Health Policy Chapter 7 - Government Ethics and the Law

US Office of Government Ethics

Exercises leadership in executive branch to prevent conflicts of interest, resolve conflicts, fosters high ethical standards, and strengthen public confidence in govt business.

House of Representatives Committee on Ethics

Designated the supervising ethics office for the HoR, membership divided evenly by party

A Principle of Law

No one can lawfully do that which tends to be injurious to the public

14th Amendment to the US Constitution

State you cannot deny any person equal protection of the law, shall not make or enforce any law which shall abridge privileges or immunities of citizens, shall not deprive any person of life, liberty, or property without due process of law, and shall not deny any person equal protection of laws

Civil Rights act of 1964

Prohibited racial discrimination

Sherman Anti-Trust Act of 1890

Makes it illegal to have contracts that restrain trade. Aims to reduce marked competition, fixed pricing, preferred provider arrangements, and exclusive contracts

Privacy act of 1974

Safeguards individual privacy, provides individuals access to records, and established the privacy proteection safety commission

Health Insurance Portability and Accountability Act

Designed to protect the privacy, confidentiality, and security of patient information, applicable to all formats of health information (Electronic, paper, verbal)

Emergency Medical Treatment & Active Labor Act (MTALA)

Hospital emergency departments are required to provide appropriate medical screening exam, "stabilize" the pt, cannot dump them on other hospitals

Health Care Quality Improvement Act

Benchmarks that hospitals need to meet in order to maintain quality and reimbursement.

Agency for Healthcare Research and Quality

Improves the quality of health care, reduces costs, and broadens access to essential services

Ethics in Patient Referral Act

Requires dislosure of any interest or compensation interests between physicians and labs/other providers

Patient Self-Determination Act of 1990

Right to be informed of rights, execute advance directives, accept/refuse medical care, provide description of state laws regarding advance directives to providers, and ensure written policies and procedures regarding advances directives are established

Sarbanes-Oxley act of 2002

Self-regulation, "promoting due diligence", provides sweeping new legal protection for employees who report corporate misconduct