Wednesday, December 25, 2013

MHM 522 Legal Aspects of Health Administration SLP

Healthcare provision is a critical service which ought to be carefully regulated by the relevant authorities in order to reduce or curb cases of malpractices that lead to losses of lives and revenue. Operating a healthcare facility is therefore subject to statutory regulation, and one has to comply with these laws in order to be allowed to operate. The laws vary from state to state though the basic ones are set on a federal level and as such are applicable to all states (AHCA, 2010). This case is focused on the state of Florida.

Applicable Statutes and the Licensing Process
The state of Florida has different procedural orders for licensing people or organizations to offer health care services. These depend on the particular service to be offered. Considering a hospital, the licensing procedure entails first applying to the Agency for Health Care Administration (AHCA) (Barnes, 2001). Usually, application for this license ought to be made first and its receipt confirmed before any organization can be allowed to advertise for the services being offered by the hospital. This rule is provided for under chapter 395, the first part of the Florida Statutes, as well as the second part of Chapter 408 of the Florida Statutes (Barnes, 2001). The hospital is usually required to maintain its current license although it is allowed to apply and be considered for Medicare Certification and then become an accredited hospital (AHCA, 2010).

In order to be compliant with licensure, an accredited hospital will have to meet the requirements of Chapter 59A-3.253(3) of the Florida Administrative Code (Barnes, 2001). Since such hospitals are compliant with certification and licensure requirements, they are usually exempt from the on-site surveys that are usually done routinely. However, every hospital has to be inspected for the Life-Safety Code. The procedure involves first applying for a Certificate of Need from the Financial AnalysisCertificate of Need Unit in order for a review of the project to be done. On receipt of the certificate, the Office of Plans and Construction must be notified to issue a plan review before any building is constructed (AHCA, 2010). With these applications must accompany a licensure application fee and the relevant documentation for support. Finally, upon approval of these, a licensure survey is conducted. A license is issued only if the survey is successful (Barnes, 2001). 

The State Survey Agency in Florida and the Conditions for Certification
The State of Floridas Survey Agency is called the Florida Agency for health CARE Administration (AHCA). Its criteria for certification include analysis of the organizations ability to comply with the applicable laws and regulations. One important area is the ability to adhere to state and federal laws that require that the requirements of the following chapters are met Chapter 395 Part 1 and Chapter 408 part II both of the Florida statutes, and Chapter 59A-3 of the Florida Administrative Code (AHCA, 2010). These statutes, among other provisions, outline the need for an operator of a facility to prove that all the safety requirements as well as the good practices codes are guaranteed (AHCA, 2010).

They require that an applicant for a license must be evaluated on the basis of proof of not only understanding these statutes but also ability to do as they require. The hospital also ought to be surveyed in accordance with the provisions of the Centers for Medicare and Medicaid Services. There has to be conducted two surveys, one before the beginning of the operations and the other after the hospital has begun operating on a full scale. A very important criterion entails having the organization have all the supporting documentation to prove that all the necessary legal and statutory requirements have been met (AHCA, 2010).

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