Analyze the implications of the stark false claims act and


Topic: law in healthcare

QUESTION A -

In the context of this course and citing at least (3) actual cases presented in class (you may cite more and are not limited to those discussed in class) and applying the ethical, legal, and financial considerations, would the United States be better off with true universal health care coverage for all and a single payer system?  Why or why not? 

QUESTION B -

Citing at least (3) actual cases presented in class (you may cite more and are not limited to those discussed in class) and applying the laws and regulations discussed in your book, please prepare a comprehensive and thoughtful analysis and response to one of the following:

  • "More Regulation in healthcare is needed and why"
  • "Less Regulation in healthcare is needed and why"

Please include in your analyses a thorough discussion of the legal and regulatory issues and theories of liability (except negligence) and whether you agree with the outcomes, and the detailed types of changes or reforms that should be implemented, if any.

You can find the cases by opining the links

Case1: Clinical Privileges, Membership, and Antitrust Law

Case Study - Aetna & Humana

https://www.usatoday.com/story/money/2016/07/21/justice-department-anti-trust-aetna-cigna-anthem-humana/87379566/

Case 2: Fraud, Waste, and Abuse in Healthcare Programs

Analyze the implications of the Stark, False Claims Act, and Anti-Kickback Statute for healthcare providers and modern society.

https://www.tampabay.com/blogs/the-buzz-florida-politics/hca-whistleblower-revives-claim-that-scott-knew-of-fraud/2200916

Case 3:

Patient Care as the Anchor for Healthcare Law, Compliance, and Ethics - Cases in Vulnerable Populations, Obligations to Provide Care, etc.

Patient care is central to all we learn in this class.  Protection of people's rights and dignity are in the foundation of providing care, reporting on care, charging for care, and planning for future care.  These are the considerations from which most liability in healthcare also arises.  So, as managers in healthcare environments, we must understand the legal contexts surrounding patients and their care.

https://www.youtube.com/watch?v=AXgM3DTyXFY

Case 4: Ethics in the Workplace - Privilege to Provide Care - Government Regulation of Public Health & Healthcare Services - Medical Staff Membership and Clinical Privileges

There are a myriad of laws and regulations impacting healthcare providers.  While some of these tie to the federal interest to protect the public health and promote quality of care (such as professional licensure and accredidation, and clinical privileges); others are specifically targeted toward workplace ethics, safety and equality of the healthcare workers themselves.  Together these provide the foundational cornerstone of our current US health care delivery system.

Duke University Cancer Research Fraud Scandal (2015)

https://www.washingtonpost.com/news/morning-mix/wp/2015/11/09/scientist-falsified-data-for-cancer-research-once-described-as-holy-grail-feds-say/

Case 5:

Introduction to Liability

Analysis of liability in Healthcare. We will discuss the tort of negligence and other liability issues; and explore the sources of law and principles in the US governmental regulation of healthcare.

Case

Review: New England Compounding Center and Meningitis Kaiser Permanente and the Patient Anti-Dumping Statute

https://www.bing.com/videos/search?q=new+england+compounding+center+you+tube&view=detail&mid=C8181AB038FFF89E43A1C8181AB038FFF89E43A1&FORM=VIRE

https://www.youtube.com/watch?v=jeGFIL4BD_M

Case 6:

Confidentiality of Patient Health Information

How we collect, store, expose, and use patient information are not only the activities that are heavily regulated but also the issues of increased ethical concern.  Finding and distinguishing these legal and ethical considerations will be vital for you as healthcare leaders who need to be knowledgeable enough to also provide any associated guidance to the workforce. 

https://www.youtube.com/watch?v=fTdDhYisAEs

Case 7:

Legal and Ethical Issues in Termination of Refusal of Care and Physician- Assisted Suicide - Life and Death Issues - Ethical Issues Related to Dying

Case view: Elixir Sulfanamide

Case 8:

Foundations of Law and Ethics in Relation to the Healthcare Corporate Life - Legal Structures of Healthcare Organizations

https://chelmsfordhospital.blogspot.com/p/our-views.html

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Dissertation: Analyze the implications of the stark false claims act and
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