Discussion Question 3 response

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RE: Week 3 Discussion

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Week 3 Discussion

“Contracts and Antitrust Protocols Based on the Criminal Aspects of Health Care” 

From the scenario, differentiate between the concepts of criminal law, antitrust, and health care as they apply to U.S. health law in the 21st Century. Conceptualize the primary ways in which these laws apply to U.S. health care administrators.

Criminal Law can be described as a way to obtain public order and safety within an organization. According to Pozgar & Santucci, criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large, in which civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Criminal law applies to U.S health care administrators by providing caution for those involved in health care fraud the 21st century federal government is prepared to investigate and prosecute health care organizations for criminal wrong doing. In addition the government has developed corporate compliance programs to help organizations be compliant with the laws and to ensure that health care organization are compliant with laws and procedures for providing services. In addition the Antitrust Act was developed to assist with areas of concern with health care organizations to include reduced market competition, price fixing, actions that bar or limit new entrants to the field, preferred provider arrangements and exclusive contracts Pozgar & Santucci (2016).With the Antitrust Act physicians are able to bring action for denial of hospital medical staff privileges based on allegation that the hospital in conspiracy with other physicians is illegally denying competition among physicians. 

Analyze the general transition of U.S. health laws based on criminal misconduct in health care to the creation of contract laws, as predicated within the Sherman Antitrust Act. Evaluate the efficacy of the measures that the new contracts in question afford, and rationalize whether or not these improvements have provided optimal solutions to today’s complex concerns of integrity in health care performance.

The general transition of U.S Health Laws based on criminal misconduct in health care to would be that its elements and importance of contract law’s and antitrust has increased pertaining to healthcare organizations and professionals. According to Pozgar & Santucci (2016) a contract serves to provide one or more of the parties with a legal remedy if another of the parties does not perform his or her obligations. In which health care contracts serve to minimize misunderstandings and offer a means for the parties of a contract to resolve and disputes that may arise. Because contracts are commonly used in health care setting it is very important for health care organizations integrity. In which these improvements have provided optimal solutions to complex concerns within the health care organization.

References

HSA515 Week 4 Scenario (Resources), Health Care Policy, Law and Ethics; Criminal Law Antitrust and Health Care (2016)

Pozgar, G.D. & Santucci, N. (2016). Legal aspects of health care administration. (12ed.) Sudbury, MA: Jones & Bartlett Learning

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