Questions and Answers of The Law Of Healthcare Administration

The Patient Protection and Affordable Care Act adopts a series of interlocking reforms designed to expand coverage in the individual health insurance market. First, the Act bars insurers from taking
“in charge of the floor,” according to the court] at her desk in the hospital before 9 am on May 12, 1967, said that her name was Juanita Monroe, her doctor was in Illinois, she had come to Ohio
Why is a corporation considered an “artificial person” under the law?What are the consequences of this concept?
Describe the advantages of incorporation as opposed to organization as a partnership.
Where does one look to find the powers of a corporation?
What are the functions and responsibilities of the governing board of a healthcare corporation?
Why is the concept of piercing the corporate veil important to any corporation and its subsidiaries?
What are the pros and cons of hospital–physician joint ventures?
How has health reform legislation affected the organization and management of corporate health institutions?
The plaintiff in this action for a declaratory judgment is a nonstock corporation which for many years has owned and operated a voluntary general hospital in a complex of buildings located on a
The two principal contentions in the complaint are that the defendant trustees conspired to enrich themselves and certain financial institutions with which they were affiliated by favoring those
The appellant is Arkansas Insurance Commissioner W. H. L. Woodyard, III. The appellee is Arkansas Diversified Insurance Company (ADIC).ADIC sought a certificate of authority from Woodyard to sell
Why would an employer prefer to classify a worker as an independent contractor versus an employee?
From the individual worker’s standpoint, what are the pros and cons of being an employee versus an independent contractor?
Under the wage and hours laws, what is the difference between being an exempt employee and a nonexempt employee?
Kyler was assumed to be female at birth.However, at the age of ten Kyler began exhibiting signs that he was a boy. At the age of twelve, due to increasing gender dysphoria, Kyler began engaging in
Carolyn Humphrey brought suit against her former employer, Memorial Hospitals Association (MHA), under the Americans with Disabilities Act (ADA) and its California counterpart, the Fair Employment
Lakepointe Senior Care & Rehab, LLC, operates a long-term care facility in Michigan.It employs licensed practical nurses and registered nurses, which together are called “charge nurses.” The
In Oliver v. Brock, what factors did the court consider most significant in determining whether Dr. Brock had a contractual relationship with Oliver?
Why are workers’ compensation benefits the sole remedies for workplace injuries of employees, as discussed in Guy v. Arthur H. Thomas Co. and Suburban Hospital v. Kirson? What is the “social
Explain why a case alleging a breach of contract, such as Guilmet v. Campbell, might be easier to prove than a standard case alleging negligence.
In what ways can intentional torts occur in the healthcare field?
What are the four elements of proof necessary for a plaintiff to succeed in a negligence case?
Explain the significance of Helling v. Carey in relation to the standard of care in medical malpractice cases.
How can the standard of care be proven?
What is an exculpatory contract, and when is one held to be enforceable?
What is the principle of vicarious liability (respondeat superior)?
What are some examples of tort reform, and how successful have they been?
How might the ACA affect the field of medical malpractice?
Why is the history of healthcare institutions important to understanding their legal liability today?
Why has the importance of independent contractor status declined in in recent years?
How is corporate liability different from liability under respondeat superior?
What is the liability of an MCO (e.g., HMO, PPO) when it makes decisions about insurance coverage for hospital stays?
Why is ERISA preemption an important consideration for MCOs?
What is the “tangled ERISA regime,” and what are the chances that Congress will unsnarl it?
Who has ultimate responsibility for decisions about medical staff membership, and why? How should this responsibility be fulfilled?
What differences are there, if any, between the due process standards that apply to public hospitals and those that apply to private hospitals?
What categories of professionals are permitted membership on the medical staff?
What issues of confidentiality and liability does the hospital’s peer review function present?
Explain how the HCQIA establishes an “objective reasonableness” requirement rather than a subjective “good faith standard” for peer review committees.
What are the medical staff privileges of contract physicians and CAM and integrative healthcare providers?
Research the status of economic credentialing in your state and the effects of the Baptist Health case and similar decisions.
Explain the concept of the ACO and its role in the 2010 health reform legislation.
Describe the nuances of the terms medical records and health information. Why does HIPAA use the latter term?
When might a patient’s favorite color or high school alma mater be considered health information?
Describe some circumstances in which confidential health information may be disclosed without the patient’s consent.
Why do you suppose physician–patient privilege did not exist in common law but had to be created by statute?
What is the proper way to make changes to a written health record?
Who owns physical health records, X-ray images, and other items containing health information?
How can the inability to predict dangerousness be reconciled with the emotional issue of registering convicted sex offenders and preventing them from living in proximity to schools and other places
Describe the provisions of the HITECH Act and the Red Flags Rule and how they affect healthcare operations.
What is the common law’s traditional viewpoint concerning a bystander’s duty to come to the aid of a person in need? How, if at all, is that duty different today? How might it differ depending on
Discuss the Childs case with your classmates. Why do you suppose the hospital did not have a physician present or immediately available to assist in its ED? Why would a physician not come to the
Describe a hospital’s duty to a person who comes to the ED requesting treatment. Is this duty the same if the person is indigent?
