Healthcare Information Management

Topics: Health care, Health informatics, Electronic health record Pages: 11 (3089 words) Published: August 26, 2013

Study of Healthcare Information Management

Jennifer Bartus

HCA352 Legal and Ethical Aspects of Health Information Management

Olympia Boyce-Taylor

August 18, 2013


There are various legal and ethical aspects of Health Information Management. Government regulations in healthcare continue to make drastic changes. In Healthcare, lawsuits become more and more complex and issues increase. It is important for Health Information managers to have knowledge of healthcare laws.

Laws are created, enacted and enforced in healthcare. US congress federal laws are enacted within the legislative process and are enacted by the federal, state, local county governments. Each state has their own constitution. It provides laws to each state and is secondary to the United States Constitution.

In order to enact and enforce the state constitution, the law bill is flowed from federal to state legislatures. Once the law is written and signed by the president (federal) or the governor (states) it is called statutes. At times, there are multiple statutes that are written at the same level of government and it could address the same subject matter. For example, HIPAA and ARRA may address the same subject. Legal language may contain the same wording between the two statutes. Federal statutes may address state laws. For instance, ARRA may provide financial information in the form of grants to get health information technology established under electronic medical records. There have been times where state statutes were written by one state that is written differently to another state. For example, New York State may have a statute addressing a patient’s access to his or her own records, and Pennsylvania may be silent to patient access. Many statutes are no easily enacted and enforced, which could cause a conflict. Each state needs to be able to resolve a dispute. A conflict of laws deals with disagreements between state and federal jurisdictions over the same issue.

Government laws often are decided and regulated by administrative agencies. This is often a practice in administrative agencies. The legislature level of government delegates to the administrative agency power to adopt regulations and decide how statutes, rules and regulations apply to enforced and

enacted situations. They must follow certain guidelines and procedures. Administrative Procedures exist in both state and federal levels. They cannot make decisions until they have given advanced notice and allowed affected parties and opportunity to bring up an argument for or against the action. Legislatures are limited to both the US Constitution and State Constitutions when coordinating authority to government agencies.

Branches of Government

Federal and each state have branches of government within the constitution system. The powers of government have three different branches: legislative, executive and judicial. The legislative branch enacts the laws, the executive branch enforces and administers the laws, and the judicial branch interprets the laws.

The Legislative branch enacts laws. They determine who needs new laws and the changes of existing laws. At the federal and state level, are often split by two houses such as the Senate and the House of Representatives. At the federal level, the Senate and House of Representatives are referred to the Congress. At the legislative level, both houses must pass identical versions of the bill before they can be sent to the chief executive for signature. This is typically passed by the joint conference committee. When this group is used, the bill is then resubmitted to both houses before it is sent to the chief executive for signature.

The Executive branch enforces and administers the laws. It is...
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