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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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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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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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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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Patient Rights – Healthcare

WEBThe advent of the “patient rights” movement and associated legislation is a relatively recent phenomenon, having first taken root in the early 1990s. However, as of January 2006, a …

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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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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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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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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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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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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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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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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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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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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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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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Select State Law Provisions Regarding Disclosure Requirements

WEBHAWAII: Hawaii Rev. Stat. 671-3 (a) establishes a board of medical examiners to develop standards ensuring that a “patient’s consent to treatment is an informed consent.”. It …

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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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Types of Managed Care Organizations (MCOs) – Healthcare

WEBManaged Care and HMOs. Types of Managed Care Organizations (MCOs) Health Maintenance Organizations (HMOs) Preferred Provider Organizations (PPOs) Exclusive …

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