HCAD 650 UMUC Legal Aspects of Health Care Administration in United States Ques

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HCAD 650: Legal Aspects of Health Care Administration Discussion 2 Questions –

Instructions: Please answer using your own words in a minimum of 300, maximum 450 words (2.5-3 paragraphs). PER QUESTION 4 in total. Referenced with Three (3) peer-reviewed journal articles or qualified text publish within the past five years and follow APA Manual 6th or 7th editions scholarly writing guidelines. APA in-text Citation formatting is required. When writing replies, please provide your experiences, new ideas, add probing questions to engage readers and new literature on the topic to enhance the learning opportunity.

Questions 1. Federal Laws & the Court System

Part 1: Critical Analysis of the Law

Address ALL questions in part 2 in a minimum of 300, maximum 450 words

EMTALA and Court Cases

The Emergency Medical Treatment and Active Labor Act (EMTALA) requires emergency rooms to evaluate, treat and stabilize emergency room patients regardless of ability to pay. This has been referred to as an unfunded mandate.

  1. Review St. Anthony Hospital v. HHS (10th circuit) on reverse dumping at https://caselaw.findlaw.com/us-10th-circuit/1432730.html Evaluate the court decision and indicate whether you agree or disagree with the court and the reasons it relied on to reach its conclusion. Include case examples in your response.
  1. Review the HHS Georgia Hospital Settlement dated 4-20-2020 at https://oig.hhs.gov/fraud/enforcement/cmp/cmp-ae.asp (Scroll down the page) State whether you would have agreed to the settlement agreement if you were an executive with Georgia Hospital. Evaluate the pros and cons of accepting the agreement instead of going to court, and factors to consider in deciding whether to settle a case.

Part 2: Strategic Application of the Law

Address ALL questions in part 2 in a minimum of 300, maximum 450 words

You are an emergency department manager at Big Health Hospital. Your hospital is in a large city and serves the needs of the inner city as well as visitors who are injured while visiting the city. You have grappled with problems of overcrowding and have the following metrics:

  • Door to doctor time: 130 minutes
  • Decision to transfer time: 390 minutes
  • Decision to discharge time: 115 minutes
  • Patients Left without being seen (LWBS) percentage: 24%

You have been asked to create a strategic plan to improve emergency room care. The plan must be presented to the Executive VP of Hospital Operations for approval prior to implementation.

  1. Discuss how you would create a strategic plan. (Don’t create an actual plan, but be specific about what you would include in your plan) The plan should:

Explain what your plan would involve and how it would meet these three requirements.

  1. Explain the resources that would be required to implement your plan in terms of people, time, and money.
  2. Describe the arguments you would make to the Executive VP in support of your plan and describe how it will benefit the hospital.

Question 2. Federal and State Agencies.

Part 1: Critical Analysis of the Law

Address ALL questions in part 2 in a minimum of 300, maximum 450 words

You are a senior compliance officer at a medical device company. The Director of Compliance has requested you review the following two articles:

(1) Innovation, Risk and Patient Empowerment/FDA Mandated Withdrawal of 23andMe and


(2) FDA versus Personal Genetic Testing

  1. Prepare a short post for the internal employee blog summarizing the FDA’s activities concerning 23 and Me. What role does the FDA play? Why did it take this action?
  2. How would this apply to future products or services you might develop?

Part 2: Strategic Application of the Law

Address ALL questions in part 2 in a minimum of 300, maximum 450 words

You live in Shiprock, New Mexico – in what is called the Four Corners Region -- and hold a professional license to practice as a physician. You would like to open satellite offices and offer services in the neighboring states of Utah, Arizona, and Colorado.

  1. What federal and or state agencies will you need to contact? What is the role of state agencies in licensing?
  1. Does it matter if you are an allopathic or osteopathic physician? Why or why not?
  1. What actions would you need to take to practice in each of the states?

