LearningTeam B Topic Selection
Ourteam has selected the following three topics: copyright andintellectual property, commercial speech and advertising, andregulation of technology and the law (Information TechnologyGuidelines/Law in Health Care) for the final team learning paper.
Discussionof selected topics
InformationTechnology Guidelines (Law) in Health Care
Informationtechnology, in any health care centers, facilitates the exchange ofinformation in an electronic environment. It plays a significant rolein improving the quality of health care, reducing health care costs,decreasing paperwork, preventing medical errors, expanding access toaffordable health care, as well as increasing administrativeefficiencies (Ciampa & Revels, 2012).Health InformationTechnology for Economic and Clinical Health Act (HITECH Act) andHealth Insurance Portability and Accountability Act (HIPAA) are thetwo chief laws in the IT health care. Both laws reinforce each otherin several ways, even though they are separate and unrelated. Forexample, HITECH clearly stipulates that its technology standards andtechnologies do not compromise any of the HIPAA security and privacylaws.
Copyrightand intellectual property
Intellectualproperty refers to creations of mind like artistic and literary work,inventions, symbols, designs, images, and names used in commerce. Inlaw, intellectual property is protected by copyright, patents, andtrademarks (Hanley, 2004). It plays a key role in fostering anenvironment that facilitates the flourishing of creativity andinnovation.
Commercialspeech and advertisement
Commercialspeech and advertising is protected by the first amendment of the U.Sconstitution however, it enjoys les protection from governmentalencroachment as compared to other forms of speech (McGowan,2000).In the past, purely commercial advertisements were not protected inthe constitution however, with time the constitution does notrestrict government’s effort in the regulation of these forms ofadvertisement.
Ciampa,M & Revels, M. (2012). Introductionto Healthcare Information Technology.New York: Barons Press.
Hanley,D.F. (2004). IntellectualProperty Law: Responding To Audit Inquiry Letters after theSarbanes-Oxley Act. GPSolo,21, 6, 40-41.
McGowan,D.F. (2000). ACritical Analysis of Commercial Speech. CaliforniaLaw Review,78, 2, 359-448.