In the Arrington opinion regarding what it means when someone“comes to the hospital,” the US Court of Appeals for the Ninth District wrote approvingly of HHS’s position that “it would defeat
Is Arrington the work of “activist judges” who are “making law,” as some critics claim about decisions they do not agree with?
What are the liability hazards of requiring all members of the medical staff to take ED duty?
What effects have Good Samaritan statutes had on the duty to render aid in an emergency?
Defendants argue that, if Howard did have an emergency medical condition when he came to the hospital, the hospital’s decision to admit him for six days and perform further testing satisfied its
The plaintiffs brought suit alleging that the defendant, Health and Hospital Corporation of Marion County, Indiana d/b/a Wishard Memorial Hospital . . . violated [EMTALA] by failing to stabilize
What are the two types of consent for medical treatment? When does each apply?
What is the standard for consent in an emergency?
What is the hospital’s role in obtaining informed consent?
What is required for informed consent to be valid?
What is the parallel between Helling v. Carey in chapter 6 and the cases in this chapter that disapprove of the reasonable-doctor rule for informed consent?
How does the principle of informed consent apply to competent patients who refuse lifesaving treatment? How does it apply to incompetent patients who have signed an advance directive?
How does informed consent apply to someone who had not signed an advance directive? To a newborn? To a mature minor?
Under what circumstances may consent be refused for the artificial administration of nutrition and hydration?
What are the advantages and disadvantages of living wills, DPOA for healthcare, statutory advance directives, and POLST?
Explain why, in your opinion, allowing a physician to prescribe lethal medication under aid-in-dying laws is or is not “euthanasia.”
What is the status of the aid-in-dying concept in your state, and how do you feel about it?
This medical malpractice case involves two issues: first, whether there was sufficient evidence of negligence in the performing of surgery to sustain a jury verdict for plaintiff;second, whether,
The narrow issue in this case requires this Court to decide the constitutionality of a law passed by the Legislature that directly affected Theresa Schiavo, who has been in a persistent vegetative
We start with the proposition that suicide is not a crime under Montana law. In the aid in dying situation, the only person who might conceivably be prosecuted for criminal behavior is the physician
How should the term charity be defined? What are the arguments against and in favor of counting the provision of healthcare in and of itself as charity?
Compare the structure and financing of today’s “medical–industrial complex” to your mental image of the nineteenth- and early twentieth-century hospital. Outline your arguments—both pro and
Consider Genesee Hospital. Do you see any parallels between that case and Charlotte Hungerford Hospital (discussed in The Court Decides in chapter 3)? Both cases concern the use of hospital property
Suppose the law requires that, for a property to be tax exempt, it must be used for exempt purposes. Suppose also that January 1 is the assessment date, and the use of the property on that date
Discuss the future of property tax exemption in your state in the wake of decisions such as Provena.
The central issue in this appeal is the taxexempt status of a building owned by the Sisters of Charity of the House of Providence, under the provisions of Art. IX, Sec. 4, of the Constitution of
This appeal by Barnes Hospital involves taxation of Queeny Tower, a 17-story building connected to, used and owned by Barnes Hospital for the tax-exempt purposes of treating patients and providing
Provena Hospitals owns and operates six hospitals, including Provena Covenant Medical Center (PCMC), a full-service hospital located in the City of Urbana. PCMC was created through the merger of
Name and describe the per se violations of antitrust law.
Define the rule of reason and describe when it is used.
In today’s economy, what are some examples of intrastate commerce?In other words, what business does not affect interstate commerce?
How would you define the geographic and product markets of large healthcare organizations such as the Mayo Clinic, Cleveland Clinic, Kaiser Permanente, and Johns Hopkins? What are the barriers that
How, if at all, does the phenomenon of medical tourism affect your perception of the market for healthcare services?
Under this Court’s state-action immunity doctrine, when a local governmental entity acts pursuant to a clearly articulated and affirmatively expressed state policy to displace competition, it is
This case arises from an antitrust challenge to the actions of a state regulatory board. A majority of the board’s members are engaged in the active practice of the profession it regulates.The
In Griswold, Justice Stewart skewered the majority for asserting that the Ninth Amendment of the US Constitution supported its decision to overturn the Connecticut contraception statute. He wrote,
Can the Buck and Skinner decisions be reconciled?
In Turpin v. Sortini, the California Supreme Court said it was difficult to understand how awarding damages to a child who would not have been born if not for the defendants’ negligence “would
Summarize the state of the law following the Supreme Court’s decision in Casey.
What is the difference between a wrongful life case and a wrongful birth case? How is the measurement of damages in wrongful life cases different from that in wrongful birth cases?
What kinds of legal issues do you think stem cell research and genetic therapies will present in the coming years?
How should hospital administration deal with issues surrounding employees and medical staff members who refuse to provide certain services because of their religious convictions? Conversely, how
This case touches a sensitive and important area of human rights. Oklahoma deprives certain individuals of a right which is basic to the perpetuation of a race—the right to have offspring. Oklahoma
What factors motivate healthcare organizations to maintain programs aimed at compliance and corporate ethics?
What kinds of fraudulent or abusive behavior related to federal healthcare payment programs can occur in hospital operations?
What are the most significant statutes related to healthcare fraud, and how have they been affected by the ACA?

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