Component 1: Introduction to Health Care and Public Health in the US Unit 6: Regulating Health Care Lecture b: Law

Objectives Describe the basic concepts of law in the United States: the legal system, sources of law, classification of laws, the court system, and the trial process Component 1/Unit 6b2 Health IT Workforce Curriculum Version 1/Fall 2010

The Legal System in the US Review of concepts –Three branches of government Legislative- consists of the House of Representatives and the Senate Executive- describes the President and his/her Cabinet Judicial- judges and federal courts, as well as the Supreme Court Component 1/Unit 6b3 Health IT Workforce Curriculum Version 1/Fall 2010

The Legal System in the US (continued) –The three branches are separated by there are checks and balances to ensure one branch did not have more power than any other branch: Congress passes legislation into law The President can veto the law, although Congress can override the veto with a 2/3rds majority vote The President appoints judges, Congress must confirm The President must enforce the law Component 1/Unit 6b4 Health IT Workforce Curriculum Version 1/Fall 2010

Sources of Law Law- rules prescribed by a government that are enforceable. Constitutional law- pertain to the US Constitution and state constitutions Statutory law- laws passed by Congress or the state legislation Regulatory law- made by Federal agencies Common law- made by judges when they apply previous court decisions to current cases. (also called case law) Component 1/Unit 6b5 Health IT Workforce Curriculum Version 1/Fall 2010

Classification of Laws Civil Law –Law dealing with tort, contract, property, inheritance, family, and corporate law Public Law –4 different types- criminal, administrative, constitutional, and international –These laws deal with relationships between individuals or individuals and the government Component 1/Unit 6b6 Health IT Workforce Curriculum Version 1/Fall 2010

Classification of Laws (continued) –These laws carry monetary award (damages) as compensation for harm or injury: Divorce, child custody, auto accidents, slander, libel, and trespassing –Contract law- enforceable promises and agreements between 2 or more people to do or not do a specific activity. Violates contract law by breaching or neglecting agreement. Both parties must be competent for contract to be binding. Component 1/Unit 6b7 Health IT Workforce Curriculum Version 1/Fall 2010

Classification of Laws (continued) Expressed Contract- oral or written contract that states the terms of the contract Implied Contract- shown through inference by signs, silence, or inaction. –Tort law- wrongful act that results in harm to another person or person’s property. Also carries monetary award as compensation Tort law can involve intentional or unintentional acts Component 1/Unit 6b8 Health IT Workforce Curriculum Version 1/Fall 2010

Classification of Laws (continued) Intentional tort- a person intentionally injures another person. Examples include assault, battery, false imprisonment, defamation of character, fraud, embezzlement, and invasion of privacy –Assault- imminent apprehension of bodily harm –Battery- bodily harm or touching without consent –Fraud- an attempt to deceive another –Invasion of Privacy- can occur any time Component 1/Unit 6b9 Health IT Workforce Curriculum Version 1/Fall 2010

Classification of Laws (continued) Unintentional tort- can include negligence –Class action lawsuit- filed by one or more person on behalf of a larger group Laws protect the public from the harmful acts of others –Criminal law- when a person is accused of breaking a criminal law, evidence must be presented that will show an individual performed the act beyond a reasonable doubt. Component 1/Unit 6b10 Health IT Workforce Curriculum Version 1/Fall 2010

Classification of Laws (continued) –This means there must be some certainty that the defendant performed the act. If convicted, the defendant will pay a fine, be imprisoned, or both. Felony- –A criminal act that results in a punishment of death or imprisonment in a state or federal prison for more than 1 year. Includes murder, rape, sodomy, robbery, larceny, arson, burglary, and tax evasion Component 1/Unit 6b11 Health IT Workforce Curriculum Version 1/Fall 2010

Classification of Laws (continued) Misdemeanor –Less serious than a felony. Include traffic violations and minor theft. Punishment is a fine or imprisonment for less than 1 year. Administrative law- –covers regulations set by government agencies. Violation can have criminal or civil penalties Component 1/Unit 6b12 Health IT Workforce Curriculum Version 1/Fall 2010

Court Systems 2 Court systems –Federal –State Jurisdiction- –This refers to the court’s power to hear a particular case. If state laws are broken, then state court’s hear. If federal laws broken, then federal courts hear. Federal courts hear cases that extend to more than one state. Component 1/Unit 6b13 Health IT Workforce Curriculum Version 1/Fall 2010

Court Systems Grand jury –These individuals hear evidence about a criminal case, then determine if there is enough evidence for a trial. –These hearings are held behind closed doors. –The grand jury votes to indict the defendant. Litigation –This is a lawsuit Component 1/Unit 6b14 Health IT Workforce Curriculum Version 1/Fall 2010

Court Systems (continued) Appellate Court System –Appeals court –This court does not bring all the parties back and redo the trial. Instead, this court reviews the transcripts from the trial to ensure the original trial was fair and correct. –The judge can affirm, reverse, or modify the original decision. Component 1/Unit 6b15 Health IT Workforce Curriculum Version 1/Fall 2010

Court Systems (continued) –Subpoena The court sends out a document that requires a person or documents to appear during a trial –Expert Witness When the subject matter is beyond the knowledge of the judge and the jury, an expert in a particular subject can be called to testify about that subject Component 1/Unit 6b16 Health IT Workforce Curriculum Version 1/Fall 2010