S. Department of Health and Human Services, 2011). Furthermore, subpart C explains the privileges and the protections of confidentiality that is attached to the patient's record along with much exception (U.S. Department of Health and Human Services, 2011).
The penalty for anyone who breaks confidentiality is imperative. In "November, 23, 2009" was increased to $11,000 (U.S. Department of Health and Human Services, 2011). This goes for anyone in the medical field or has access to this information. A person has to follow HIPAA precisely or face a huge fine. If one thought of this ahead of time, whether or not they own a business, then no issues would arise legally. However, sometimes this does occur, especially for those who want to harm another person, yet in the medical field the goal is not to do this to any individual, regardless, otherwise he or she could face losing their license in the…...

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References

U.S. Department of Health and Human Services Civil Rights. (2011). Your health information privacy rights. Retrieved May 3, 2011, from U.S. Department of Health and Human

Services Civil Rights:

 http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/consumer_rights.pdf .

U.S. Department of Health and Human Services. (2011). Health information privacy. Retrieved May 3, 2011, from U.S. Department of Health and Human Services:

While there are some differences according to jurisdiction, in general, if the defense is allowed by the judge to go to the jury.
The term illness of the mind is solely a legal notion. In the case of Bratty v. Attorney-General (Northern Ireland) (1963), Lord Denning declared that the foremost mental illnesses, which the doctors identify as psychoses, like schizophrenia, are plainly illnesses of the mind. Whether or not drug-associated psychosis will be considered to qualify as an illness of the mind will essentially depends on the division amid a fault of cause resulting from an underlying condition and a fault of cause caused by something external.

Reaction

There is justifiable societal concern about the links between violence and illicit substance use. Such concern finds a focal point at the debate around the boundaries for the insanity defense where drug-associated psychoses are involved. This article outlined three potential approaches that the law…...

Health Care Law
LC1

Read: Compliance needs a shrewd strategic plan

Link: http://www.healthcarefinancenews.com/news/compliance-needs-shrewd-strategic-plan

Discuss the reasons why healthcare organizations should include a compliance program into their strategic planning?

In short, the Cerrato story linked above discusses and makes clear, more or less, that it is a non-optional part of doing business in the healthcare business and sphere. He noted that healthcare providers must comply with "a long list of healthcare-related laws and regulations" and that it remains "a major challenge for provider organizations around the country" (Cerrato, 2013). Just a short list of reasons why compliance should be a focal point within the broader strategic planning sphere for healthcare organizations is because doing otherwise can open a company to civil liability, can open up a company to agency sanction, can open up a company to criminal charges (in extreme cases), can lead to a degradation or failure to improve patient care, can lead to loss…...

Informed consent signifies one of the protections in studies on mental illness. Consent is a procedure that permits for the free choice by a knowledgeable and competent person to or not to partake in investigative procedures. Capacity for consent is not a stationary experience. It can transform with the circumstance of the person. The theory of informed consent was established on two distinctive legal philosophies. Every patient has the right to figure out what will or will not be completed on them and in regards to a fiduciary character of the patient physician affiliation it has to be articulated with the main purpose of endorsing individual self-rule while endorsing balanced decision formulation.
Evaluation

This article was very easy to read and attempted to break the subject matter down into everyday language in order to maintain clarity. It gave a very good overview of psychiatric drug testing on children and how it…...

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References

Malhotra, Savita and B.N., Subodh. (2009). Informed consent & ethical issues in paediatric psychopharmacology. Indian Journal of Medical Research, 129(1), p.19-32.

This allows for the maintenance of a Network price list, as stipulated in the Physician's version of this clause while still tying price (as well as incorporating the discounts) to standard physician charges, as stipulated by the Network. The Physician's current version of the compensation clause is untenable, however, as it limits the freedom of market forces to have their effect on price, which is unfair to the network and will most likely create higher costs to the network and its clients thus eliminating benefits to clients.
Again, the terms of the Physician's version are unacceptable to the Network as it will eliminate any benefit to clients. The affiliation of hospitals with the Network is a possible point of negotiation as long as other hospital services are not charged to the Network.

The Network's indemnity clause creates fair and equal liability, ensuring that physicians and only physicians will be liable for…...

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References

Petersen, L.; Woodard, L.; Urech, T.; Daw, C. & Sookana, S. (2006). Does Pay-for-Performance Improve the Quality of Health Care? Annals of internal medicine 145(4), pp. 265-72.

