4.1 Overview of Healthcare Law and Ethics
Christine Malone, EdD
Laws that apply to healthcare may vary from one state to another. This chapter will focus on the laws that apply in Washington state. Ethics, unlike laws, are not universally agreed on. For this reason, healthcare associations provide ethical standards for the professions they serve. For example, the American Nurses Association publishes a Code of Ethics for Nurses with Interpretive Statements. These ethical codes are periodically updated to keep up with new technology, treatments, and diseases. Ethics differ from morals in that what one person considers morally wrong may not necessarily be considered ethically wrong. For example, if a person is morally opposed to abortion, but the state allows it, this procedure is not an ethical violation. In other instances, violating a healthcare law may also be a violation of ethics. For example, if a healthcare professional falsifies a medical record entry, that is a violation of healthcare law and ethics.
Anyone working in healthcare, whether in clinical or non-clinical roles, should be aware of ethical considerations. Healthcare organizations will often have their own code of ethics for employees, which may address issues such as employee use of company equipment for personal purposes. In this example, an employee using the employer’s copy machine for personal use would be considered an ethical violation.
Healthcare law applies to everyone working in a healthcare setting, whether in clinical or non-clinical roles. Clinical employees must adhere to their scope of practice, which is defined by the Department of Health in each state and dictates what a clinical employee may or may not do. For example, a medical assistant is not permitted to suture a wound.
Non-clinical employees must also comply with healthcare laws. The most important of these is the Health Insurance Portability and Accountability Act (HIPAA), which covers patient privacy and the release of patient information.
Federal, State, Tribal, and Local Law
Federal laws apply to all states and are passed by Congress. State laws, on the other hand, apply within a particular state and are passed by lawmakers in that state. Local laws apply to a county or city and are passed by local lawmakers.
Federal Healthcare Laws
There are six key federal laws that regulate the healthcare industry:
- The Health Insurance Portability and Accountability Act (HIPPA)
- The Health Information Technology for Economic and Clinical Health Act (HITECH)
- The Emergency Medical and Treatment Act (EMTALA)
- The Anti-Kickback Statute (AKBS) and the Stark Law
- The Patient Safety and Quality Improvement Act (PSQIA)
- Fraud and abuse laws
These laws apply to all states. However, some states have laws that are stronger or stricter than federal laws. In these cases, the state laws must be followed.
Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act (HIPA