About Health Care Law

The Healthcare Law from a European Perspective is a graduate course that hopes to bring together teachers, health policy makers and law graduates from all over Europe for an exchange of ideas and foster cooperation among neighboring nations. It involves various topics on healthcare law including medical ethics. They also expect to tackle solutions to common problems in the continent.

No scope has yet been defined since it is a relatively new study although broadly, healthcare law is defined as the study of all laws passed that affects healthcare issues. By this definition, healthcare law possesses certain legal specialization which may cross over to administrative, civil or even penal law.

Do you remember the game you played when you were kids? The game wherein you had to save only 5 – 10 people (placed inside the boat) out of, say, 20 (depending on the rules of the game), and lay off the others who are “worthless”, all of which have special cases?

Doctors in Chicago are pretty much doing the same right now. A group of medical professionals, together with some prominent people in the academe, have come up with a list of who won’t join the boat if ever something like that will happen. They included in their list the elderly, victims of trauma, patients who have had 3rd degree burns and those who are mentally challenged. They actually did this list so that all hospitals will adopt the same roster of patients.

Sounds familiar? It’s like the 3rd sequel of the Titanic.

Photo taken from http://www.geocities.com/sachem01890

The Microsoft HealthVault Fund has increased from $3 million to $4.5 million to give more substantial awards for the winners of the online health applications contest. This contest encourages the creation of solutions that address health issues such as childhood obesity, diabetes management, medication reconciliation and health management. The judges represent leaders from the health field, including Adam Bosworth, Newt Gingrich, Mark Liponis, M.D., Valerie Montgomery Rice, M.D., Leslie Nowralk, Mark Pierson M.D., and Brent Ridge, M.D. The winners will be revealed at the Microsoft HealthVault Solutions Conference which will be held from June 9 to June 10 in Bellevue, Wash.

There are actually 7 types of Health Insurance in which an applicant can apply for in US. But usually, it depends on the status or occupation of the applicant. The types of Health Insurance are as follows:

1. Group Health Plans – This kind of insurance provides health care coverage for employers, student organizations, professional associations, religious groups and the like.

2. Individual Plans – This kind of plan is sold directly to individuals that avail of the insurance plan by applying personally to have one.

3. Fee-For-Free Insurance Plans – This is actually a way of some companies to compensate with the access of their employees to health care service. This plans offer reimbursements or refunds for their paid bills on hospitals from their company.

4. Managed Care Plans – These are sold to either group or individual clients. This insurance is manage by an insurance company wherein it has 2 subdivisions:
a. Health Maintenance Organization (HMO) – This is a prepaid plan in which people who avails this kind of insurance will pay a premium every month.
b. Preferred Provider Organization- This is a combo of fee-for-free insurance plans plus health maintenance organization plans

5. Government Health Plans – There are actually two types of Health insurance plans US offers:
a. Medicare – The coverage of this insurance is hospital insurance where it aides in paying for hospital stays and other bills consumed during hospitalization.
b. Medicaid – is designed to provide help with the beneficiaries of the person who applied for it. It covers lab test, consultation fee and x-rays
•TRICARE – health insurance plans for military

6. Supplemental Insurance – this covers the expenses that an individual failed to pay using the regular insurance

7. Worker’s Compensation – this is a kind of insurance in which the basis is if the injury is job related this insurance will cover it.

The code of ethic in the Philippines is formulated by the Philippine Medical Association promulgated or known as Republic Act 4224. This Code of Ethics includes the duties, responsibilities, obligations of Filipino Physicians to the recipient of their care.

The Code of Ethics of Physicians is subdivided into two Articles. Article I, in which in states the General Principles. There are six Sections in this article. Meanwhile, in Article II, it states the duties of the physician to their patients or to the recipient of their care.
Here is the Code of Ethics in Medical field in the Philippines (pinoy.md – a website for Filipino Doctors)

Article I
GENERAL PRINCIPLES

Section 1. The primary objective of the practice of medicine is service to mankind irrespective or race, creed or political affiliation. In its practice, reward of financial gain should be a subordinate consideration.

Section 2. On entering his profession a physician assumes the obligation of maintaining the honorable tradition that confers upon him the well deserved title of “friend of man”. He should cherish a proper pride in his calling, conduct himself as a gentleman, and endeavor to exalt the
standards and extend the sphere of usefulness of his profession. He should adhere to the generally accepted principles of the International Code of Medical Ethics adopted by the Third General Assembly of the World Medical Association at London, England in October, 1949 as part of his professional conduct.

Section 3. In his relation to the state and to the community, a physician should fulfill his civic duties as a good citizen, conform to the laws and endeavor to cooperate with the proper authorities in the due application of medical knowledge for the promotion of the common welfare.

Section 4. In his relation to the state and to the community, a physician should fulfill his civic duties as a good citizen, conform to the laws and endeavor to cooperate with the proper authorities in the due application of medical knowledge for the promotion of the common welfare.

