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Importance of regulatory affairs
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Regulations are entrenched in licensures and inspections of providers and organizations in order to provide the practice of safe medical care to its recipients and to hold providers responsible for their actions and performances. Regulatory standards improve the safety of consumers’ health and quality of care through regular yearly inspections performed by regulatory bodies to monitor and evaluate facilities and providers for occurrences of violations. Regulation compliance requirements in these areas are necessary to ensure that consumers are receiving safe and proper care to meet their healthcare needs in order to serve three purposes.
According to Kohn, the first purpose is “they provide the public with a minimum level of protection by
assuring that the most serious errors are reported and investigated and appropriate follow-up action is taken”. Second, “they provide an incentive to health care organizations to improve patient safety in order to avoid the potential penalties and public exposure”. Finally, “they require all health care organizations to make some level of investment in patient safety to help improve the healthcare of its consumers”. (Kohn et al., 2000) Health care regulations are developed and enforced by all levels of government, federal, state and local industries in providing quality care to consumers. Moreover, pharmaceutical companies must develop “patents to protect their products through the federal Patent and Trademark Office (PTO)”. (Fields, 2008) They must also obtain “permission to conduct clinical testing from the federal Food and Drug Administration (FDA)”. (Fields, 2008) It is also noted that “any approval for marketing is received in the form of a New Drug Approval (NDA), and the manufacturer must adhere to marketing restrictions contained in the NDA”. (Fields, 2008) However, it is important to also be aware that the drug cannot be dispensed without following regulation standards and requirements. Limitations of Regulatory Requirements in Health Care Healthcare licensures and insurance are denied when organizational regulations are violated. Healthcare organizations cannot operate or practice care to patients without meeting regulatory compliance requirements. Organizations can receive violations and incur penalties for non-compliance of state and federal law regulations resulting in enormous costs to the facility. These actions may also result in loss of quality care to consumers, accreditations, licensure, and possibly closure of the facility. However, regulatory bodies must revisit these facilities to reevaluate if compliances are maintained for the safety of the patients, and the possibility that they will reinstate the facilities license and insurance. Provider’s Licensure Limitations. Providers must obtain a license to practice medicine through regulatory standards in order to receive reimbursement claims for services rendered. If providers fail to comply with the standards in the regulatory process such as HIPPA, HITECH Act, U.S. Department of Health and Human Services, and the Center for Medicare and Medicaid, penalties are ensued. Providers that attempt to practice without following these guidelines may be subjected to reimbursements loss. Furthermore, providers and healthcare organizations must comply with financial standards associated with Occupational Safety and Health Administration (OSHA). Insurance Limitations. The Affordable Care Act regulations prevents insurance companies from discriminating against consumers with pre-existing conditions and incentives provided through CMS. Consumers are allowed options for health plans and coverage for prescription drugs, and wellness programs. The guidelines for the ACA specify that penalties against insurance companies will ensue if they deny an individual for health care due to discriminations and preexisting conditions. Conclusion Healthcare regulations are a necessary commodity in our nation’s organizations and facilities for the safety and well-being of consumers. There are limitations, such as licensure and insurance, however, the guidelines are created through state, local, and governmental agencies that help ensures that the safety of drugs, medical supplies, licensure and practices meet specified regulatory standards requirements, and are practiced within the scope of medicine for the protection and welfare of its citizens.
“One of those obligations is that it must exercise a proper degree of care for its patients, and, to the extent that it fails in that care, it should be liable in damages as any other commercial firm would be
State and federal regulations, national accreditation standards, and clinical practice standards are created, and updated regularly. In addition, to these regulations, OIG publishes a compliance work plan annually that focuses on protecting the integrity of the program, and prevention of fraud and abuse. The Office of the Inspector General examines quality‐of‐care issues in nursing facilities, organizations, community‐based settings and occurrences in which the programs may have been billed for medically unnecessary services. The Office of the Inspector General’s work plan for the fiscal year 2011 highlights five areas of investigation for acute care hospitals. Reliability of hospital-reported quality measure data, hospital readmissions, hospital admissions with conditions
If you are in the healthcare industry, you have probably heard some rumblings about the Health Insurance Portability and Accountability Act of 1996, coolly referred to as HIPAA. The word is your medical practice will have to be HIPAA compliant by April 2003, but you're not exactly sure what this act mandates or how to accomplish it. In very basic terms, HIPAA has two primary components to which hospitals, health plans, healthcare "clearinghouses," and healthcare providers must conform: 1) Administrative simplification, which calls for use of the same computer language industry-wide; 2) Privacy protection, which requires healthcare providers to take reasonable measures to protect patients' written, oral, and electronic information. Congress passed HIPAA in an effort "to protect the privacy and security of individually identifiable health information. "1 Additionally, lawmakers "sought to reduce the administrative costs and burden associated with healthcare by standardizing data and facilitating transmission of many administrative and financial transactions." 1 HIPAA consultants say the new regulations should save the healthcare industry money in the long run, provide improved security of patient information, and allow patients to have better access to their own healthcare information.
