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Healthcare – An USLegal Topic Area

WEBThe United States Department of Health and Human Services is the federal executive department responsible for overseeing healthcare legislation . The agencies of the …

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From Common Law to Statute – Healthcare

WEBVirtually all states recognize, either by express statute or common law, the right to receive information about one’s medical condition, the treatment choices, risks associated with …

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Constitutional Right to Privacy – Healthcare

WEBWade, 410 U.S. 113 (1973), the U.S. Supreme Court acknowledged that the doctor-patient relationship is one which evokes constitutional rights of privacy. Because the Supreme …

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The HMO Act of 1973 – Healthcare

WEBThe HMO Act of 1973. The early HMOs were idealistic non-profit organizations endeavoring to enhance the delivery of health care to patients while controlling costs. The HMO Act …

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The Patient Self-Determination Act (PSDA) of 1990 – Healthcare

WEBIn 1990, Congress passed The Patient SelfDetermination Act (PSDA) 42 U.S.C. §§ 1395 et seq., a federal law which requires health care providers (that are recipients of federal …

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Right to Privacy – Healthcare

WEBThe duty to maintain the privacy of one’s own medical information continues even after individuals stop seeing or treating with the health care provider. The right to privacy of …

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Informed Consent – Healthcare

WEBA doctor who fails to obtain an informed consent for non-emergency treatment or care may be charged with a criminal offense. If individuals are incapacitated and have executed …

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Right to Autonomy and Self Determination – Healthcare

WEBPatient “autonomy” or self-determination is at the core of all medical decision-making in the United States. It means that patients have the right and ability to make their own choices …

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Liability – Healthcare

WEBLiability refers to the responsibility, under law or equity, for which a party is bound or obliged to make restitution, compensation, or satisfaction to another for loss or harm. A limitation …

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State Provisions – Healthcare

WEBUTAH: Utah Code Annotated, Sections 75-2-11-1 to 1118 (amended in 1993) authorizes a special DPA for health care. Since then, it has added its Comprehensive Health Care …

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The Right to Treatment – Healthcare

WEBThe Right to Treatment. If individuals do not carry health insurance, they are still entitled to hospital emergency care, including labor and delivery care, regardless of their ability to …

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Statutory Privacy Laws – Healthcare

WEBDespite the above two recognized areas of law that purported to shield medical information about a person from unauthorized release or disclosure, there continued to be …

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Limited Liability Companies (LLCs) – Healthcare

WEBLimited Liability Companies, or LLCs, combine many facets of corporate structure with the smaller and simpler partnership structure. Third persons are immediately placed on …

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Managed Care and HMOs – Healthcare

WEBManaged Care and HMOs. “Managed care” refers to that type of health care system under which medical care and treatment is managed by the entity paying the bills, and not the …

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Common Law Duty of Confidentiality – Healthcare

WEBFirst and foremost, there is the common law concept of “doctor-patient confidentiality” that binds a medical professional from revealing or disclosing what he or she may know …

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State Laws – Healthcare

WEBState laws vary. Some require a POS offering only for employers with more than 25 or 50 employees or health plans with more than 5,000 or 10,000 enrollees Others might have …

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Health Maintenance Organizations (HMOs) – Healthcare

WEBHealth Maintenance Organizations (HMOs) By far the most common type, HMOs ostensibly focus on wellness (e.g., by providing for annual physical examinations). Members (who …

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Comprehensive Omnibus Budget Reconciliation Act of 1989 …

WEBThese rights allow the insured employee and/or covered family members to retain/continue the insurance coverage and health insurance benefits they had when they were covered …

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The Patient Self-Determination Act of 1991 – Healthcare

WEBThe Patient Self-Determination Act of 1991. The Federal Patient Self-Determination Act (PSDA) was meant to encourage the use of advance directives such as living wills and …

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