Health care providers face substantial legal challenges under the Affordable Care Act(ACA). Sweeping reforms have created a demand for health care law specialists. As a result, it is the fastest growing law practice in the United States.The current environment requires a renewed focus on the part of health lawyers. Health care lawyers must understand what is happening in the administrative, ethical and legislative components of the health care field to perform proficiently.The following five laws highlight a few of the most recent and significant game-changing regulations in the health care field.
EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOUR ACT (EMTALA)
The Emergency Medical Treatment and Active Labour Act took effect in 1986 with congressional sanction. The law requires care providers to deliver medical services despite the patients’ ability to pay specifically emergency services. If an individual has a medical emergency, such as an injury or active birth, the law makes it obligatory for caregivers to stabilize the patient and provide treatment up to the point where the client is stable. If the care provider cannot deliver this service, the law mandates that the provider transfer the patient to a capable facility.
THE STARK LAW
The Stark Law prohibits care providers from referring a patient to a peer or family member but does provide for specific exceptions.This law applies to civil cases and exposes violators to False Claims Act culpability. The Stark Law encompasses referrals to primary care providers for specific health services and does not require prosecutors to prove intent for overpayments. However, prosecutors must prove intent for intentional violations involving punitive recovery. See more.
THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH (HITECH) ACT
This was created to promote effective technology implementation among care providers. It addresses privacy and security of electronic health records. The act also reinforces parts of the civil and criminal sections of the Health Insurance Portability and Accountability Act (HIPAA).HITECH outlines four liability levels, each with increased punishments. Offenders who violate the law unknowingly, initially receive the lowest fine and the opportunity to correct the offense in 30 days to avoid fines completely. The minimum penalty increases greatly between each level.The maximum fine amounts to $1.5 million. The health care fraud attorney handles this.
THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008
Genome sequencing and other scientific developments have enabled researchers to produce incredible medical breakthroughs. While certain gene identifiers do not reveal ethnicity, some genetic traits emerge only among specific ethnic groups. Since discrimination occurred, the federal government created the Genetic Information Non-discrimination Act to prevent employers and insurance agencies from discriminating against individuals based on genetic testing outcomes. It forbids health insurance and employment discrimination based on genomic information.
Health care innovation moves at such a tremendous pace that even the most legally sound care providers have difficulty keeping up with legal issues. As care providers settle in with new payment models, they will demand more health care legal professionals to keep organizations up-to-date and compliant with the law. Check out this site: https://federal-lawyer.com/after-federally-indicted-options/Comments Off on 5 HEALTH CARE LAWS PROTECTING THE RIGHTS OF PATIENTS