Congress passed ARRA after passing HIPAA

 

 

“Because Congress passed ARRA after passing HIPAA, any conflicting provisions between the two statues will be governed by the provisions of ARRA. The two statues can be reconciled because of a provision in ARRA that states any HIPAA statutory provision or regulation remains in effect to the extent that it is consistent with AARA” (McWay, et.al., 2010, p 9).

 

Discuss two conflicting provision between the two laws not discussed in the book and explain how the conflict would be resolved. Include a brief explanation of ARRA and HIPAA.

 

Week 1 Discussion Question 2

You are the administrator of an extended care facility and you have received a summons to appear for a deposition regarding a patient slipped and fall lawsuit in your facility.

 

In reviewing the methods of discovery listed in Table 2.5 [page 34 of the textbook], what documents would you bring to the deposition? Also, how would you [the administrator] personally prepare for the deposition?

 

Weekly Reflection Week 1

Reflect on the topics discussed this week including your thoughts on the legal system and the court system of the United States.

 

Remember: this reflection should be a minimum of 300 words in length.

 

Week 2 Discussion Question 1

As discussed in the textbook, “hearsay is defined as out-of-court statements that are offered to prove the truth of the matter asserted” (McWay, et.al., 2010, p 50). Explain how “hearsay” is defined in relationship to the medical record. Be sure to include how the party seeking to admit the health record must meet the requirements of foundation and trustworthiness.

 

Week 2 Discussion Question 2

You have just been hired as an administrator for an urgent care clinic. You realize that there is no litigation response plan in place. What steps would you take in developing this plan and what topics would you include? Why?

 

Weekly Reflection Week 2

Reflect on the topics discussed this week including your thoughts on the “I’m Sorry Statues.”

 

Remember: this reflection should be a minimum of 300 words in length.

 

 

Click on the link to submit your Case Analysis.

 

Case Study Analysis #1-

 

Analyze the Legal Case Study: Estate of William Behringer v. Medical Center at Princeton

 

Information to get you started is located in the case study section in the back of the book on page 134. Answer the three questions listed on page 135. (The first question begins with 1: Do you think that an infected …).

 

Also Summarize and give your analysis of the verdict of the case employing your own opinion. Do you agree with the verdict? Why or why not?

 

The case analysis must be a minimum of 3 References [with in-text citations], and no more than 4 pages. Remember to re-state each question prior to answering.

 

Week 3 Discussion Question 1

Clarify the differences and similarities of traditional negligence theory and res ipsa loquitur. Be sure to include at least two examples of each not discussed in the book.

 

Week 3 Discussion Question 2

Explain how respondeat superior and vicarious liability applies to employees of a health care facility. Include how these doctrines will apply not only to direct care givers but to office personnel and administration as well.

 

Weekly Reflection Week 3

Reflect on the topics discussed this week including your thoughts on governmental immunity.

 

Remember: this reflection should be a minimum of 300 words in length.

 

Click on the link to submit assignment.

 

Case Study Analysis #2-

 

Analyze the Legal Case Study: Ybarra v. Spangard

 

This case is located in the case study section in the back of the book on page 17. Answer the two questions listed on page 18 under the case information (The first questions begins with 1: Which form of negligence…). Also answer the following question: Summarize and give your analysis of the verdict of the case employing your own opinion. Do you agree with the verdict? Why or why not?

 

The case analysis must be in APA style, a minimum of 3 References [with in-text citations], and no more than 4 pages. Remember to re-state each question prior to answering.

 

Week 4 Discussion Question 1

Review each of the ethical concepts and theories address in Chapter 5. Decide which concept or theory best fits with your personal point of view. Examine how you have used that concept or theory in the past and decide how you will use it in the future.

 

Week 4 Discussion Question 2

Explain the use of the following documents- advance directives, living will and durable power of attorney for health care. Refer to appendix E in the textbook which includes examples of these documents. You have been approached by an elderly relative seeking information about her options in planning for future medical care in the event she is unable to communicate her wishes or otherwise direct her care. How would you respond? What options should you provide?

 

Weekly Reflection Week 4

Reflect on the topics discussed this week including your thoughts on how ethics have influenced the law.

 

Remember: this reflection should be a minimum of 300 words in length.

 

Case Study Analysis #3-

 

Analyze the Legal Case Study: A Question of Futility-Baby K

 

This case is located in the back of the book in the case analysis section (there is no page number but it is after page 153). Answer questions 1, 2, 3 and 4 listed under the case information (the first questions begins with 2: In a time of scarce resources…).

 

The case analysis must b a minimum of 3 References [with in-text citations], and no more than 4 pages. Remember to re-state each question prior to answering

 

Week 5 Discussion Question 1

Choose one of the seven major laws that address fraud and abuse listed in Table 14-1 (DO NOT Choose #6, HIPAA). Explain the major tenants of the law and apply it to a health care situation.

 

Week 5 Discussion Question 2

Choose one of the four major fraud enforcement programs listed in Table 14-3 and explain the tenants of the program. Apply your chosen fraud enforcement program to a health care situation. Explain how this fraud enforcement program may stop fraud from occurring.

 

Weekly Reflection Week 5

Reflect on the topics discussed this week including your thoughts on the Whistle-Blowers.

 

Remember: this reflection should be a minimum of 300 words in length.

