Common Law & Health Care Essay Examples & Outline
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Common Law and Health Care
Common law is not written in one document like an act of parliament, however, it is a form of law that is based on previous court cases that are decided by judge. The law is often applied by reference to those previous cases, so common law is also said to be based entirely on precedent. The general position is that if information is often given in circumstances there is a need for confidence, and information cannot normally be disclosed without the provider’s consent (Persily, 2013).
Therefore, in practice, this often means that all the patient information it must not be normally disclosed without consent of the patient (Kowalski, 2004). However, in regards to health care, there are three circumstances that make disclosure of confidential information lawful. According to common law, information pertaining to individual may be given out if the person has consented, where disclosure is in the public interest and where there is a legal duty to so, for example a court order.
Separation of powers can be described as the model of government where different parts of government are responsible for different functions in the United States. Checks and balances can be described as a means of trying to ensure that no one of those areas can operate completely on its own. Each of the different institutions does not depend for its power another.
The state government has provided health care subsidies in tax credits. Secondly, the state government has also put up structures in regards to healthcare policy in order to streamline the institution with several district managers (Persily, 2013). The Supreme Court ruled that tax subsidies in states is lawful. The decision has affected the community as it has made persons to afford health insurance under the law.
Persily, N., Metzger, G. E., & Morrison, T. W. (2013). The health care case: The Supreme Court's decision and its implications. Oxford: Oxford University Press.
Kowalski, K. M. (2004). Separation of powers. Minneapolis: Lerner Publications.