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Introduction:
This assignment requires students to select a state regulation from a US state of their choice on one of the given topics and prepare an annotated copy of the regulation. They are also required to highlight notable sections and describe how patients, providers, product developers, health care organizations, and payers may be impacted. This answer will provide a general guideline on how students can approach this assignment.
Answer:
1. Front line workers are required to be immunized for influenza and potentially other contagious diseases. Where does this requirement come from and how does the state regulation ensure compliance?
Answer: The requirement for front line workers to be immunized for influenza and potentially other contagious diseases comes from states’ health and safety laws with the aim of increasing the immunization rate and minimizing the spread of diseases. Compliance with this regulation is ensured through various mechanisms such as record keeping, monitoring, and reporting of immunization status by health care facilities where these workers are employed. These facilities may face penalties or lose license to operate if noncompliant with the regulation.
2. Health professionals have responsibility for reporting elder and child abuse and neglect. How do state regulations help to meet this expectation?
Answer: State regulations require health professionals to report suspected cases of elder and child abuse and neglect to the relevant authorities to ensure protection and safety of vulnerable individuals. Health professionals are mandated to complete training on how to recognize and report such cases. The state has established procedures for reporting, investigating, and responding to such cases, and failure to comply with this regulation can lead to disciplinary actions by licensing boards.
3. Long-term care facilities must offer certain services according to state standards. What are they?
Answer: Long-term care facilities must offer a range of services to meet the physical, emotional, and psychological needs of residents. These services, which may vary by state, include assistance with daily living activities, medication management, rehabilitation, nursing care, social activities, and counseling services. State regulations stipulate the minimum standards that long-term care facilities must meet to ensure quality of care is maintained.
4. Some states have a certificate of need program to assess the need for new health service providers. How does this work?
Answer: A certificate of need (CON) program is a regulatory process that requires organizations to obtain approval from a state agency before constructing new health care facilities or expanding existing ones. The purpose of this program is to control health care costs, reduce duplication of services, and ensure access to essential health care services in a community. An applicant for a CON must demonstrate that there is a demand for the service, that it meets certain quality standards, and that it is financially viable.
5. Lead paint screening is a federal initiative that takes place in nearly every state, how are these services regulated on the state level?
Answer: Although lead paint screening is a federal initiative, states have the authority to regulate the implementation of these services. State regulations may require specific tests for lead exposure, set standards for acceptable lead levels, mandate reporting of test results, and establish requirements for remediation of contaminated properties. Some states may also have regulations governing the training and certification of lead inspectors and contractors.
6. Sexually transmitted diseases are reportable under state regulation. What diseases and what regulations ensure this reporting properly?
Answer: Sexually transmitted diseases (STDs) are reportable under state regulation to track the spread of these diseases and guide prevention efforts. The diseases reportable and the required reporting procedures vary by state, but they generally include chlamydia, gonorrhea, syphilis, and HIV/AIDS. Regulations may require physicians, labs, and other health care providers to report cases of STDs to the department of public health and ensure confidentiality of patient information. Failure to report cases of STDs can result in fines, disciplinary action, or loss of license to practice.
7. Parental notification is required for the treatment of minors. Select a state and indicate how parental notification related to teen pregnancy in that state.
Answer: One example of a state with parental notification requirements related to teen pregnancy is Texas. In Texas, minors seeking abortion services must notify at least one parent or obtain a judicial bypass to obtain abortion services without parental consent. The regulation aims to encourage parental involvement in the minor’s decision-making process and ensure that parents are informed about their child’s medical care. Failure to comply with this regulation can lead to disciplinary action by the state medical board.
8. Patients must consent to participate in research studies, including granting permission to use their biological tissues for tissue banks or organ banks. Does this involve state regulations if not what laws govern this?
Answer: Patients’ consent to participate in research studies and the use of their biological tissues for tissue and organ banking are governed by various laws and regulations, including federal and state privacy laws and regulations governing human subjects research. State regulations may require additional protections for patients in research studies, such as requiring informed consent forms to be reviewed and approved by ethics committees. Failure to comply with these regulations can result in penalties, fines, and loss of research funding.
9. Health insurance is administered on a state level. What state regulations govern Health Information Exchange? (Note you must select a state with a Health Information Exchange in operation or close to operation.)
Answer: One example of a state with regulations governing Health Information Exchange (HIE) is New York. The New York State Department of Health governs the Statewide Health Information Network for New York (SHIN-NY), which facilitates the exchange of patient health information across health care organizations in New York. The regulations set standards for the use, access, and disclosure of patient health information, ensure the privacy and security of
