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For this assessment, you will submit a response in three parts that researches and addresses three different legal issues.

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For this assessment, you will submit a response in three parts that researches and addresses three different legal issues.

For this assessment, you will submit a response  in three parts that researches and addresses three different legal issues.

Health care analysts must be able to analyze the implications of laws and regulations, in order to implement a mandate.

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

  • Competency 1: Evaluate the value dilemmas that health care providers/managers must confront.Develop a synopsis on the effects of the time to compliance for all concerned parties.
  • Competency 2: Examine the ethical role and responsibility of managers in health care.Analyze laws that govern general staff and labor relations and how they may be in conflict from the perspective of a patient.
  • Research Health Insurance Portability and Accountability Act (HIPAA) regulations and compliance issues.
  • Competency 3: Apply ethical practice standards in health care service delivery.Research the Health Care Quality Improvement Act (HCQIA) and how it affects physicians.
  •  summary for how to implement a mandate in less than seven years.
  • Develop a plan that addresses the political, legal, or social constraints for implementing a mandate.
  • Competency 4 : Communicate in a manner that is professional and consistent with expectations for members of the business professions.Communicate in a manner that is professional and consistent with expectations for members of the business professions.

Context

We must look at the legal issues involving providers, staff, and labor relations. In the hierarchy of legal importance, these would rank only second to those involving patients. With this knowledge, we will be able to better understand the issues and problems surrounding groups involved in providing health care services. When dealing with medical staff, hospitals must comply with JCAHO, Medicare conditions of participation, and state hospital-licensing rules. In summary, there are several categories of legal issues that must be considered.

Show LessThe Assessment 5 Context document contains additional information about legal issues, covering these topics:

  • Medical Staff Liability.
  • Fourteenth Amendment.
  • Eleventh Amendment.
  • Medical Staff Privileges and Sanctions.
  • General Staff and Labor Relations.

Resources Required Resources

The following resources are required to complete the assessment.

Internet Resources

Access the following resources by clicking the links provided. Please note that URLs change frequently. Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication.

  • Social Security Administration. (n.d.). Title IV—Health care quality improvement act of 1986. Retrieved from http://www.ssa.gov/OP_Home/comp2/F099-660.html
  • U.S. Department of Health and Human Services. (n.d.). Health information privacy. Retrieved from http://www.hhs.gov/ocr/privacy/

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Suggested Resources

The following optional resources are provided to support you in completing the assessment or to provide a helpful context. For additional resources, refer to the Research Resources and Supplemental Resources in the left navigation menu of your courseroom.

Capella Resources

Click the links provided to view the following resources:

  • Assessment 5 Context.

Library Resources

The following e-books or articles from the Capella University Library are linked directly in this course:

  • Baum, N. (2006). A new look at informed consent. Healthcare Financial Management, 60(2), 106-112.
  • Beauchamp, T. L. (2003). A defense of the common morality. Kennedy Institute of Ethics Journal, 13(3), 259-276.
  • Cunningham, L. (1989). The will of the people. The Healthcare Forum Journal, 32(4), 21-25.
  • Curtin, L. L. (1994). DNR in the OR: Ethical concerns and hospital policies. Nursing Management, 25(2), 29-32.
  • Duff, S. (2002). It’s easier to tell the truth. Modern Healthcare, 32(23), 12-13.
  • Leape, L. L. (2006). Full disclosure and apology—An idea whose time has come. Physician Executive, 32(2), 16-18.
  • Nelson, W. A. (2005). An organizational ethics decision-making process. Healthcare Executive, 20(4), 8-14.

Course Library Guide

A Capella University library guide has been created specifically for your use in this course. You are encouraged to refer to the resources in the MBA-FP6277 – Ethical and Legal Considerations in Health Care Library Guide to help direct your research.

Internet Resources

Access the following resources by clicking the links provided. Please note that URLs change frequently. Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication.

