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What the price ceiling does is immediately lowers competition that could have benefited from setting their own pricing. By setting any prices with a minimum or maximum, that group foolishly compromises the entire infrastructure in exchange for profit. Because of this, I believe the court will favor for the State of Arizona because the Medical Society set the price cap in order to benefit the member doctors over the non-member doctors, giving its members the advantage. Also because the per se rule, which is applicable to restraints of trades that are considered inherently anti-competitive, the price ceiling violates Section 1 of the Sherman Act, which would make the Medical Society guilty of its
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& West, D. (2015).A look back at technical issues with Healthcare.gov. Retrieved from http://www.brookings.edu/blogs/techtank/posts/2015/04/9-healthcare-gov-issues Longest, B. B. (2010). Health policymaking in the United States (5th Ed.).
HIPPA Breaches A Common Legal Issue in Healthcare When it pertains to patient health information discretion is paramount. Protecting patients from threats that could endanger their rights is essential and the primary reason for safeguarding their personal information is to secure the interest of the individuals who are entrusting the organization with their information. There are however breaches to individuals’ private health information. In the healthcare field one common legal issue is HIPPA and data breaches. These breaches and failure to comply with the rules can be detrimental to the healthcare organization and most importantly the patients.
1- HIPAA Enforcement rule became stricter Because of the lack of compliance from many covered entities with HIPAA privacy and security rules, the enforcement rule is procreated. The Department of Health and Human Services HHS is given the power by the enforcement rule to look for any unauthorized access of PHI (Protected Health Information) in any covered entity against HIPAA Privacy rule. In the same time the enforcement rule gave The Department´s Office for Civil Rights the qualification to apply a criminal charge as penalties against HIPAA violation and for a person who commits an illegal act, who fail to introduce corrective measures within 30 days. 2007: CMS announced the deadline for compliance with the National Provider Identifier (NPI) It is mandated by HIPAA, that all health care providers use their NPI, which is an individual identification number, to identify themselves. 2008 OCR did not meet the federal requirement in
ScienceDaily. Retrieved June 16, 2017 from www.sciencedaily.com/releases/2014/05/140509074114.htm Impact of Lifestyle on Health. (2015). US National Library Of Medicine. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4703222/#B7 Thomée, S., Härenstam, A., & Hagberg, M. (2011).