Legislative changes in state and federal bureaucratic injection into health care – and its evolving application through case law – continually transform the delivery of health care and its effect on patients and providers. In this high speed time in history, understanding your rights and responsibilities requires ongoing education and consultation with those who have a frame of reference to understand the application of laws to health care. Friend & Associates is able to provide clients and potential clients with such insight and direction.
Each fact situation and case is unique, so that legal evaluation for determination of how the law applies, or whether a claim or defense exists depends upon the acumen and experience of the attorney. Preferably, you want an attorney who has experience in both the medical and legal parameters, and understands both sides of a potential claim.
Providers are focused on clinical, physical and procedural aspects of evidence based medical treatments, and protocols and their effect on patients. They are not trained in application of the law or the mechanics of maneuvering through the regulatory process, especially when addressing licensing issues.
Regulatory and Licensing boards retain attorneys to determine whether violations against the provider exist, and apply the law to the facts against the nurse, therapist, physician or other provider. Licensing Board attorneys and investigators are “not seeking justice for the licensee”… They are not “neutral”. Therefore, the odds are stacked against the Providers who attempt to navigate the regulatory procedures and defend him or herself against a complaint or allegations of regulatory violations. Unfortunately, many do not learn that until after the time has past under regulatory procedures for them to provide effective defenses, or, the provider has directly or indirectly conceded to penalties, suspension and supervision which are career altering.
Health Care is governed not only by statues that are enacted by legislatures, but by copious administrative regulations published by licensing and governing agencies that have become exponentially complex, lack clinical understanding, become effective long after treatment protocols change and advance, and continually evolve because of the time consuming bureaucratic environment. They weave into the regulator scheme, both civil and criminal penalties. The following are examples of law that affects medical providers:
Patients are granted rights in all aspects of health care. Patients’ rights are priority and must be considered by all providers and in all aspects healthcare business. Unfortunately, political and provider goals often take priority so they function or practice by taking foreseeable risk of incurring Patient injury. Remedies are provided to Patients when a Provider, insurance company or a medical healthcare related business or professional fails to comply with those rights. The remedies very and may be effectuated through administrative regulatory procedures or through litigation. Legislative rights include:
Rights under federal and Texas laws, such as HIPAA of PPACA, Hospital, Rehabilitation and Long-term graduated care and nursing-home statues and regulations; they are complex, and may include violations of privacy rights or allotment for malpractice claims.
To schedule a consultation, call Friend & Associates at 888-352-0726 or gfriend@friendassoc.com .