Contracts and Antitrust Protocols Based on the Criminal Aspects of Health Care
Respond to the following:
• From the scenario, differentiate between the concepts of criminal law, antitrust, and health care as they apply to U.S. health law in the 21st Century. Conceptualize the primary ways in which these laws apply to U.S. health care administrators.
• Analyze the general transition of U.S. health laws based on criminal misconduct in health care to the creation of contract laws, as predicated within the Sherman Antitrust Act. Evaluate the efficacy of the measures that the new contracts in question afford, and rationalize whether or not these improvements have provided optimal solutions to today's complex concerns of integrity in health care performance.
Instructor insights bring additional content and perspectives to your assigned readings. The three articles presented to you go beyond criminal law in health care systems to discuss contributions of the criminal justice system in expanding or maintaining health disparities in the US health system. Inadequate health care in correctional environments adds to and maintains health disparities by race and ethnicity in the society. Also, the perception of some health conditions such as substance dependence either as crimes or as sickness can lead to or can be a catalyst for reduction in health disparities.Please, reflect on the two dimensions discussed in your instructor insights as you conclude your discussions .
References:
Binswanger, I. A. , Redmond, N., Steiner, J.F., Hicks, L. S. (2011)Health Disparities and the Criminal Justice System: An Agenda for Further Research and Action. Journal of Urban Health: Bulletin of the New York Academy of Medicine, 89 ( 1), 98-107.doi:10.1007/s11524-011-9614-1
Nicosia, N., MacDonald, J.M. , Arkes, J.(2013). Disparities in Criminal Court Referrals to Drug Treatment and Prison for Minority Men. American Journal of Public Health, e1-e18. Published online ahead of print April 18, 2013: e1-e8. doi:10.2105/ AJPH.2013.301222)
Erin D. Kampschmid, E.D.(2015) Prosecuting W omen fo r Drug Use During P regnancy: T he Criminal J ustice System Should Step Out and the Affordable Care Act Should Step Up. Health Matrix ,25, 487-512