Legal aspects in healthcare administration

Part 1:Hill Burton Act, Emergency Medical Treatment and Active Labor Act (EMTALA) and Patient Protection and Affordable Care Act (ACA)

Respond to Discussion 1.1, and then provide a primary and follow-up posts to Discussion 1.2 and Discussion 1.3.
2. Discussion 1.1: Some of the cases that will be examined in this course are from state courts, while others have been handed down by

federal courts. Why? When is a matter “settled”?
3. Discussion 1.2: Review the Hill Burton article above under the “Review” section. Then, research newspaper articles that were written

just before, during and after the Hill Burton Act was passed. Find one news or magazine article that represents a lack of support for passage

of the law. Share your impressions of that article. What has the Hill Burton Act achieved to date? Is it still relevant or needed?
4. Discussion 1.3: Review the Solis & Guyer analysis of Moses v. Providence Hospital and Medical Centers, Inc., cited in the Review

section. Is EMTALA a needed statute? Why? Does the facility’s obligation under EMTALA end when the patient leaves the emergency department?

Hill Burton: https://www.hhs.gov/civil-rights/for-individuals/hill-burton/index.html
● Solis, l. & Guyer. M. (2010). Hospitals’ Obligations Under the Emergency Medical Treatment and Active Labor Act (EMTALA). The Journal

of the American Academy of Psychiatry and the Law; 38 (4) 610-612. http://jaapl.org/content/38/4/610
● Court Role and Structure: http://www.uscourts.gov/about-federal-courts/court-role-and-structure
● Comparing Federal & State Courts: http://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts

Reform:
● Obama’s Deal: https://www.pbs.org/wgbh/frontline/film/obamasdeal/?autoplay
● EMTALA: https://www.cms.gov/Regulations-and-Guidance/Legislation/EMTALA/
● Can A Single Payer Health System Work?: https://khn.org/news/looking-north-can-a-single-payer-health-system-work-in-the-u-s/
● KHN Podcasts: https://khn.org/news/tag/podcast/
● Laws and Regulations: https://www.hhs.gov/regulations/index.html
● Additional HHS Laws and Regulations: https://www.hhs.gov/regulations/additional-regulations/index.html
● Social Security Act: https://www.ssa.gov/policy/docs/ssb/v66n1/v66n1p1.html
● The Social Security Act Overview: http://socialsecurity.findlaw.com/social-security-basics/the-social-security-act-overview.html
● HITECH: https://www.healthit.gov/policy-researchers-implementers/health-it-legislation-and-regulations
● PPACA: https://www.healthcare.gov/where-can-i-Read-the-affordable-care-act/
● Moses v. Providence Hospital and Medical Centers, Inc., 561 F.3d 573 (6th Cir. 2009),

Part 2:Federal Regulatory Agencies and State Regulatory Agencies

Review:
● State Agencies Profiles: http://www.astho.org/Profile/Volume-Four/2016-ASTHO-Profile-of-State-and-Territorial-Public-Health/
Assignments:
● Discussion 2.1: You are a senior compliance officer at a medical device company. The Director of Compliance has requested you review

the following two articles:
(1) Innovation, Risk and Patient Empowerment/FDA Mandated Withdrawal of 23andMe and
(2) FDA versus Personal Genetic Testing
and prepare a short post for the internal employee blog summarizing the FDA’s activities concerning 23andMe. What role does the FDA play? Why

did it take this action? How would this apply to products or services you might develop?
● Discussion 2.2: You live in Shiprock, New Mexico – in what is called the Four Corners Region — and hold a professional license to

practice as a physician. You would like to open satellite offices and offer services in the neighboring states of Utah, Arizona, and Colorado.

Can you? What federal and state agencies will you need to contact? Does it matter if you are an allopathic or osteopathic physician?
Additional Resources:
● HHS: https://www.hhs.gov/about
● https://www.hhs.gov/about/agencies/orgchart/index.html)
● CMS: https://www.cms.gov/
● OIG: https://oig.hhs.gov/
● GAO Health Care: https://www.gao.gov/key_issues/overview#t=1
● Office of Civil Rights: https://www.hhs.gov/ocr/office/about/index.html
● FBI: https://www.fbi.gov/
● FDA: https://www.fda.gov/
● https://www.ussc.gov/guidelines
● US State Health Agencies: https://www.ehdp.com/links/us-shas.htm

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