Facts of the Case: On September 13, 2005 the Authority, introduced a policy requiring brief pat-down searches of all persons attending Buccaneers football games. Johnston is a Buccaneers season ticket subscriber who first became a season ticket holder in 2001. In February 2002, the NFL Commissioner expanded the policy to require pat-down searches of all patrons attending and other special events. Johnston was aware of the pat-down policy before the first game of the 2005 season. Johnston called the Buccaneers' office before the first game of the 2005 season to discuss the pat-down search policy. Johnston objected the policy, and claims that he was told that the Buccaneers would not refund the cost…
In this paper I will discuss the case of Davis v. the Board of County Commissioners of Doña Ana County. In this case Joseph Herrera an employee at the detention center was accused of sexually harassing the female inmates. Herrera’s supervisor at MVH where he was employed, advise Herrera that they will taking actions to discipline him due to the complaints and Herrera resigns. Herrera asks his employers to give him a letter of recommendation for an employer he was applying for and the supervisors give him an outstanding recommendation. His supervisors neglect to tell the prospective employer that at the time of his employment he was under investigation for sexual harassment. Because they did not disclose that information they employed Herrera and he repeated his actions.…
Ray Bolger has a claim against his employer, Homer Zuckerman, for the tort of intrusion upon seclusion after Zuckerman suspected Bolger of malingering and sent another employee to secretly videotape Bolger in his home. Due to the doctrine of respondeat superior, Zuckerman bears the responsibility for his employee’s actions that he ordered. Ever since Abby Scuito successfully sued a member of the paparazzi for the tort of intrusion upon seclusion after he broke into her hospital room, Oklahoma has recognized this tort. Scuito v. National Tattler, Inc., 246 P.2d 357, 358. Intrusion upon seclusion is an intentional tort that requires an unauthorized and unreasonable intrusion into another party’s privacy. McGee v. Gemcity Publishers, Inc., 2010…
The Tarasoff case is the case that “established a clinician’s duty to warn” (Mottarella, n.d.). Prosenjit Poddar, a student at University of California Berkeley (UCAL) was a patient of Dr. Lawrence Moore, a psychologist a hospital affiliated with UCAL. Poddar was seeking treatment for an emotional breakdown after being romantically rejected by Tatiana Tarasoff. In the course of therapy Poddar related to Dr. Moore his intent to kill Tarasoff that fall. Dr. Moore conferred with his superiors at the facility and the determination, customary at that time, was made to have Poddar involuntarily committed. Dr. Moore notified the campus police and requested that Poddar be picked up, warning that Poddar can appear quite rational at times. Campus…
If one thing is for sure, statues of America’s “historic figures” are arguably one of the lesser evils humans have had to face. The recent removal of several objectionable statues across the United States has sparked a debate amongst its citizens, Dennis Prager and Robert Kuttner being two of them. After reading “Goodbye, Columbus” and “Those Who Don’t Fight Evil Fight Statues”, I found their arguments to be relatively similar, but each with a unique rationale. What the two seemed to agree on was that leftists often fail to identify the real threat in a political issue. Prager uses the example of leftists attacking anti-Islamists instead of Islamists, the greater enemy in the Syrian civil war. I found myself agreeing with Prager in that leftists…
Jerry’s medical training does not qualify him to issue the refill order. The patient’s physician is the one who needs to determine whether or not the patient should have a prescription of Valium issued for his flight or not. Jerry’s medical training does not qualify him to issue any prescription to any patient regardless of what it is and who it is for. If a patient’s prescription request was for control of high blood pressure that the patient critically needed on a daily basis Jerry would still not have the professional credentials to allow him to issue the prescription orders. If faced with such a scenario Jerry should explain to the patient that he does not have the right to issue a prescription of any kind but that he would make it his first priority to tell the receptionist when he or she returned from his or her lunch break.…
A jury convicted McClatchey of conspiracy to violate the Medicare Anti-Kickback Act by offering and paying remuneration to the two doctors involved in the case. Hoping or maintaining a purpose for doctors to refer their nursing home patients to Baptist Medical Center was a violation; moreover, he was also violating or aiding and abetting violations of the Act by knowingly and willfully offering and paying remuneration in return for such referrals. The district court granted Mr . McClatchey 's motion for judgment of acquittal , finding that the evidence presented at trial was insufficient to support a conviction for either offense. The judge stated that to convict McClatchy of both the conspiracy charge and the substantive charge of violating the Act, the government needed to prove beyond a reasonable doubt that McClatchy knowingly and willfully joined a conspiracy with the specific intent to violate the Act.…
