Court System on Health Insurance

James Hitesman v. Bridgeway, Inc., d/b/a Bridgeway Care Center, Nos. A-73 September Term 2012, 0724466 decided June 16, 2014.
https://caselaw.findlaw.com/nj-supreme-court/1671232.html

The exam consists of 10 questions. Your answers must be numbered and written in paragraph form double-spaced. Include a reference section and include the case citation for this case and any other relevant sources, federal law, case law or Code. Your final exam must be no less than 4 pages and no more than 6 pages (excluding cover page and reference section). Do not put these instructions or the stem of the question in your answer. Answers must be in paragraph form and numbered 1., 2., 3., and so on. Follow APA format and the final exam rubric. Good luck.
You have time to complete this exam. It will not take you that long. Late submissions will earn a “0” (zero).

1. Give a concise and brief recitation of the facts. In other words, what actually happened? What is the controversy?
2. State the procedural history. (Procedural history is a statement of the events within the court system that led to the present case. Procedural history is the disposition of the case in the lower court(s) that explains how the case got to the court whose opinion you are now reading. Include the following in your paragraph pertaining to the procedural history: (a) the decision(s) of the lower court(s). NOTE: if the case was decided by a trial court and reviewed by an intermediate appellate court before reaching the court whose decision you are now reading, be sure to note what each court decided. (b) the damages awarded, if any. (c) who appealed, why and their reasoning.
3. How does the ANA Code of Ethics for Nurses apply to this case? What specific Provision or Provisions apply? Did the Court apply the Code of Ethics? Why or why not? Is a Code of Ethics binding law?
4. Why did Bridgeway terminate the employment of nurse Hitesman? Do you agree or disagree with the decision? Why or why not?
5. What significance, if any, did the Court give in the final outcome of this case, to the employee handbook? Did the Court give any credence to the statement of Patient Rights?
6. In what way, if any, did the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
   42 U.S.C.A. §§1320-d-1 to -9 impact the Court’s decision?
7. What is the Conscientious Employee Protection Act (CEPA)?
   What are the elements of a NJ CEPA claim that a plaintiff must prove in order to have a valid claim? Did the NJ Supreme Court determine that the plaintiff had a valid CEPA claim? Discuss your evaluation.
8. What was the NJ Supreme Court’s judgment? Discuss.
   Was there a dissenting opinion? Do you agree with the majority opinion or that of the dissenting opinion of Justice Albin?
9. What would you have done differently from nurse Hitesman, if anything? Explain why or why not. As a nurse in leadership capacity, what if anything would you have done when nurse Hitesman approached you with his concerns?
10. Discuss the political, economic and social impact of this decision.