Free Custom «Legal Aspects of U.S. Health Care System Administration» Sample Essay

«Legal Aspects of U.S. Health Care System Administration»

Healthcare administrator works as a service manager who directs the operations of a hospital, healthcare system, and various types of organizational activities. Depending on the size of the organization, the functions of healthcare administrator include being in charge of and responsible for service program, staff, budget etc. The tasks remain distinct from those of clinicians. For instance, healthcare administrators deal with patients on a daily basis but help in the upholding of the healthcare policy in a medical facility (Pozgar & Santucci, 2016). They also assist in making the necessary changes in the healthcare policy thus enabling medical facilities and professionals to give patients ample care that they need. Moreover, they shape the healthcare policies by venturing into careers with local, state, or federal agencies such as Food and Drug Administration. Additionally, they cooperate with other health related national associations like the Red Cross or AMREF. As a result, all healthcare administrators need to perform their duties with top most ethical standards and integrity. Therefore, the following paper explores legal aspects of the U.S. health care system administration.

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As the healthcare administrator of the Well Care Hospital, professional conduct within the institution is extremely important. The health officials should have freedom in performing their duties since everybody including patients and other professionals within the field depend on them. The concept implies that administrators should remain resilient in performing their duties regardless of the daily challenges and personal differences (Niles, 2011). They should always demonstrate their technical competence and act with due diligence since any bias in conducting professional duty leads to breaching the law and professional regulations. In particular, healthcare administrators are obliged to execute their professional duties without any racial, age, sex, or economic discrimination. Moreover, addressing patients’ confidentiality entails not disclosing personal information to any unauthorized individuals unless the law dictates it to be so. An example was the breaching of electrical data over the last six months as more providers switched to the electrical system. Therefore, mitigation of the situation entails instructing departments regarding the creation of more rules to restrict the transmission of the information between networks in both laptops and smart phones.

Ramifications of having professional personnel compromise the boundaries of ethics and medical conduct include the leakage of the data that contain patients' confidential inforation. Such accident happened over the last six months when a patient’s information in the Well Care Hospital was revealed as a result of breaching into the computer system. The process was performed either by stealing the laptops or by hacking the system to receive the information. The accident led to distrust of the public in the hospitals and resulted in the loss of their customers. Other consequences include lawsuits by the patients for breaching the law as some states have developed the necessary regulations that help to curb this breach (Pozgar, Pozgar, & Pozgar, 2014). For instance, the state of California enacted the first law in 2003 and was followed by other 46 states. The law may vary in the amount of fine in noncompliance or in the way the notice of the breach has been made.

Other ramifications include legal action from disgruntled employees. Such situations involve the cases where one dismisses an employee for grace misconduct or unprofessional act and proceeds with filing law suit with a different complaint. The similar situation happened in Well Care Hospital when an employee performed a surgery while considering the economic ability of the individuals (Harris, 2008). The person gave priority to a wealthier patient and ignored the one who booked the procedure earlier on financial grounds. As a result, the employee faced a law suit. When the organization fired him, and a younger employee was found to replace him, he filed a lawsuit, where he denied the issues and pegged the termination of his employment on age. It is, therefore, the obligation of the healthcare administrator and the human resource manager to ensure that employees adhere to the accuracy of the job description.

The four elements that are required to prove medical negligence include a duty that is the obligation that you have before the patient, or that you owe to the patient. When performing organizational duty, one should use a broad term to avoid any harm befalling a patient. For example, nurses should affirm that they are ready to provide an environment conducive for the patient instead of working to prevent them from receiving harm. In addition, nurses must perform their duties with technical competence and due diligence (Showalter, 2015). For instance, if there is a delay for more than 4 hours in giving treatment, the nurse should refer the patient to another facility. The second element is the breach of duty which means that the healthcare professional failed to perform his professional obligations and thus did not meet the required standard. For example, the nurse may provide a patient with much drugs and insufficient amount of water to facilitate the ingestiion of the drugs. The third element is a damage that occurs as a result of a breach of duty. The case when a nurse offers medicine to a patient and then gives him or her too little water to swallow the drugs which further leads to choking serves as an example. The fourth element is causation, which means the health professional breached the standard of care or caused harm to the patient (Harris, 2008). An example is when one refers to a healthcare facility with a tumor in the brain and a doctor fails to diagnose the issue and sends the patient home. Some time later, the second doctor examines the X-ray results and correctly diagnoses the tumor and the treatment for the patient. Even though the first doctor missed the case, the second doctor managed to discover the issue and it did not cause any harm.

The duties of healthcare governing board concern mitigating the effects of medical non-compliance, as they apply to the rules of practice set forth in the Well Care Hospital governing board. They include addressing important program considerations such as definition of interrelationship between the role of the organization audit compliance and its legal functions. Other obligations encompass mechanism of reporting compliance issue within the organization, as well as methods of identifying the risks and the means of achieving compliance goals and objective through the organization. To report compliance issue within the organization, Well Care Hospital set up the forum and informal gatherings such as picnics to enable interaction among the personnel as well as with the employees and the administrators. The organization has also tried to foster good staff relationship in the human resource department (Pozgar & Santucci, 2016). The aim is to prepare proper and reasonable job description for the role of compliance officer and general counselor to avoid confusion and additional lawsuits.

In conclusion, it is evident that a good healthcare administrator is essential for the better and proper operation of a medical facility. They help healthcare professionals to uphold to the working standard by following the law that further brings the benefit to the community. What is more, healthcare administrators assist the employees in distinguishing and preventing the issue concerning the breach of duty, damage, and causation. They upheld to their high standards and understand the medical profession correctly. I, therefore, urge that every medical facility, despite having good medical professional or equipment, needs to have a healthcare administrator. The move is likely to help them run the hospital efficiently for the benefit of both the facility and the community.

 

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