Section 5. With respect to the relation of the physician to his colleagues, he should safeguard their legitimate interests, reputation, and dignity-bearing always in mind the golden rule “whatever ye would that man should do unto you, do you even so to them.”

Section 6. The ethical principles actuating and governing a clinic or a group of physicians are exactly the same as those applicable to the individual physician. Specialties in the various fields of medical sciences are not exempt from the application of these principles

Article II
DUTIES OF PHYSICIANS TO THEIR PATIENTS

Section 1 A physician should attend to his patients faithfully and conscientiously. He should secure for them all possible benefits that may depend upon his professional skill and care. As the sole tribunal to adjudge the physician’s failure to fulfill his obligation to his patients is, in most cases, his own conscience, and violation of this rule on his part is discreditable and inexcusable.

Section 2 A physician is free to choose whom he will serve. He may refuse calls, or other medical services for reasons satisfactory to his professional conscience. He should, however, always respond to any request for his assistance in an emergency. Once he undertakes a case, he should not abandon nor neglect it. If for any reason he wants to be released from it, he should announce his desire previously, giving sufficient time or opportunity to the patient or his family to secure another medical attendant.

Section 3 In cases of emergency, wherein immediate action is necessary, a physician should administer at least first aid treatment and then refer the patient to a more qualified and competent physician if the case does not fall within his particular line.

Section 4 In serious cases which are difficult to diagnose and treat, or when the circumstances of the patient or the family so demand or justify, the attending physician should seek the assistance of his colleagues in consultation.

Section 5 Physicians must exercise good faith and strict honesty in expressing his opinion as to the diagnosis, prognosis, and treatment of the cases under his care. Timely notice of the serious tendency of the disease should be given to the family or friends of the patients and even to the patient himself if such information will serve the best interest of the patient and his family. It is highly unprofessional to conceal the gravity of the patient’s condition, or to pretend to cure or alleviate a disease for the purpose of persuading the patient to take or continue the course of treatment, knowing that such assurance is without accepted basis. It is also unprofessional to exaggerate the condition of the patient.

Section 6 The medical practitioner should guard as a sacred trust anything that is confidential or private in nature that he may discover or that may be communicated to him in his professional relation with his patients, even after their death. He should never divulge this confidential information, or anything that may reflect upon the moral character of the person involved, except when it is required in the interest of justice, public health, or public safety.

Section 7 The medical profession not being a business and service its primary concern, a physician should not charge exorbitant or excessive fees. In determining the amount of the fee, he should always consider the financial status of the patient, the nature of the case, the time
consumed, his professional standing and skill and the average fees charged by physicians of the same standing in the same locality.

But what the consumers don’t know and the marketing directors take advantage of, is that the product doesn’t necessarily have to be free for Americans to scoop it up. The people just have to believe in their own minds that it’s free. A highly successful selling technique is the “free gift” technique, offered on items that range from perfume, a product already being sold in numbers with outrages mark-ups, to cars, where cunning dealers lure customers with something “free” worth something tempting while the consumer in fact, pays the company the transaction which originally included the price of the so-called “free” giveaway.

With respect to the health care system proposals from the current administration that has seen a lot of resistance and was met with skepticism when it entered deliberations. He did make it a point when he introduced the bill that he was not going to accept any compromise. But reality comes and hits hard with him now accepting some revisions for the law to come back down to earth for with the US economy getting worse, there is not much support for the stern stand he was taking. With the help of congress and the senate, the administration is working hard to get these laws into implementation for Americans are getting very much impatient with the progress or lack of it the administration is currently in.

President Obama promised to overhaul the US’s health care system ever since he ran for office for it is one of the most pressing social issues that is plaguing the US. Many people who voted for him are in fact hoping for the “CHANGE” he so promised that was the norm of the political system for quite sometime. He has worked with his staff to get with a proposal on how the reform to the health care system if to take shape but as soon as it went into deliberations with lawmakers, stiff opposition was the unanimous voice. Funding is one of the key issues to be addressed and with many States already on the brink of bankruptcy, not much cash is available the proposed changes. Time will tell if a proper and acceptable compromise will be found, which ever way it goes the funds would have to come from somewhere.

This is the approach being taken by the Obama administration for the industry can be compared to a chunk of Swiss Cheese, riddled with holes and headaches. The health care system in the US is not only damaged but the whole health system is in so need of a revamp, touching one side of the spectrum without addressing the other would quickly land them in hot water, enough to scald them with the following legal battles. Read the rest of this entry »

The economy is in shambles and one of the most critical victims is of course, the health care system. The US health care system has been battling for survival since the system fell in disarray many years back with public care being of less importance that the many costs the government had to fund. The two wars and other more pressing issues such as the current economic stimulus package has again taxed heavy on the system which has lagged so much behind compared to private care in the many hospitals around. Read the rest of this entry »