 

Case Study Analysis #4-Analyze the Legal Case Study 2: Moving Beyond Simple Conflict of Interest

 

This case is located in the case analysis section in the back of the book on page109. Answer the three questions listed after the case information on page 110 (the first question begins with1: How do criminal…). …).Also answer the following question: Summarize and give your analysis of the verdict of the case employing your own opinion. Do you agree with the verdict? Why or why not?

 

The case analysis must be in APA style, a minimum of 3 References [with in-text citations], and no more than 4 pages and re-state each question prior to answering.

 

Week 6 Discussion Question 1

“…the employer may hire, fire, promote and demote any employee it chooses as long as there is no employment contract (such as a labor agreement) or federal, state or local law to the contrary” (McWay, et.al., 2010, p 331). Research and discuss if there are any federal, state or local laws which will not allow an “at will” employee to be hired, fired, promoted or demoted for any reason.

 

Week 6 Discussion Question 2

Davenport Hospital recently experienced negative publicity in the Grand Rapids Michigan community because of some unethical actions taken by three medical coders concerning protected health information. The hospital subsequently took disciplinary action against those employees.

 

Hospital administration has asked you to serve as part of a task force to address ethical issues in the workplace. The work product your task force produces will be used to prevent recurrence of these unethical actions. What areas would you recommend the task force focus on and why?

 

Weekly Reflection Week 6

Reflect on the topics discussed this week including your thoughts on Employee rights.

 

Remember: this reflection should be a minimum of 300 words in length.

 

Week 7 Discussion Question 1

Read “A Patient’s Bill of Rights” located in Appendix D on pages 379-382 in the textbook. Summarize this document then, choose one of the rights listed and apply that to a health care situation addressed in one of the cases you have reviewed. Be sure to include any laws which may apply to the situation.

 

Week 7 Discussion Question 2

Read Legal Case Study 2: Referenced from Elliot v. Board of Weld County Commissioners located in the Legal Case Study section in the back of the textbook on page 55.

 

Do you agree with the verdict against the inmates? Why or why not? Is there a constitutional right to smoke? Does this verdict have any application to patients who want to smoke while admitted to a hospital? Would it matter if the hospital is owned privately, by a corporation, by a religious institution or by a county?

 

Weekly Reflection Week 7

Reflect on the last seven [7] weeks of this class and post your thoughts. Include any epiphanies as well as any drudgery.

 

Remember: this reflection should be a minimum of 300 words in length.

 

 

 

Final Assessment [250 Points]

 

Due Day 1 – Week #7

 

You are employed in an administrative position at a large health insurance company. The board of directors of the company will be instituting a “get healthy/stay healthy” clause in their health insurance policies. This clause would state that all insurance recipients must complete a health review which will include a complete physical, blood pressure check, cholesterol check, blood glucose check and BMI. The insurance recipient will be rated utilizing a point system on the above criteria.

 

Any health insurance recipient who scores above a certain number (which may be an indicator of increased probability of health issues) will be required to pay a higher premium (the higher the number, the higher the premium). This higher insurance premium will continue until the health insurance recipient reduces their blood pressure, cholesterol, BMI, etc. and receives a lower rating.

 

 

Answer the following questions-

 

Can an insurance company require insurance recipients to pay a different premium for the same coverage? Is this legal? If legal, what law or statues takes precedence? If illegal, which law or statue takes precedence?

 

Can the insurance company require the insurance recipient to undergo required tests? What if the insurance recipient refuses to comply with the testing requirement?

 

Is the insurance company discriminating again the insurance recipients who have heredity or predisposing health risk factors. Why or why not? If so, is this practice ethical?

 

Is the health insurance company legally and/or ethically required to offer assistance for insurance recipients who need to lower their rating? Why? Why not? Support your opinion.

 

Please follow Scoring Grid [Below] for point distribution!

 

Final AssessmentScoring Grid:

 

 

Points Possible

 

Point Earned

 

Explanation

 

Introduction and Conclusion

 

 

20

 

 

 

Can an insurance company require insurance recipients to pay a different premium for the same coverage? Is this legal? If legal, what law or statues takes precedence? If illegal, which law or statue takes precedence?

 

 

50

 

 

Answered EACH aspect of the question including legality issues. Defends legality conclusion. Incorporated pertinent laws.

 

Can the insurance company require the insurance recipient to undergo required tests? What if the insurance recipient refuses to comply with the testing requirement?

 

 

50

 

 

Answered EACH aspect of the question including medical testing and compliance. Incorporated pertinent laws.

 

Is the insurance company discriminating again the insurance recipients who have heredity or predisposing health risk factors. Why or why not? If so, is this practice ethical?

 

 

50

 

 

Answered EACH aspect of the question including discrimination and predisposing risk factors. Incorporated pertinent laws.

 

Is the health insurance company legally and/or ethically required to offer assistance for insurance recipients who need to lower their rating? Why? Why not? Support your opinion

 

50

 

 

Answered EACH aspect of the question. Explains ethical and legal ramifications of requiring insurance recipient testing Incorporated pertinent laws.

 

4 References with appropriate in-text citations

 

 

10

 

 

 

 

Grammar, word choice, spelling, punctuation, appropriate page length [5-6],etc.

 

 

15

 

 

 

Re-stated questions [to assist instructor in locating answers]

 

 

5

 

 

 

TOTAL

 

250

 

 

 

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