shannon

Week 1 Pre-Class Assignment chapter 1

2. Does a single document or source of law exist where an individual can find all of the rules governing health information? Why or why not? No they interpret in all levels.
Is it the HIPAA law? One recent example of interaction between the three branches of government involved the Health Insurance Portability and Accountability Act (HIPAA). Congress passed HIPAA in part to battle perceived health-care fraud and abuse. HIPAA established or strengthened five programs to assist with fraud enforcement, all to be administered by the executive branch. HIPAA also empowered executive branch agencies to promulgate rules and regulations concerning the confidentiality, privacy, and security of health information. The judicial branch of government in turn works to resolve the litigation brought by law enforcement agencies of the executive branch concerning fraud and abuse and the appeals from administrative bodies deciding issues related to confidentiality, privacy, and security of health information. These resolutions may result in injunctions, fines, and jail time.
3. How does the content of state constitutions compare with the content of the U.S Constitution?
The U.S. Constitution establishes and defines the three branches of government: (1) the legislative branch, (2) the executive branch, and (3) the judicial branch. A state constitution typically contains language similar to the U.S. Constitution but also language that is unique to that state. Sometimes, state constitution provide even broader rights and protections then the U.S. Constitution. For example, one state’s courts have interpreted its state’s constitutional provision guaranteeing the right to privacy to include a patient’s right to die and right to refuse treatment- matters that the U.S. Constitution does not expressly address.
4. Statutes governing health information are found at what three levels?
The levels are: Federal (U.S. Congress), state (individual legislatures), and local levels (city councils and boards of alderman).
5. Explain the concepts of stare decisis and res judicata.
Stare decisis, a Latin term meaning “to let the decision stand.” Stare decisis applies to all courts within the same geographic area and within the same jurisdiction. Stare decisis operates in a pyramid-type fashion. Courts at the top of the pyramid issue decisions on particular topics. All lower courts within the pyramid that have the same geographic area and jurisdiction are then bound to follow the decisions issued by the court above it in the pyramid. Res judicata, which literally means “a thing or matter settled by judgment.” Whenever a court with jurisdiction over the lawsuit renders a final decision on the merits, the parties to the lawsuit are forever barred from brining a subsequent action raising the same claim or demand. Res judicata applies only after all avenues of appeal have been exhausted. It differs from stare decisis in that res judicata applies only to the parties and issues involved in a particular lawsuit, by contrast, stare decisis applies to future decisions involving different parties with similar issues.
6. When does an executive order have the effect of law?
Most executive orders are issued under specific statutory authority from Congress and have the force and effect of law. Such executive ordersusually impose sanctions, determine legal rights, limit agency d