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I AM ATTACHING THE BOOK WE STUDIED FOR THIS COURSE, ALL THE CASES ARE PRESENT AT THE END OF EACH CHAPTER, YOU CAN SEE IT. PLEASE PROVIDE LOGICAL AND RESONABLE ANSWERS TO THESE QUESTIONS AS YOU CAN SEE...

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I AM ATTACHING THE BOOK WE STUDIED FOR THIS COURSE, ALL THE CASES ARE PRESENT AT THE END OF EACH CHAPTER, YOU CAN SEE IT. PLEASE PROVIDE LOGICAL AND RESONABLE ANSWERS TO THESE QUESTIONS AS YOU CAN SEE IT’S A FINAL EXAM AND THERE ARE POINTS MENTIONED INFRONT OF EACH QUESTION. YOU SHOULD CONSIDER PROVIDING AT LEAST HALF PAGE OR SO FOR ANSWER UNLESS DIRECTED OTHERWISE. FOR 10 POINTS QUESTION YOU CAN WRITE LONG ANSWERS FOR 5 POINTS, SHORT ANSWERS. PLEASE MAKE SURE TO TOUCH UPON EVERYTHING THAT IS BEING ASKED IN THE QUESTION. DO NOT MISS TO ADRESS WHAT IS ASKED.
1. You are the CEO of Struggling Medical Center (SMC), a not-for-profit general hospital. The manager of the orthopedic department sends you the following note captioned “An Idea to Improve Our Bottom-Line.”
As you know, the orthopedists with privileges at SMC have been doing an increasing number of their joint replacement surgeries at St. Theresa’s Medical Center. Our quality outcome metrics are better than St. Theresa’s, so it is in patients’ best interests to have these surgeries done at SMC. One idea is to offer each orthopedist a part-time employment a
angement tied to all their joint replacement surgeries. We believe that several of the best surgeons would accept such an a
angement if offered, as to joint replacement surgeries only, $500,000 a year for a ten-year term, with full benefits, and a standard non-compete. Although this compensation might seem high, an outside valuation consultant sent me a short email indicating that based on his quick review, this is probably fair market value. Also, we believe it is a bargain given how much revenue these surgeries and other orthopedic work are likely to generate for SMC.
Of the three federal fraud and abuse laws we focused on, which are potentially implicated by this idea? Please identify the law or laws, explain the legal concerns raised by this idea, and describe the potential penalties. In doing so, please refer specifically to at least one case we studied. (10 points)
2. While replacing shingles, Mel Green fell from the highest point of a one-story house; his coworker took him right away to the nea
y Emergency Department. There he was examined, x-rayed, and discharged with an icepack and some Tylenol. He and his buddy overheard the attending physician tell a resident, “Another uninsured roofer, and probably drug-seeking. I don’t know that we need to do the usual workup.” Mr. Green woke up the next day with partial paralysis of his legs; the specialist he consulted said he’s unlikely to regain full use of them. What possible cause or causes of action might Mr. Green have? In other words, what are possible bases for a lawsuit? What would he need to prove to succeed in obtaining damages? (10 points)
3. You manage a small mental health clinic and get the following email from one of your psychiatrists: “After the class you just took, I know you’re an expert in the ACA. I heard it beefs up mental health coverage requirements. Is that really true? If it is, we 2 should be in a better position to bargain for higher rates and then I’ll go ahead and RSVP yes to the dinner Dr. Ben is putting together next week where all of us psychiatrists (including the other group in town and all the solo practice docs) can strategize about what rates we’re willing to accept before those mercenary insurance companies start calling us to bargain. Best, A
y” How do you respond? (10 points)
4. Many states are considering adopting statutes authorizing the use of POLSTs (also known as MOLSTs). Could those states could achieve the same policy goals by instead adopting both a typical “Natural Death Act” (also known as a “living will statute”) and a typical “Death with Dignity Act”? Why or why not? (5 points)
5. If an organization is exempt under section 501(c)(3) does that mean that all its income and real property are exempt from taxation? Explain your answer and include a reference to at least one of the cases found at the end of chapter XXXXXXXXXXpoints)
Answered Same Day Mar 14, 2021