  • Salisbury University. (2014). 7 critical reading strategies. Retrieved from http://www.salisbury.edu/counseling/New/7_critical_reading_strategies.html
  • Gaskill, D. (2008). Kantian ethics [Lecture notes]. Retrieved from http://www.csus.edu/indiv/g/gaskilld/ethics/Kantian%20Ethics.htm
  • Driver, J. (2009). The history of utilitarianism. Stanford Encyclopedia of Philosophy. Retrieved from http://plato.stanford.edu/entries/utilitarianism-history/
  • Sturgis, A. H. (1994). The rise, decline, and reemergence of classical liberalism. The LockeSmith Institute. Retrieved from http://www.belmont.edu/lockesmith/liberalism_essay/index.html
  • Bell, D. (2012). Communitarianism. Stanford Encyclopedia of Philosophy. Retrieved from http://plato.stanford.edu/entries/communitarianism/
  • Kereiakes, D. J., & Willerson, J. T. (2014). US health care: Entitlement or privilege? American Heart Association. Retrieved from http://circ.ahajournals.org/content/109/12/1460.full
  • Managed Care. (n.d.). Retrieved from http://www.managedcaremag.com/
  • The Joint Commission. (2014). Retrieved from http://www.jointcommission.org/
  • U.S. Government Publishing Office. (n.d.). Federal digital system. Retrieved from http://www.gpo.gov/fdsys/
  • The Library of Congress. (n.d.). THOMAS [Federal legislative information]. Retrieved from http://thomas.loc.gov/home/thomas.php
  • Davis, M. M. (2013, August 13). Right, privilege—or tragedy of the commons [Web log post]. Retrieved from http://www.rwjf.org/en/blogs/human-capital-blog/2013/08/right_privilege_or.html
  • Moss, W. G. (2009). Is health care a human right? History News Network. Retrieved from http://hnn.us/article/119553
  • HealthyPeople.gov. (2013). Access to health services. Retrieved from http://www.healthypeople.gov/2020/topicsobjectives2020/overview.aspx?topicid=1
  • Healthcare Quality Association on Accreditation. (2014). Retrieved from http://www.hqaa.org/Pages/SP/Home.aspx
  • Accreditation Association for Ambulatory Health Care, Inc. (AAAHC). (2014). State requirements for accreditation. Retrieved from http://www.aaahc.org/en/news/Federal-and-State-Regulations/State-Laws-and-Regulations/
  • National Center for Complementary and Alternative Medicine (NCCAM). (2014). Credentialing: Understanding the education, training, regulation, and licensing of complementary health practitioners. Retrieved from http://nccam.nih.gov/health/decisions/credentialing.htm
  • Barnum, B. S. (1997). Licensure, certification, and accreditation. The Online Journal of Issues in Nursing, 2(3). Retrieved from http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/Vol21997/No3Aug97/LicensureCertificationandAccreditation.html
  • The Joint Commission. (2014). Accreditation for hospitals. Retrieved from http://www.jointcommission.org/accreditation/hospital_audience.aspx
  • Popp, P. L. (2002). How to—and not to—disclose medical errors to patients. Managed Care. Retrieved from http://www.managedcaremag.com/archives/0210/0210.legal.html
  • The Henry J. Kaiser Family Foundation. (2014). Archived KaiserEDU.org tutorials. Retrieved from kff.org/archived-kaiseredu-org-tutorials/Scroll down the Web page to find and view the 2007 tutorial titled “Race, Ethnicity, and Health Care.” Read the linked download instructions at the top of the page for information on how to access the material for viewing.

Bookstore Resources

The resources listed below are relevant to the topics and assessments in this course and are not required. Unless noted otherwise, these materials are available for purchase from the Capella University Bookstore. When searching the bookstore, be sure to look for the Course ID with the specific -FP (FlexPath) course designation.

  • White, B. C., & Zimbelman, J. (2005). Moral dilemmas in community health care. Upper Saddle River, NJ: Pearson.

Assessment Instructions