MH0058 – Legal Aspects in Healthcare Administration

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ASSIGNMENT

DRIVE	WINTER 2013
PROGRAM	MBA/MBAHCSN3 - Sem 4 / PGDHSMN - Sem 2
SUBJECT CODE & NAME	MH0058 – Legal Aspects in Healthcare Administration
BK ID	B1322
Credit and Max. Marks	4 credits; 60 marks

Note – Answer all questions. Kindly note that answers for 10 marks questions should be approximately of 400 words. Each question is followed by evaluation scheme.

1 Which are the 3 types of inquest’s in India? Explain.

Answer : An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death.[1] Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are only conducted upon deaths which are suspicious, due to violence, involving law enforcement officials, or of persons held in state custody

2 Explain the relevance of consumer protection act in the hospital scenario.

Answer : In the pursuit of globalization, India has responded to opening up its economy, removing controls and resorting to liberalisation. The natural corollary of this is that the Indian market should be geared to face competition from within the country and outside. The Monopolies & Restrictive Trade Practices Act, 1969 has become obsolete in

3 Explain health as a fundamental right.

Answer : Good health is the fundamental right of all human beings

Whilst most of the important areas of our social lives are already under public control, a decisive area has escaped: our health.

Passing totally unnoticed by public opinion is a clandestine process that has been operating for many decades. One branch of industry has obtained a world-wide monopoly on health and illness, literally managing to subject humanity to its dependence: the

4 What is informed consent? Describe the implications of breaching confidentiality.

Answer : Informed consent is a phrase often used in law to indicate that the consent a person gives meets certain minimum standards. As a literal matter, in the absence of fraud, it is redundant. An informed consent can be said to have been given based upon a clear appreciation and understanding of the facts, implications, and future consequences of an action. In order to give informed consent, the individual concerned must have adequate reasoning

5 Describe two important Indian cases that have led to the formation of case laws in medical emergencies.

Answer : The Emergency Medical Treatment and Active Labor Act (EMTALA)[1] is a U.S. Act of Congress passed in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA). It requires hospitals to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status or ability to pay. There are no reimbursement provisions.

EMTALA applies to "participating hospitals." The statute defines "participating hospitals" as those that accept payment from the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) under the Medicare program.

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