Laws invariably impact scope of care and scope of practice. Many scope of care-related laws are designed to protect the interest of patients and/or consumers. Similar to jurisdiction debates in law enforcement, scope of care issues in healthcare highlight the ways each professional dimension or area of specialization is bounded by "turf battles," even when those battles may adversely impact quality of care (National Council of State Boards of Nursing, 2009). Complicating the matter are recent developments in healthcare law, which constrain unethical practices but which might also inadvertently impinge upon legitimate healthcare work. Scope of practice changes should ideally reflect evidence-based practice.
Often the primary beneficiary of scope of care laws are institutions, which avoid needless lawsuits. Primary care services that change as the result of scope of practice legal changes may have positive economic impacts on healthcare institutions. On the other hand, laws that unnecessarily prevent quality of care…...

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References

National Council of State Boards of Nursing (2009). Changes in healthcare professions' scope of practice. Retrieved online:  https://www.ncsbn.org/ScopeofPractice_09.pdf 

Panagala, S.V. & Jansen, D.J. (2014). TRICARE and VA health care. CRS Report for Congress. Feb 11, 2014.

Third Party Patient
The Doctrine of Apparent Agency

Scenario:

June, a 34-year-old divorced woman diagnosed with severe anorexia, is hospitalized. Her doctors feel she may need to be placed on a feeding tube soon to save her life. Initially June agreed to the feeding tube. However, in the evening (before the tube has been placed), she became combative, disoriented, and refused to have the feeding tube placed. Her mother and father insisted that the feeding tube be inserted despite her refusal to allow it. Her ex-husband wishes to uphold June's decision. The hospital administrators seek risk management for legal counsel.

Explain how the Patient Bill of ights applies to this situation.

The Patient Bill of ights articulates U.S. federal law on the doctor-patient relationship, and is consistent with laws on informed consent where licensed professional practice respective to patient well being is in order. Confidentiality of patient record is perhaps the one critical factor in…...

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References

Bullough, B. ed. The Law and the expanding nursing role. New York, NY: Appleton-Century-Crofts, 1980.

Callahan, Joan, ed. Ethical Issues in Profesional Life. Oxford: Oxford University Press, 1988.

Patient Bill of Rights (2010). NIH. Retrieved from:  http://www.cc.nih.gov/participate/patientinfo/legal/bill_of_rights.shtml 

How is shared decision-making different from informed consent? (2010) American Cancer Society. Retrieved from:  http://www.cancer.org/Treatment/FindingandPayingforTreatment/UnderstandingFinancialandLegalMatters/InformedConsent/informed-consent-shared-decision-making

Code §70.41.250
The CW 70.41.250 is a law that provides cost disclosure to health care providers. It is a state law that offers some control over the spiraling expenses of health care by creating transparency within hospital and medical bills (Wash. State, 2016). Made to ensure health care providers provide only necessary services and reduce inflationary rates, CW 70.41.250 also gives the option for a health care provider or physician to inform patients of such expenses to further increase transparency and perhaps fuel a more communicative provider-patient relationship.

A hospital's chief executive officer licensed under this chapter as well as superintendents of state hospitals must maintain and establish a procedure for releasing to health care providers and physicians that have admitting privileges the expenses of all ordered health care services for their patients. This includes copies of hospital charges if they make orders for inpatient/outpatient services. The health care provider and/or…...

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References

Adler, R. (1992). Overview of the Washington Health Care Information Act: Rights and Duties of Provider and Patient - Adler Giersch PS. Adler Giersch PS. Retrieved 7 April 2016, from  http://www.adlergiersch.com/overview-of-the-washington-health-care-information-act-rights-and-duties-of-provider-and-patient/ 

ASPE,. (2015). Standards for Privacy of Individually Identifiable Health Information. ASPE. Retrieved 7 April 2016, from  https://aspe.hhs.gov/basic-report/standards-privacy-individually-identifiable-health-information 

Grass, J. (2013). The Impact of Obamacare on Financial Disclosure Laws for Nonprofit Hospitals: Some Say They Don't Go Far Enough, 3(5). Retrieved from  http://www.americanbar.org/publications/gpsolo_ereport/2013/december_2013/impact_obamacare_financial_disclosure_laws_nonprofit_hospitals.html 

U.S. Dept of State,. (2016). The Privacy Act: U.S. Department of State - Freedom of Information Act. Foia.state.gov. Retrieved 7 April 2016, from https://foia.state.gov/Learn/PrivacyAct.aspx

rights EMTALA grants, to whom, when, and in what setting.
EMTALA is short for the Emergency Medical Treatment and Active Labor Act. It was part of the larger Consolidated Omnibus Budget econciliation Act of 1986, which is commonly referred to as COBA. The EMTALA legislation governs how and when a patient may be refused treatment and/or when they may be transferred from one hospital to another while in an unstable condition. The "avowed purpose" of EMTALA prevents "hospitals from rejecting patients, refusing to treat them, or transferring them to 'charity hospitals' or 'county hospitals' because they are unable to pay or are covered under the Medicare or Medicaid programs" (EMTALA, 2015). Basically, it protects patients that are near-death or are otherwise in medical distress from being sent off to another hospital due to concerns about payment for services rendered. In other words, it prevents a hospital from treating patients based…...

