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 (10^th 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?