Solution

Dr Khalid answered on Mar 18 2021
156 Votes
Page | 2
Answer – 1
False Claims Act (FCA) comes into action as and when a US employee submits a fraudulent claim for governmental approval while knowingly modifying or concealing evidence and facts related a range of services, including health care and surgery. FCA will require execution in the presented case based on the filing of a fraudulent claim related to the rendered surgical interventions. For example, the concerned surgeon will be subjected to FCA in scenarios when they undertake unnecessary surgeries in the absence of valid medical necessities with the core objective of increasing the cost of surgeries to earn a greater profit. This act will not only compromise the health and wellness of the treated patients but also reduce their trust in the medical fraternity. Furthermore, the scenarios where the concerned orthopedic surgeons document false medical conditions also become the subject of FCA execution (Bernstein). The contractual agreement of the orthopedic surgeons in the presented context and submission of fraud surgery claims will also make SMC (Struggling Medical Center) liable to penalties in accordance with the SMC stipulations. The individual surgeon in the presented scenario will be subjected to five years of imprisonment and/or a penalty of $25,000 (Showalter 557). The offenders, including SMC and the concerned surgeons, will be excluded from their engagement in various Medicaid and Medicare programs and fined in accordance with the civil money statutes. The civil penalty in such cases might exceed $50,000 for each contravention. The offenders will also need to submit a hefty amount (equivalent to three times of the remuneration value) in addition to the imposed penalties. The criminal context of the federal law will enforce a penalty of $500,000 or more on SMC and $250, 000 or more on the defaulter surgeon following an escalation of false treatment claim (Showalter 557). The treatment providers or orthopedic surgeons at SMC will become the subject of FCA proceedings after undertaking unnecessary refe
als during the postoperative period in the absence of a therapeutic requirement. For example, a physician from the multispecialty group of orthopedic physicians might refer his/her patient to another physician of the same group in a scenario when each refe
al will increase the compensation of both physicians (Showalter 553-560). The safe ha
oring of medical services by the orthopedic surgeons through the Stark self-refe
al convention in the absence of a valid requirement will also penalize them in accordance with the anti-kickback statute. Orthopedic surgeons in coordination with SMC will not be authorized to claim payments for the joint replacement surgeries or associated treatment interventions covered through the federal health program for selected patients. However, efforts to claim the payments for such interventions will also make the defaulters subjected to penalization through Antikickback statute. Therefore, SMC will require optimizing physician-hospital alignment in a manner to reduce the escalation of false treatment claims while concomitantly maintaining the profitability of the concerned stakeholders and improving the treatment outcomes (Page et al.).
Answer – 2
The attending physician in the presented case required evaluating immediate treatment coverage options in the context of providing extended trauma care to reduce the risk of Mr. Green’s extremity paralysis. The treating physician required evaluating the ACA (Affordable Care Act) provisions to make a calculated decision regarding Mr. Green’s conventional trauma care work-up and pharmacotherapy in the emergency department (Kominski et al.). Physician’s knowledge of trauma care reimbursement based on ACA-related insurance expansion could have saved the functionality of Mr. green’s extremities in the presented context (Scott et al.). Furthermore, the treating physician could have evaluated the provision of tax credits for Mr. Green in the context of levering a substantial reduction in trauma-care cost without compromising the treatment quality (Showalter 63). The treating physician and health care teams in the presented context substantially violated EMTALA (Emergency Medical Treatment and Labor Act) provisions while denying the provision of conventional screening, extremity stabilization and trauma care for Mr. Green. EMTALA obliges the emergency care physicians to mitigate the emergency crisis i
espective of the status, wealth, socioeconomic, and insurance status of the patient populations. The concerned physician failed to deal with the distressed patient and violated EMTALA provisions while discharging him with Tylenol and ice-pack despite knowing the possible clinical complications. The treating physician summarily ignored the unfunded EMTALA mandate while refusing to undertake an appropriate medical screening examination to rule out and evaluate the possible clinical outcomes in Mr. Green’s case (Zuabi et al.). Furthermore, the stabilization of Mr. Green’s traumatized legs was not effectively undertaken in accordance with the capacity of the emergency department. The timely treatment, consultation, and hospital admission of Mr. Green were also not performed in accordance with his traumatic condition in the...
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