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Law - what is put together by Congress and signed by the President. This can involve tasking Federal agencies to do a specific task, referred to as a mandate.
by hguant 11y ago
Law - what is put together by Congress and signed by the President. This can involve tasking Federal agencies to do a specific task, referred to as a mandate.
Regulation - How the Agency turns its mandate, which is often broadly stated and sometimes nebulous, into concrete actions and policies. An example - I worked at the DOJ as an intern. There was a law passed to provide benefits to the families of public safety officers who died in the line of duty. What those benefits are? Who qualifies as a public safety officer? If a fire fighter gets in a car crash on his was home from a shift, does that qualify? The answers to these questions are determined by lawyers and experts in equal measure - the experts to determine what should be done to solve the problem, the lawyers to make sure the agency actually has the power to enact the policies the experts recommend. To put it in OOP terms, regulations are instances of law.
The stuff you mentioned - who is allowed to sign form 22a, minimum size of cleaning closets - is still law. The agencies also have the power to determine penalties for breaking regulations, not all of which involve going to jail. This power is again derived from what powers Congress assigns them when it writes the law.
- aczerepinski 11y agoThese are rules for being a Medicare participating provider and the consequence of violating them is that you can't bill Medicare. I want to see one example of an individual doing time or even paying a fine for failing a CMS condition. There are providers who don't bill Medicare, don't undergo CMS surveys, and don't follow the COPs. You guys are going overboard in calling it "the law."
- jforman 11y agoA lab at Cleveland Clinic was placed in Immediate Jeopardy status a few months ago. They voluntarily stopped some services temporarily and were fined $600,000. http://www.beckershospitalreview.com/quality/cms-fines-cleveland-clinic-hospital-for-lab-deficiencies.html http://www.beckershospitalreview.com/quality/cms-fines-cleve... Whether or not regulations are technically "laws" is beside the point, and arguing about it so much is pedantic. The feds show up with a gun and have full authority to fine you or even padlock your lab (which has happened plenty of times). Theranos is in plenty of legal (or regulatory, who cares) hot water right now, whatever you call it.
- sandebert 11y agoRelevant Family Guy. https://youtu.be/OpbdGnJbneE https://youtu.be/OpbdGnJbneE
- aczerepinski 11y agoThanks for posting (and to seanccox who posted a similar link). I'm wrong, and it appears the lab business is different from other health care businesses where most surveys contain deficiencies and everybody just keeps working.