Role and Functions of Law
October 10, 2012
David C. Cory, J.D.
Role and Functions of Law
The paper will discuss the most important function and role in law in the health care field, and the important aspects related to health care. Along with how the laws, and functions affects today’s patients and the physicians. Laws are established by the government to create a improve society and business relations. Laws also are put forth to have ethical standards in business, and expectations are supplied through these laws. Therefore, so that no one takes advantage of another individual, which in turn leads society to follow the rules and regulations.
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If the facility does not receive an adequate response, the facility can send an application to an administrative law judge. Nursing homes are required to participate in the Centers for Medicare and Medicaid Services (CMS’s) regulatory requirements. Nursing homes have to follow regulations, and guidelines of the federal law therefore, the nursing homes receive the largest portion of payment from the long term care expenses for the residents. Under federal law nursing home facilities to provide sufficient nursing personnel to meet the needs of the residents on an individual care this is called Nursing Home Reform Act (NHRA). The nursing home facilities are required to receive state nursing home license. Each state has to comply with CMS on-site health inspections, evaluate the staffing performance, and the quality of care of the residents. The United States House of Representatives asked CMS to prepare a report of how much it would cost for the health care reform bill. Below is a graph of how it affects the government law and the House of Representatives (Yahoo images, 2012).
According to the government for Medicare nursing home facilities have to provide the residents with a bill of rights guide (The Official U.S. Government Site for Medicare, 2012). In the guide it includes state resident rights along with federal resident rights. In the pamphlet it goes into detail about the state resident rights for civil and religious liberties, examination of inspections, rules, and regulations of the facility (Ppd, 2001). The pamphlet also tells about the federal resident rights, such as how to exercise of the rights of the resident, notice of rights and services, privacy, and confidentiality, examine of the survey results of the facility, and resident behavior and facility practices.
Whistleblower Protection Act
Whistleblower Protection Act allows employees to file a complaint against a company and report violations in the workplace. The federal government took over a lawsuit regarding a hospice facility for over billing Medicare patients, and those patients were not terminally ill. The Department of Justice requested the federal government to investigate the case for possible fraud. The hospice facility could face up to $33 million in penalties (Santich, 2012). The former nursing home administrator who became the vice president of finance for hospice urged hospice founder and the chief executive officer to reimburse Medicare for the over billing of those patients. After, he urged hospice founder to correct the problem he was fired. The attorney for the hospice company is in constant communication, and is cooperating with the government to resolve the dispute. The former administrator will be a witness for the government and is eligible for 25 % of any...