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)