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References

Berkeley. (2015). Similarities and differences. Evolution.berkeley.edu. Retrieved 21 June 2015, from  http://evolution.berkeley.edu/evolibrary/article/similarity_ms_01 

EMTALA. (2015). FAQ on EMTALA. Emtala.com. Retrieved 21 June 2015, from  http://www.emtala.com/faq.htm 

HHS. (2015). The Belmont Report | HHS.gov. HHS.gov. Retrieved 21 June 2015, from  http://www.hhs.gov/ohrp/humansubjects/guidance/belmont.html

ABC Hospital Incident Report
Follow Up Requested: Yes? Nox

INCIDENT DESCRIPTION

What happened? Time: 5 PM Date: 8 Feb 2015 Location: Treatment Room

ABC Hospital has been always known for upholding the highest of ethical and moral standards since my time being employed as a nurse in this organization. The code itself is based on the Hippocratic Oath which directs and aligns the clinical practices of this organization with directed set of principles based on the ancient teachings of Hippocrates, the first Western Healer. The code suggests that patients are to receive our best efforts as healers, leaving no reasonable excuse for failure. Patients are treated as real people with real problems and the need to ensure their protection and safety is no doubt a primary concern.

The code of conduct here at ABC appears to have been violated with the recent problems with MS. Patient X and here misdiagnosis of her problem. The…...

Purdue Pharma's Role in the Opioid Crisis Introduction
The court case of US v. Purdue Pharma is a case that focuses on the Anti-Kickback Statute, which holds it a felony for an entity to accept kickbacks for providing services or items that are reimbursable by a federal program (Baird, 2021). Part of the problem with this case and others like it is that not everyone agrees on what constitutes a kickback. For example, Illiparambil (2020) writes in the Brookly Law Review that pharmaceutical “donations” should not be viewed as kickbacks—even though prosecutors could and have made the case that they act as such. However, kickback laws have been in existence for decades, the first going all the way back to 1931 (Raspanti, Roberts & Bosick, 2017). Today, the Anti-Kickback Statute has led to prosecutions and settlements with pharmaceutical companies like Purdue Pharma for over half a billion dollars (Kraschel & Curfman, 2019).…...

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References

Baird, J. (2021). Recent federal case—Medicare AntiKickback Statute. Retrieved from  

Gore, A. (2020). Exposing the Middlemen in Rising Drug Costs: Modifying Safe Harbor Protections for Pharmacy Benefit Manager Rebates Under Federal Anti-Kickback Statutes. Or. L. Rev., 98, 297.

Illiparambil, T. (2019). Pharmaceutical Philanthropy Or Resisting Regulations?: Why Pharmaceutical Donations Do Not Violate the Anti-Kickback Statute. Brook. L. Rev., 85, 571.

Kraschel, K., & Curfman, G. (2019). Patient Assistance Programs and Anti-Kickback Laws. Jama, 322(5), 405-406.

Raspanti, M. S., Roberts, D. E., & Bosick, P. G. A. (2017). A Practitioner’s Primer on the History and Use of the Federal Anti-Kickback Statute. Retrieved from  https://www.falseclaimsact.com/wp-content/uploads/2018/02/MSR-DER-A-Practitioners-Primer-on-History-and-Use-of-Federal-Anti-kickback-Statute.pdf 

Rios, K. S. (2019). Combatting the Opioid Epidemic in Texas by Holding Big Pharma Manufacturers Liable. . Mary's LJ, 50, 1353.

https://medtrade.com/news/billing-reimbursement/Recent-Federal-Cases-Medicare-Anti-Kickback-Statute/ 

Health Care: The Next Twelve Months
Over the next twelve months, there will be many changes to health care in the United States. The largest and most ambitious goal is to provide the majority of Americans with health insurance (Blendon & Benson, 2010). However, there will be a presidential election and a Supreme Court ruling, which means that 2012 could be the year that determines whether the health care law moves forward or whether it is shut down. It could also go forward in part, after having large pieces of it removed, and it could go forward with some fundamental changes. How the elections go will greatly affect the law - unless, of course, the Supreme Court strikes the law down before the elections arrive. It seems like that the Supreme Court will rule on the individual mandate from a constitutional standpoint, and that could lead to some of the new…...

