What is law? Law is a system of guidelines and rules that have been set in place to maintain order and conduct. In order to be successful in society or a business the Law plays a significant role in regulating behavior whether in school, home or work. This paper will discuss the functions and role of law in society as well as business, along with the functions and role of law in the Healthcare industry of which I’ve been a part of thru employment for the past 23 years.
Functions and Role of Law in Business and Society
Whether in Business or Society, the functions and role of law, serves the same purpose, to peacefully resolve disputes, maintain control over a situation, as well as to protect. In businesses, whether corporate America or a family owned business the employees consist of a diverse group of people from different backgrounds and cultures with their own cultural beliefs. With Such a diverse group of individuals there is bound to be conflict not just with the employees but management as well.
In businesses there are unethical acts that take place, however, some rules are violated unknowingly, not because the individual is unethical, it is simply because they did not know what the rules were. One way to make sure the Laws are enforced, and the business is in compliance is for Management to go thru training not only to learn the law which are known as policy and procedures and to teach the law but also to be able to handle certain situations that could possibly create a lawsuit such as sexual harassment issues, inappropriate language, misuse of the company’s equipment and/or confidential information
Functions and Role of Law Healthcare
Being in healthcare for over twenty three years, there are many laws that exist, one that stands out is the Health Insurance Portability Act of 1996 (HIPPA). HIPPA protects patient confidentiality and their privacy which allows the provider to be cautious as to how they share as well as with whom they share patient information with. HIPPA is divided into five rules or standards: The HIPPA Privacy Rule which mandates the privacy and protection of health information, The HIPPA Security Rule mandates the security of electronic medical records, The Transactions and Code Set Rule addresses the use of codes, The HIPPA Unique Identifiers Rule identifiers are used for covered entities to promote efficiency, standardization and consistency and finally The HIPPA Enforcement Rule increase the penalties for HIPPA violation. Diagnosis, treatment, medical records and payments are some of the things that are considered private information.
In order for one to be HIPPA compliant the law is broke even if the patient is a family member because at this point, they are a patient. There are penalties for breaching the HIPPA laws, the penalties range from $50,000.00 to one year in jail to $250,000.00 and 10 years in jail along with not ever being able to work in the healthcare industry again. For example, there was a young lady who handled posting patient payments whether it was check, cash or credit cards. While working, The FBI showed up and was taking pictures then seized everything that was on her desk.
Come to find out she was a part of a huge identity theft ring and was stealing patient’s credit card information and ordering online as well as using their credit to create other lines of credit. She violated over 200 patients. She now is awaiting trial due to the fact the hospital pressed charges as well as the patients and they are seeking the maximum sentence. Conclusion In conclusion without any type of laws, rules, or policy and procedures in place, there would be no type of order in society as well as at work. True enough, there are those that break the law some by choice and some not but the fact remains, you break the law, you pay the price.
Bagley, C. E., Clarkson, G., & Power, R. M. (2010). DEEP LINKS: DOES KNOWLEDGE OF THE LAW CHANGE MANAGERS’ PERCEPTIONS OF THE ROLE OF LAW AND ETHICS IN BUSINESS? Houston Law Review, 47(2), 259-295 Anderson, W. L.
(2010). The HIPPA Example of How Privacy Laws Should Work. Business Journal for Entrepreneurs, 2010(4), 35. Benefield, H., Ashkanazi, G., & Rozensky, R. H. (2006). Communication and records: Hippa issues when working in health care settings. Professional Psychology: Research And Practice, 37(3), 273-277. doi:10.1037/0735-7028.37.3.273
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