The five elements pertaining to the establishment of a false claim under the False Claims Act are the government must establish that the claim submitted is false and that it was submitted knowingly‚ the government must establish that the person submitted the claim with actual knowledge‚ in deliberate ignorance‚ or with reckless disregard for the claim’s truth or falsity‚ the claim was against a department or agency of the United States and if the claim was material. Privacy Standards were designed
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has a right to receive emergency care and every patient has a right to informed consent. The emergency medical treatment and active labor act (EMTALA) requires hospital that receive Medicare payments to provide care to patients regardless of citizenship‚ ability to pay‚ or legal status. Hospitals with EDs that serve Medicare patients must abide by EMTALA‚ which is a statute that requires stabilization of any patient that presents to the emergency department. An emergency situation as we identified
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Alternatives to the Baker Act History & Overview Mental Illness Only Marchman Act‚ Chapter 397 Developmental Disabilities‚ Chapter 393 History Psychiatric – Not Medical Emergency Examination & Treatment of Incapacitated Persons Act‚ Chapter 401 Federal EMTALA – Emergency Medical Treatment and Active Labor Act & State’s Access to Emergency Services & Care‚ 395.1041‚ F.S. 766.103 Florida Medical Consent Law Probate Rule 5.900 Expedited Judicial Intervention Concerning Medical Treatment Procedures Lack of
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Write a 350- to 700-word paper on one of the following laws: HIPAA (1996) or EMTALA (1986). Pretend you are a health care manager employed at a small community hospital responsible for educating your staff about HIPAA (1996) or EMTALA (1986). Include the following in your paper: · Describe the law and its purpose. · Explain how it is enacted. For example‚ is it enacted by the state or federal government? · What are some key facts every employee should know about the law
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Question 1 - INCORRECT Which statement is true about screening for domestic abuse? Your Answer: Healthcare providers should screen for abuse only if the patient has physical injuries. Healthcare providers should routinely ask patients about abuse. Rationale:Healthcare providers should routinely ask direct questions about domestic abuse. Depending on facility policy‚ routine inquiry may include all adult and adolescent patients‚ or female adolescents and adults only. Question 2 - Correct
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malaria‚ polio‚ and quite a few others (Cosman). Under the Emergency Medical Treatment and Labor Act of 1985 (EMTALA) hospitals are obligated to treat the uninsured. The EMTALA is an unfunded federal mandate‚ meaning they do not provide adequate reimbursement of services. Also the government imposes stiff fines on any doctor or hospital that denies treatment to anyone. In other words‚ the EMTALA allows illegal immigrants free medical services if they first claim an emergency need of care (Cosman).
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PAM 5540 Health Law Summary for 2/14/2014 Morning Session F. Tort Liability of Healthcare Institutions and Managed Care -Liability for Employees and Non-Employees -Vicarious Liability (pages 418-431): -Agency Law and the Test of “Control”: A. Defining “Employee” in the Hospital Setting -Hospital vicariously liable for acts of employees such as nurses‚ technicians‚ clerks‚ custodians‚ cooks‚ etc. -However‚ physicians are often independent contractors using hospital facilities via staff privileges
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Illegal Immigration in the United States Everyday Americans encounter illegal aliens in some way or form‚ but they don’t even know it. Illegal immigration is a burden because it takes jobs away from native-born Americans‚ creates a strain on the health care system and on education. Illegal immigrants that come into our country are attracted to low skilled jobs. These jobs are usually labor intensive and are jobs not sought out by native-born employees. Popular jobs that attract illegal immigrants
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References: Centers for Medicare & Medicaid Services. (2010). Emergency Medical Treatment & Labor Act (EMTALA). Retrieved from http://www.cms.gov/EMTALA. Agency for Healthcare Research and Quality (AHRQ). (1998). “Your guide to choosing quality healthcare.” Rockville: Agency for Healthcare Research and Quality. Retrieved from http://www.ahcpr.gov/consumer/qnt/. Elizabeth Docteur
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References: American Nurses Association. (2001). In Code of ethics for nurses. Silver Spring‚ MD. : Nursesbooks.org. Austin‚ S. (2011). What does EMTALA mean for you? [Entire issue]. Nursing Management‚ 42(9). Burstin‚ H. (2002). Socioeconomic status and risk for substandard medical care [Entire issue]. JAMA: the journal of the American Medical Association‚ 268(17). doi: 10.1001/jama.1992.03490170055025
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