The creation of database compels malpractice insurers, licensing agencies, HMOs, hospitals and group practices to report malpractice payments and any adverse action affecting medical professionals. The database is achieving its purpose as the 2011 annual report showed that medical malpractice payments declining steadily from 2002 to 2011. The database also makes it easier for authorized agencies, government agencies, hospitals, and medical associations to access information before hiring an individual and before licensing or renewing licensure. This ensures that only diligent and qualified professionals are entrusted with patients’ healthcare.…
This issue came about in 1997 when Rick Scott who is now the governor of Florida was involved in the biggest Medicare fraud case in the US history. After the hospital fined him at $1.7 billion and found him guilty of swindling money from the government, he had to step down as CEO of Columbia/ HCA. As of now he is working on trying to kill off an antifraud database that would track down the fraudulent distribution of addictive prescription drugs in Florida, over the protest of law enforcement officials, Republican state lawmakers, and federal drug policy…
Joint venture practices, on the other hand, (either by their design or because of it) are under continuous scrutiny for just such practices. Joint venture practices are structured to provide ancillary services, a business structure much different than sharing ancillary help (as with traditional group practices). Under this structure, treating physicians set up their own 'in-house ' diagnostic and pathological laboratories and various types of treatment centers to provide patients with prescribed therapies. These joint venture practices are structured to provide patients with a virtual one stop doctor 's visit, no referrals needed, and, all services are rendered 'in-house '. Arguably, under this arrangement, the spirit of the AMA code of ethics against profiteering from patient treatment is completely desecrated, as the checks and balances of peer oversight has been removed. Still, legally, these kinds of practices are permitted, under Stark Law (Omnibus Budget Reconcilliation Act of 1989, 1989) because of the 'in-house ' structure of the businesses.…
This research paper is being submitted on March 3th, 2013, for Milo Sampson’s M230/HSC2641 Section 04 - Medical Law and Ethics class.…
This paper is being submitted on July 29, 2012 for Carol Taylor’s M230 Medical Law and Ethics course.…
Protecting the privacy of patient’s health information is a main concern among health care providers today. The Health Insurance Portability and Accountability Act of 1996 known as HIPAA was approved by law to safeguard not only patients but also health care workers. However, sometimes people tend to violate these laws unintentionally or sometimes intentionally. According to an article from the Department of Health and Human Service website (2011), HHS imposes a $4.3 million civil money penalty for violating HIPAA privacy rules on Cignet Health (U.S. Department of Health and Human Services, 2011). This paper will elaborate on the violation issue of Cignet Health and the population it affects most, the ethical and legal issues reported, and explain the managerial responsibilities related to this issue. Additionally, this paper will elaborate on any proposed solutions and what arguments or facts used to support the proposed solution.…
This is like the prepayment group established at the end of the case study. Under the ACA physicians are getting paid per patient that is seen (The Affordable Care Act's Payment and Delivery System Reforms: A Progress Report at Five Years, 2015). This means physician are more concerned with the number of people they see vs the quality of care. Ultimately, some people are paying high amounts in insurance while others are not paying anything, just to ensure that everyone is…
As we head into the next four years under the Obama administration, many Americans are hearing more and more about healthcare reform and what needs to be done to fix the ailing healthcare system. Part of the dramatic increase in healthcare costs is due to Medicare fraud abuse. Healthcare fraud is defined as making false statements or representations of material facts in order to obtain benefits or payment. Healthcare abuse is defined as practices involving the overuse or misuse of services, either accidentally or intentionally, for various reasons that results in overpayment. These acts may be committed by an individual person or an entity. Fraud and abuse exposes a person, provider, or entity to criminal and civil liability (CMS, 2012). Healthcare fraud and abuse costs taxpayers billions of dollars each year, causing an increased strain on state and federal budgets, and puts a beneficiary’s health and welfare at risk. The HIM professional plays an important role in controlling this type of fraud and abuse.…