Medical Care Law

Chapter 4 - Administrative Law And Violations

Highlights

Administrative law deals with regulation by state and federal agencies.

Participation in Medicare, Medicaid, and other governmental programs subjects health care practitioners to broad administrative regulations.

Violation of administrative regulations can result in fines and imprisonment.

Administrative agencies have almost unlimited access to health care practitioners' records and offices.

Health care practitioners must understand agency procedures as a first step to compliance.

Introduction

Establishing Agencies

The Delegation Problem

Enabling Legislation

Political Control over Agencies

Executive Branch Supervision

Congressional Supervision

State and Local Control

Agency Procedure

Agency Expertise

Inquisitorial versus Adversarial

Formal Agency Action

The Goldberg Rights

The ALJ's Decision

Informal Agency Action

Rule Making

Notice-and-Comment Rule Making

Informal Rule Making

Enforcement

Permits, Licenses, and Registrations

Administrative Orders and Civil Penalties

Injunctions and Seizures

Judicial Review Of Agency Actions

Exhaustion of Remedies

Standard of Review

Agency Interpretation of Law

Scientific or Technical Expertise

Emergency Care And Emtala

References

Suggested Readings

Appendix 4-A - 42 U.S.C.A. Sec 1395dd Examination And Treatment For Emergency Medical Conditions And Women In Labor

Appendix 4-B - 42 Cfr Sec 489.24 Special Responsibilities Of Medicare Hospitals In Emergency Cases