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References

Blendon R.J., Benson J.M. (2010). Public opinion at the time of the vote on health care reform. New England Journal of Medicine, 362 (16): e55.

Elmendorf, D.W. (2010). Additional information on the effect of the Patient Protection and Affordable Care Act on the Hospital Insurance Trust Fund. Congressional Budget Office.

Peterson, C.L. & Chaikind, H. (2010), Summary of small business health insurance tax credit under PPACA. Congressional Research Service.

Health Care Past, Current, And Future
The health of any nation should be a top priority for leaders and elected political representatives, but in the United States it took several centuries for the nation to begin to come to terms with providing health care for its citizens. This paper covers the gradual implementation of health care services and doctor training facilities in the U.S., and also covers the recent attempt by President Barack Obama to reform a chaotic, poor-functional and expensive health care system. Thesis: It is a scandal of massive proportions that a well-functioning, citizen-friendly universal health care system cannot be instituted in America, the world's most democratic superpower. Until the divisive and toxic political climate can be reformed, there is no chance of major reforms -- or for universal health care coverage -- in these United States.

Past Health Care Services -- Early America

Health care in colonial America in the…...

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Works Cited

Daly, John. (2005). Professional Nursing: Concepts, Issues, and Challenges. New York:

Springer Publishing Company.

Gorsky, Martin. (2010). Good Health for America? History Today, 60(2), 1-6.

McCarthy, Robert L., and Schafermeyer, Kenneth W. (2007). Introduction to Health Care

Health Policies Medicare
hen everyone in our country finally starts to reach the age of 65 years of age or older, then every person will become eligible for Medicare. It is clear that there are some elderly that are having minimum health concerns while others recurrently are dealing with medical issues for which they will have to seek out treatment by the doctor. However, research is starting to display that there are at least five top conditions that are enhancing on medical and drug spending. It is obvious that Heart disease circumstances are the number one medical issue that the those that are considered elderly are facing and that is becoming very costly to them. Most are unaware that the second one is the disease cancer and it could be internal or external for various elderly patients. Other issues such as joint ailments a lot of the times can cost large…...

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Work Cited:

Wenzlow, Audra T., et al. "Effects of a Discharge Planning Program on Medicaid Coverage of State Prisoners with Serious Mental Illness." Psychiatric Services 62.1 (2011): 73-8.

Sommers, Benjamin D. "Loss of Health Insurance among Non-Elderly Adults in Medicaid." Journal of General Internal Medicine 24.1 (2009): 1-7.

Verdier, James, and Allison Barrett. "How Medicaid Agencies Administer Mental Health Services: Results from a 50-State Survey." Psychiatric Services 59.10 (2008): 1203-6.

Harman, Jeffrey S., Allyson G. Hall, and Jianyi Zhang. "Changes in Health Care use and Costs After a Break in Medicaid Coverage among Persons with Depression." Psychiatric Services 58.1 (2007): 49-54.

health care debate that has been going in the United States. It discusses the Obama Care Act and how it impacts the society. Functionalist perspectives and theories are utilized in analyzing the situation and what outcomes are expected. The major themes and concepts of the functionalist theory are discussed in detail.
The Health Care reform proposed by the Obama Administration has long been the area of debate in America and in countries all over the world. The Patient Protection and Affordable Care Act go on to cut down the number of people who are not insured. It requires small businesses to provide medical insurance to all the people working in the business. The employers are obliged to provide a good quality medical insurance. Failure of the small business to provide a good health care system will result in a penalty for any employee that goes uninsured. This act applies to…...

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References

Berkman, L. et al. (2000) from social integration to health: Durkheim in the new millennium. Social Science & Medicine 51 (2000), 51 p.843-857.

Gerhardt, U. (1979) The Parsonian paradigm and the identity of medical sociology. The Sociological Review, 27 (2), p.229-251.

Napsha, J. (2011) Small Business Owners Fret over Health Care Law's Fallout . Tribune-Review/Pittsburgh Tribune-Review, 24th March.

Unknown. (2012) Supreme Court Ruling Dooms Small Business; Obamacare Increases Taxes and Red Tape Burden . The Washington Times, 29th June.

For a research paper on the significance of the pharmaceutical industry and the business aspects of that, you could consider: * Strategic management of the pharmaceutical companies. * The overall business model for pharmaceutical companies. * Problems that are facing the business aspect of the industry. * How changing laws are affecting the pharmaceutical business. There are others, of course, and you can also narrow down one of the options here to provide something more specific. Maybe pick a particular pharmaceutical company and do an analysis on how the health care law may affect it? Finding a topic that's narrow enough is key, so....