Health law is a broad body of law that controls the provision of healthcare services. Health law controls the relationship between healthcare providers and those who receive it.
Various topics and subtopics are involved in the provision of healthcare law such as contracts, provision of services, employment law and fraud.
Health attorneys may focus on a specific area of healthcare law, or they may offer comprehensive legal services to a healthcare provider.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.
Major health law legislation in the US
Social Security Amendments of 1965
The Social Security Amendments of 1965 instated the Medicare and Medicaid programs. Medicare offers government-funded medical insurance to seniors who qualify for it. Medicare exists to help seniors who may find it challenging to secure medical insurance in the private market.
Medicaid is government-sponsored medical insurance for people in the low-income group. Every state manages its own Medicaid program on the basis of federal guidelines.
Emergency Medical Treatment and Active Labor Act (EMTALA)
According to the Emergency Medical Treatment and Active Labor Act of 1986, healthcare providers must provide medical services to anyone in emergency circumstances.
A medical service provider cannot refuse to offer services based on an individual’s inability to pay. The healthcare provider must stabilize the person or transfer them to a facility that offers suitable services.
Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act mandates that health care providers cannot disclose personal health information. Providers are required to allow patients access to their own health records.
HIPPA has stringent rules on when providers can share the treatment information of a patient. This law endeavors to assist people in receiving better care in the knowledge that their information will remain confidential.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
The Consolidated Omnibus Budget Reconciliation Act enables people and families to keep group medical insurance in place for a specific duration after a change in employment for covered reasons.
As private medical insurance is commonly provided by an employer, an individual who loses their job may find themselves and their family suddenly without medical insurance.
COBRA laws make it necessary for the employer to continue to keep the employee on the group plan for a specific duration after their employment ends.
The coverage provision is at the employee’s own expense. While people electing COBRA may have to bear the premium costs, this law enables them to keep their medical insurance in place as they undergo a personal change or seek new arrangements.
Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act of 2010, also known as the Affordable Care Act, expands the eligibility for Medicaid eligibility and is funded by increased taxation for high-income earners. Insurers must accept all applicants under this act.
On the other hand, all citizens must buy insurance. Healthcare insurers cannot discriminate based on pre-existing conditions, and they must charge uniform prices irrespective of an individual’s health history. Consumers may be eligible for premium subsidies based on income.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
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