Health Legal And Government Programs

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Health Legal And Government Programs

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Health Legal And Government Programs

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To: Betty Boss (Imperial Unlimited)
From: XYZ
Re: National Origin Discrimination
Date: 18 May 2016
Dear Betty Boss,
This is to bring to your attention that a patient in our organisation has lodged a complaint against the surgical specialist. According to the patient, the surgeon was discriminatory against her, as he refused to arrange an interpreter as the arrangement would be very expensive for their organization. The patient was an immigrant from Uzbekistan and requested a professional Uzbek language interpreter. However, her request was rejected on the ground that arrangement of such an interpreter would be very expensive. The patient had believed that such a refusal is not fair and illegal in nature, and this is an act of discrimination. An act of discrimination means an action from a person that makes the other person feel inferior on the ground of sex, race, creed or religion.
There has been a large misconception about the racial discrimination of the American Health Care. There has been a belief that since the establishment of the Social Security Amendments Act of 1965, a lot has changed in the sector of racial discrimination in the hospitals. Many hospitals that use to practice racial discrimination have already abandoned it. The medical care was more of a cleanup process with unruly facilities (Day & Schiele, 2012). Part VI of the Civil Rights Act had a pivotal role in establishing racial equality in a heath care setting (DiNitto & Johnson, 2015).
In the 20th century, racial discrimination was a common practice in a health care setting. It existed in many forms, one such form of racial discrimination was when there were separate hospitals for the black and white (DiNitto & Johnson, 2015). The Afro-Americans were treated in the hospital of black and the original Americans were treated in the hospital of whites. The care setting at a black setting was of a poor quality and the essential resources were not met whereas, in the white setting, the patients were treated in a right way and they had access to proper amenities. The research was conducted in the United States as per which about 83 percent of the hospitals were suppose to have integrated patient admissions, however, only 6 percent of the population had integrated admissions. The Civil Rights Act of 1957 has been amended twice in the year 1960 and 1964. This Act empowers the U.S Commission to review laws and policies that are made concerning the denying of protection to the patients in the United States. It is the responsibility of a health care setting to provide equal facilities to all the patients who are admitted in the health care setting. It is the responsibility of the service providers to ensure that patients have access to proper facilities that are supposed to be a part of a health care setting in which they are admitted for being taken care of. Patients who are part of a health care setting should not face any discrimination concerning their creed, race, colour or sex. Once patients are admitted to work, they shall have access to all parts of the health care setting so that they can avail the services. Two landmark cases were decided in the Court of America, Simkins v. Moses H. Cone Memorial Hospital and Cypresses v. Newport News Hospital Association. In both the cases, the Court held that a health care setting should always admit patients, especially those who are in urgent need.
After the end of the World War 2, the nation saw a very evident change in the hospital construction; this was at that time referred to as the “Hill-Burton Program.” The Hospital Survey and the Construction Act was passed in the year 1946 and according to the Act about 75 million dollars was invested for the improvement of the construction of hospitals. After the Bill had been reviewed by many congressional leaders, they held that the Bill was a non-discriminatory one and that there was hardly any scope of discrimination in the Bill. The Bill clearly contained the civil rights of the health care setting and patients and the instances that would amount to discrimination (Day & Schiele, 2012). One such instance was discrimination of a person on the grounds of his nationality. In this given scenario, the Surgeon action can be considered as discriminatory as he immediately refused to provide a translator to the patient. In this regard, the act, however, would not have been declared as discriminatory if he made tried to make necessary arrangements for the doctor and if he did not get any source of finding a translator we could have concluded that he failed to arrange a translator. In such a case, the surgeon was could not have been accused of discriminatory behaviour (Foner, 2013).
In America over the last ten years, growth has been seen in the field of hospital industry. The reason for growth and expansion of the hospital industry was because of the funding of such settings. Many hospital beds were included in their setting and many more nurses were employed as part of their health care setting. This improved the condition of the patients and correlatively also reduced the discrimination rate amongst the patients (Foner, 2013). As per the President of United States, when he signed the Civil Rights Act, he stated that, “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance (Day & Schiele, 2012).” However, even less than in a month’s time, a surgeon named Terry M.D wrote an article on the hospitals in the United States as per which he requested all the people to comply with the methods of non-discrimination. He, however, also stated in his report that even before the Act was passed the staff and other members of the hospitals were following the basic rules of non-discrimination.
The Federal authorities did everything that they could change the situation relating to Medicare and medication. They also made a point that the division was expensive for health care settings given that they had to incur huge expenses for the duplication of their interests (Lawson, 2014).
Conclusively, I would like to state that the patient has many rights and remedies that he or she may avail based on the Civil Rights Act. In the end, I would only like to state that from Imperial United it may only defend itself on the ground that they merely refused to provide a translator to the patient, they, however, never refused to cure her only because of her nationality. The Surgeon never denied his services to her as a doctor; he only refused to provide a translator. Such behaviour cannot be held as discriminatory (Lawson, 2014). However, there is the truth that discrimination existed in America and shall continue to exist. As part and members of a healthcare setting, it is our responsibility to ensure to the maximum level that none of the patients feel discriminated. On our part, it was indeed sad to hear that the doctor was accused of discrimination. We have immediately to take appropriate steps for the consolation of the patient and we have to arrange quickly for a translator for her so that she does not feel discriminated anymore.

References:
Day, P. J., & Schiele, J. (2012). A new history of social welfare. Pearson Higher Ed.
Decker, S. H., Taylor, M., & Katz, C. M. (2013). Case Study of the Response of the Arizona Department of Juvenile Corrections to the Civil Rights of Institutionalized Persons Act Consent Decree.
DiNitto, D. M., & Johnson, D. H. (2015). Social welfare: Politics and public policy. Pearson.
Foner, E. (2013). Give Me Liberty! An American History: Seagull Fourth Edition. WW Norton & Company.
Katz, P. A., & Taylor, D. A. (Eds.). (2013). Eliminating racism: Profiles in controversy. Springer Science & Business Media.
Lawson, S. F. (2014). Running for freedom: Civil rights and black politics in America since 1941. John Wiley & Sons.
Morone, J. A., & Kersh, R. (2013). By the people: debating American Government. Oxford University Press.
Murdick, N. L., Gartin, B. L., & Fowler, G. A. (2013). Special education law. Pearson Higher Ed.
Omi, M., & Winant, H. (2014). Racial formation in the United States. Routledge.
Power, K. D. (2014). Musical Influence on Apartheid and the Civil Rights Movement.

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