Health Policy: Sources of Law by https://padlet.com/judges2014/y4x4aafps4nrvsmb Made with a creative frenzy en-us 2021-11-08 00:07:30 UTC 2025-11-08 16:19:28 UTC hello@padlet.com Summary of the Sources of Law in the United States judges2014 https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873796818 https://www.youtube.com/watch?v=y-rAjwNhp_8  (Sources of law in the United States - YouTube 2020) ]]> 2021-11-08 02:12:40 UTC https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873796818 What is Law? judges2014 https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873836890 According to the Collins English Dictionary, "The law is a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. You can also use the law to refer to the people who work in this system." ]]> 2021-11-08 02:30:43 UTC https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873836890 Purpose of Law judges2014 https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873848073 2021-11-08 02:35:26 UTC https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873848073 What are the 4 Sources of Laws? judges2014 https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873864776 1. Constitution 
2. Statutes 
3. Regulations
4. Common Law ]]> 2021-11-08 02:42:21 UTC https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873864776 Constitution judges2014 https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873867921 - Establishes a government and presents vital rights and responsibilities of the state and the country. 
- Provides a union between the state and the three branches of the federal government (legislative, executive and judicial) 

How does the constitution affect healthcare?
 According to Legislative Attorney, Kathleen S. Swendiman, "The United States Constitution does not set forth an explicit right to health care. While the Supreme Court would likely find that the Constitution provides a right to obtain health care services at one’s own expense from willing providers, the Supreme Court has never interpreted the Constitution as guaranteeing a right to health care services from the government for those who cannot afford it"  (Swendiman, 2010) ]]> 2021-11-08 02:43:40 UTC https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873867921 Statutes judges2014 https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873868726 - A written law passed by a legislative body at all levels
- Considered to be a broad ambiguous policy that are often applied to specific cases requiring the courts' interpretation 

Examples of Statutes in Healthcare
- Patient Protection and Affordable Care Act
- Emergency Medical Treatment & Active Labor Act 
- Medicare & Medicaid 
- Occupational Safety & Health Act

]]> 2021-11-08 02:44:00 UTC https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873868726 Regulations judges2014 https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873869117 - Created by the executive branch to enforce statutes and simplify vagueness. 
- Prevalent in health policy and law 

Example: The HIPAA Privacy Rule
- "The HIPAA Privacy Rule establishes national standards to protect individuals' medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically" ((OCR), 2021).

]]> 2021-11-08 02:44:11 UTC https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873869117 Common Law judges2014 https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873874345 Often referred to as case law. Common law is derived form the interpretation and application of the courts opinions.

Examples of Common Law in Healthcare 
- Informed consent: The patient is aware of all risks, benefits and procedures involved in their plan of care prior to services being rendered
- Malpractice: The patient's necessities and health are protected from error, fraud, or poor medical practice 
- Right of refusal: The patient understands that all surgical/ medical procedures are optional. ]]> 2021-11-08 02:46:23 UTC https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873874345 References judges2014 https://padlet.com/judges2014/y4x4aafps4nrvsmb/wish/1873972012 (OCR), O. for C. R. (2021, July 13). The HIPAA Privacy Rule. HHS.gov. Retrieved November 8, 2021, from https://www.hhs.gov/hipaa/for-professionals/privacy/index.html. 
Admin, A. (2021, May 12). Common law in Healthcare: Florida Healthcare Law Firm. Florida Healthcare Law Firm | The Law Offices of Jeff Cohen, P.A. Retrieved November 8, 2021, from https://www.floridahealthcarelawfirm.com/common-law-in-healthcare/. 
HarperCollins Publishers Ltd. (n.d.). Law definition and meaning: Collins english dictionary. Law definition and meaning | Collins English Dictionary. Retrieved November 8, 2021, from https://www.collinsdictionary.com/dictionary/english/law. 
Health law: Statutory law. Research Guides. (n.d.). Retrieved November 8, 2021, from https://guides.libraries.uc.edu/c.php?g=222500&p=1472589. 
Sources of law in the United States - YouTube. Sources of Law in the United States. (n.d.). Retrieved November 8, 2021, from https://www.youtube.com/watch?v=y-rAjwNhp_8. 
Swendiman, K. S. (2010, April 5). Health care: Constitutional rights and legislative powers. Health Care: Constitutional Rights and Legislative Powers . Retrieved November 6, 2021, from https://www.ncsl.org/documents/health/LegPowers.pdf. 
Wilensky, S. E., & Teitelbaum, J. B. (2019). Law and the legal System. In Essentials of health policy and law (4th ed.). essay, Jones and Bartlett Learning. 
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