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HCAD 660: Healthcare Institutional Organization and Management Discussion 2 RQuestions – Instructions: Please answer using your own words in a minimum of 250, maximum 300 words (2 paragraphs). PER QUESTION 6 in total. Referenced with two (3) peer-reviewed journal articles or qualified text publish within the past five years and follow APA Manual 7th editions scholarly writing guidelines. APA in-text Citation formatting is required. When writing replies, please provide your experiences, new ideas, add probing questions to engage readers and new literature on the topic to enhance the learning opportunity. Lecture: Your ability to demonstrate critical thought, in discussions and in all papers, is essential. To avoid debate about which model is best, we will be using Bloom's Taxonomy Revised for this course: Please read the course material (grading rubric) and if you have further questions please do more research using your browser/library. Discuss: • What are the pros and cons to this approach to learning about healthcare? • Is this consistent with how you've learned in the past? • Have you used other models of critical thinking? Although you are here as a student, the role of healthcare executive includes mentoring and teaching. Aligning Motivations: Possible Approaches to a Better System We must create learning environments that let students draw on the internal resources that brought them to college in the first place. As instructors, we must focus our attention on creating an environment where students can gain knowledge and skills in critical thinking and problem solving in their chosen areas of learning Questions: 2.1. Critical Thinking and Blooms Taxonomy Revised • • • What are the pros and cons to this approach to learning about healthcare? Is this consistent with how you've learned in the past? Have you used other models of critical thinking? 2.2. The Evolution of Ages: Agrarian to Industrial to InformationHow has the societal changes from an Agrarian (Farming) to Industrial to Service and Information Societies enabled changes to the US Health Care System? Discuss the connection and evolution between the past and the potential for the future of the US Health Care System. Healthcare has evolved from the farming (Agrarian) culture of 150 years ago to the modern Information Age. Healthcare has changed with the society, the people's expectations, technology, regulatory environment, and the socio-economic status of this nation's citizens. 2.3. Organizational Charts? Post the Organizational Chart from the organization you selected. Drawing from relevant reference materials, discuss how the structure of this organization impacts its operations. What direct connection does the organizational structure have with the outcomes/products/services provided? 2.4 To Be or Not to Be (Part of a System)... Consider the operational environment of your selected organization. Is it a standalone entity, or part of a vertically or horizontally integrated system? What are the advantages or disadvantages of these various structures? Can one organization be “everything to everybody” or is it better to specialize? How do your findings relate to the formation of ACOs? 2.5 High Performing Organizations What does high performance mean? Drawing from relevant reference materials, define high performance and what constructs/topics/areas are important to determine if a health organization is ‘high performing?’ Then identify two different high performing health care organizations and discuss how each has addressed the criteria for high performance. 2.6. Quality Reporting Should hospitals be required to post a “Scorecard” indicating the number of days since a reportable error or other outcome statistics? Pros? Cons? Would it improve outcomes by transparency? Is there value to comparing outcomes for a rural critical access hospital, an inner city safety net facility, and an affluent suburban medical center?
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Legal Aspects of Health Care Administration
Question One: Federal Laws and the Court System
Part 1: Critical Analysis of the Law
(A) St. Anthony Hospital vs. HHS
(B) HHS Georgia Hospital Settlement
Part 2: Strategic Application of the Law
Question Two: Federal and State Agencies
Part 1: Critical Analysis of the Law
Part 2: Strategic Application of the Law
(A) Federal Agencies to Contact and Role of State Agencies in Licensing
(B) Does it Matter: Allopathic or Osteopathic?
(C) Actions needed to Practice in Utah, Arizona, and Colorado


Running head: LEGAL ASPECTS OF HEALTH CARE ADMINISTRATION

Legal Aspects of Health Care Administration
Student’s Name
Institutional Affiliation\
Date

1

LEGAL ASPECTS OF HEALTH CARE ADMINISTRATION

2

Question One: Federal Laws and the Court System
Part 1: Critical Analysis of the Law
(A) St. Anthony Hospital vs. HHS
The St. Anthony Hospital vs. HHS case revolves around the issue of patient dumping. The
court declined the application brought before it by St. Anthony and upheld the decisions made by
the agency and DAB. One of the hospital's claims in the petition is that R.M. was not sufficiently
stable for transport. Their claim was based on the sentiments posited by Dr. Spengler that he had
stabilized the patient. On this, I believe the court correctly affirmed the agency’s finding of R.M.’s
instability. The reason for this is that Dr. Spengler used the wrong terminology when informing
Dr. Lucas and Dr. Buffington. Despite this, from the evidence given, Dr. Spengler had not done
so. I agree with the court's decision to find St. Anthony's Hospital, culpable. Shawnee Regional
Hospital lacked the requisite capacity to treat R.M., and as such, sought to transfer him to St.
Anthony's Hospital for treatment. Dr. Lucas rejected such a transfer despite the facility having the
requisite capacity to treat |R.M.
(B) HHS Georgia Hospital Settlement
Considering the case's circumstances, as an Executive at the |Hospital, I would feel inclined
to accept the settlement offer. Under EMTALA, a hospital of the stature of Dekalb Medical Center
found culpable of patient dumping can receive a fine of a maximum of twen...


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