3. Using information in thetextbook only, define the legal terms (A) degrees of negligence and (B) elements of negligence. Define each separately. You must include clear healthcare examples showing your understanding. You must use cases to show your understanding of the terms.

4. Based on information found in Chapter 4, define and show your understanding of intentional acts. How do intentional acts and negligent acts differ? You must use health care cases to support your answer.

CMS-issuedupdated guidance on Jan. 14 for enforcement of the agency's healthcare worker COVID-19 vaccination mandate, including that covered providers must ensure their employees are fully vaccinated by March 15. The updated guidance was released one day after the Supreme Courtupheld the CMS rule, which requires healthcare facilities participating in the Medicare and Medicaid programs to establish a policy ensuring eligible workers are fully vaccinated, with exemptions allowed based on religious beliefs or recognized medical conditions.

5. Basedonly on the articles "US State-Level Legal Interventions Related to COVID-19 Vaccine Mandates, and "Health Care Sector Confronts Vaccine Mandate," answer the following questions:

How effective are mandates or increasing vaccinations?

Does the CMS have an effective way of testing compliance with the federal regulations for thevaccine mandate? Specifically, support your answer using information from the articles above.

6. Based only on Chapter 8, describe the kinds of evidence that a plaintiff can present in order to establish a negligence at trial, i.e., direct evidence, etc. you must include specific examples when describing the kinds of evidence.

REFERENCES:

https://www.cms.gov/medicareprovider-enrollment-and-certificationsurveycertificationgeninfopolicy-and-memos-states-and/guidance-interim-final-rule-medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-1

https://www.beckershospitalreview.com/legal-regulatory-issues/supreme-court-blocks-osha-mandate-upholds-cms-healthcare-worker-rule.html

Pozgar, G. (2023). Legal Aspects of Health Administration, (MA: Jones & Bartlett)