Legal Aspects of Health Care Administration


Instructions: Please answer using your own words in a minimum of 300, maximum 450 words (2.5-3 paragraphs). PER QUESTION 3 in total. Referenced with three (3) peer-reviewed journal articles or qualified text publish within the past five years and follow APA Manual 7th editions scholarly writing guidelines PER QUESTION. 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.

Question 1. Privacy and Security

Address (Answer) ALL questions in a minimum of 300, maximum 450 words

Review the Iturralde v. Hilo Medical Center:

  1. Evaluate the Iturralde v. Hilo Medical Center case and discuss how the 4 elements of the tort of negligence apply to the doctor and hospital.
  2. Discuss the pros and cons of medical malpractice ADR statutes. Indicate how you would prepare for the ADR process in your state.
  3. When a medical error occurs, there is a tendency to want to cover it up. Explain what you would do as a hospital executive to create a culture of transparency that encourages early reporting of medical errors, near misses, and other problems.
  4. If you were an executive at Hilo Medical Center discuss three risk management strategies you could take to prevent the problem that led to the lawsuit.
  5. If you were an executive at Hilo Medical Center discuss three actions you could take to limit liability after the incidents that led to the lawsuit occurred.

Question 2: Healthcare Contracting

Address (Answer) ALL questions in a minimum of 300, maximum 450 words

  • Evaluate the OIG’s 2005 Special Bulletin on Joint Ventures to help a hospital understand its latitude for entering into joint ventures with physicians. What is a potentially problematic contractual arrangement? Do you think the guidance is too restrictive or not restrictive enough? Why or why not?
  • Evaluate OCA, Inc. v. Hodges. See OCA, Inc. v. Hodges, 615 F. Supp. 2d 477 (E.D. La. 2009) at What contracting lessons can be learned from this case? What contracting practices would you adopt to avoid the problems encountered in this case?
  • Many organizations add an alternative dispute resolution (ADR) clause to a contract to require the parties to settle a dispute by negotiation, mediation or arbitration. Evaluate the pros and cons of each type of clause. Indicate which you prefer and why.

Questions 3. Employment

Part 1: Critical Analysis of the Law

Address (Answer) ALL questions in a minimum of 300, maximum 450 words

Read the William Beaumont Hospital and Jeri Antilla case number 07-CA-093885, before the National Labor Relations Board.

  • 1.Evaluate the decision of the Beaumont case in regards to terminating Antilla and Brandt. Do you agree or disagree?Why?
  • Evaluate the decision made in the Beaumont case regarding whether they violated Section 8(a)(1) of the National Labor Relations Act. Do you agree or disagree? Why?
  • What is your recommendation of how the hospital should have handled the situation that gave rise to the decision? What would you do if you were the supervisor?

Part 2: Strategic Application of the Law

Address (Answer) ALL questions in a minimum of 300, maximum 450 words

You are the Vice President of Nursing at Good Care Medical Center, a large hospital located in New Jersey.The CEO has formed a committee of various clinicians to consider whether the hospital should expand nursing services to include multiple Advanced Practice Registered Nurses (APRNs).You are tasked with briefing the committee that advocates for the expansion effort.

  • Explain the scope or practice rules for APRNs in New Jersey. Give an example of another state or provider that has successfully expanded APRN services.
  • Make a recommendation to the committee on whether to expand based on legal information and other data about APRN. Support your recommendations with reasons.

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