethical. Without healthcare laws, justice and injustice would have little or no meaning, in addition he or she would intuitively make the right decisions based on what is right or wrong. Honestly, do they think what the hospitals are doing is the right way to retain nurses and do business? Legally, no...

References: Greene, J. (2009). St John Health agrees to $13.6 million settlement with nurses. Crain’s Detroit Business. Retrieved April 3, 2009, from
McHale, J. & Tingle, J.(2009). Specialist healthcare law for nurses: an introduction. British
Journal of nursing, 18(1) 38-40. Retrieved April 3, 2009, from EBSCOhost database.
University of Phoenix(Ed). (2006). Medical law and ethics. [University of Phoenix Custom
Edition e-text]. Prentice-Hall: Pearson Education. Retrieved April 2, 2009, from University of Phoenix, rEsource, HCS/430- Medical Law and Ethics web site.
Wagner, K. A., Lee, F. W., Glaser, J. P., & Burns, L. R. (2009). Health care information systems.
A practical approach for health care management (2nd ed.). [Adobe]. Retrieved from
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