The Australian Commission On Safety And Quality in Health care was founded as a powerful body to reform Health care system in Australia. It was established on 1st june 2006 in an incorporated form to lead and coordinate numerous areas related to safety and quality in healthcare across Australia (Windows into Safety and Quality in Health Care, 2011). The commission’s work programs include; development of advice, publications and resources for healthcare teams, healthcare professionals, healthcare organisations and policy makers (Australian Commission On Safety And Quality in Health care). Patients, carers and members of public play a vital role in giving shape to commission’s recommendations thereby ensuring safe, efficient and effective delivery of healthcare services. The commission acknowledges patients and carers as a partner with health service organisations and their healthcare providers. It suggests the patients and carers should be involved in decision making, planning, evaluating and measuring service. People should exercise their healthcare rights and be engaged in the decisions related to their own healthcare and treatment procedures. ...
regulations - what's next? Health Matrix: Journal of Law and Medicine 2, no. 1 (Spring): 49- (22 p).
Nielsen, Ronald P. OSHA Regulations And Guidelines : A Guide For Health Care Providers. Albany, NY: Delmar,
Providers must act in the best interest of the patient and their basic obligation is to do no harm and work for the public’s wellbeing. A physician shall always keep in mind the obligation of preserving human life. Providers must communicate full, accurate and unbiased information so patients can make informed decisions about their health care. As a result of their recommendations, providers are responsible for generating costs in health care but do not generate the need for those expenses. Every hospital has both an ethical as well as a legal responsibility to provide care, even if the care may be uncompensated.
Merwin, E & Thornlow, D. (2009). Managing to improve quality: the relationship between accreditation standards, safety practices, and patient outcomes. Health Care Managment Review, 34(3), 262-272. DOI: 10.1097/HMR.0b013e3181a16bce
Conditions of Participation was created to ensure all facilities participating in Medicare follow a set of regulations that protect the safety of Medicare recipients. In 1986 revisions were made to reinforce accreditation and certification procedures. Participating hospitals that are accredited by the Joint Commission on Accreditation of Healthcare Organizations or American Osteopathic Association have been deemed to meeting Conditions of Participation requirements on the wellbeing of Medicare Recipients. The Joint Commission on Accreditation of Healthcare Organizations also requires that the facilities are licensed by their state. (Lohr, 1990, p.
Standards are important aspects of nursing that a nurse must learn and implement every day for the rest of their nursing career. These standards provide for a nurse’s competence in the quality of care they deliver to the public. Standards offer a necessary guidance to nurses everywhere in an effort to ensure that people are treated correctly and ethically. Patients expect nurses to have a general knowledge of the medical realm and to know exactly what it is they –as nurses- are responsible for. Nurses need to have a sense of professionalism that enable the patient to feel safe and secure, knowing that a competent person is caring for him. A lack of professionalism does the opposite, making it impossible for a patient to trust or respect the nurse caring for him. Standards of nursing, if utilized correctly, give the nurse that sense of professionalism the patient is expecting. It insures for the safety of the patient and allows the nurse to provide quality health care that is expected of a medical professional.
The Joint Commission was founded in 1951 with the goal to provided safer and better care to all. Since that day it has become acknowledged as the leader in developing the highest standards for quality and safety in the delivery of health care, and evaluating organization performance (The Joint Commission(a) [TJC], 2014). The Joint Commission continues to investigate ways to better patient care. In 2003 the first set of National Patient Safety Goals (NPSGs) went into effect. This list of goals was designed by a group of nurses, physicians, pharmacists, risk managers, clinical engineers, and other professionals with hands-on experience in addressing patient safety issues in a wide variety of healthcare settings (TJC(b), 2014). The NPSGs were created to address specific areas of concern in patient safety in all health care settings.
That purpose is just as important today as it was in the days of Thomas Jefferson. The purpose is to allow the individual to defend his freedom.
There is a vast amount of literature available on the additional procyclicality of regulatory capital charges in Pillar 1 of Basel II. In this section, we shall briefly visit this literature and see if any conclusions can be drawn from this, before proceeding to the conclusion and mitigation of these procyclical effects. The majority of the literature, as expected, focuses primarily on the IRB approach, as this aspect of Basel II has drawn the most criticism from financial practitioners and academics alike. The greater part of this literature has found that there is an overwhelmingly substantial rise in procyclicality of minimum regulatory capital charges originating from the IRB approach. Gordy and Howells found that under the IRB approach, volatility in the capital charge, relative to the mean, is between 0.1 to 0.26 (Gordy & Howells, 2004). This follows another study by Kashyap and Stein, which shows that capital charges rose by 70-90% during the years of 1998 to 2002 dependant of the model used to calculate PD’s (Goodhart & Taylor, 2004).
the rights of the accused as well as to enforce the rights of the public. The
As a registered nurse new to the practice, I try to implement the laws and standards of practice into caring for my patients on a daily basis. I try to adhere to the scope of practice and the rules and regulations. It is my obligation as a heath care professional to do what is in the best interest of my patient while staying within these guidelines.