differentiate between the concepts of criminal law, antitrust, and health care as they apply to U.S. health law in the 21st Century

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  • Analyze the development of tort law from the concept and degree of negligence to the application of the law to strict / product liability. Evaluate the success of tort law in providing solutions to 21st Century health care disputes. Rationalize your answer by using any applicable legal precedents.

Week 3 Disscussion question
“Contracts and Antitrust Protocols Based on the Criminal Aspects of Health Care”  Please respond to the following:

  • * From the scenario, differentiate between the concepts of criminal law, antitrust, and health care as they apply to U.S. health law in the 21st Century. Conceptualize the primary ways in which these laws apply to U.S. health care administrators.
  • Analyze the general transition of U.S. health laws based on criminal misconduct in health care to the creation of contract laws, as predicated within the Sherman Antitrust Act. Evaluate the efficacy of the measures that the new contracts in question afford, and rationalize whether or not these improvements have provided optimal solutions to today’s complex concerns of integrity in health care performance

Consider how the structure and organization of the U.S. health care system affects delivery of services.

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CONSIDER HOW THE STRUCTURE AND ORGANIZATION OF THE U.S. HEALTH CARE SYSTEM AFFECTS DELIVERY OF SERVICES.

The U.S. health care delivery system is often described as a kaleidoscope, puzzle, or patchwork quilt—descriptions that emphasize the fact that health care delivery in this country involves multiple, loosely coordinated components, and does not function through one integrated system. The organization and structure of this “system” have a tremendous impact on the delivery of services. As such, health care professionals, consumers, advocates, and policy makers face tough choices with regard to health care costs, quality, and access.
To prepare for this Application Assignment:

  • Consider how the structure and organization of the U.S. health care system affects delivery of services.
  • Reflect on the interrelationships between and among health care costs, quality, and access in this country.
  • Bring to mind a specific example that illustrates potential trade-offs.

To complete this Application Assignment, write a 1- to 2-page paper that addresses a specific situation or issue that illustrates the trade-offs involved in decisions related to cost, quality, and access. Be sure that your paper includes answers to the following questions:

  • How could current and future efforts to contain costs affect quality and access?
  • How might measures to ensure the provision of high-quality care influence costs and accessibility?
  • How could efforts to promote universal access to care impact cost and quality?
  • How can the structure and organization of the U.S. health care delivery system bring about or impact cost, quality, and access to health care.

Be sure to support your work with specific citations from this week’s Learning Resources and additional scholarly sources as appropriate. Refer to the Essential Guide to APA Style for Walden Students to ensure that your in-text citations and reference list are correct.

What happens when people apply differential standards (all valid) to health care decisions?

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WHAT HAPPENS WHEN PEOPLE APPLY DIFFERENTIAL STANDARDS (ALL VALID) TO HEALTH CARE DECISIONS?

You are a paramedic arriving at an emergency scene. A group of scouts have entered a cave that is now filling with water. They were led into the cave by a rather large scoutmaster. Unfortunately, while leading them out of the cave, the scoutmaster somehow managed to get stuck in a narrow opening with only his head and shoulders protruding out. With his upper torso stuck outside the cave, it appears the scoutmaster will survive, but all the boys below will drown if they cannot escape.
After you have checked all possible escape routes and have attempted to extricate the scoutmaster, it becomes clear that the only way to save the boys is to sacrifice the scoutmaster and remove him from the hole so the rest of the scouts can escape.
What is the correct action for this case? Justify your decision using each of the following:

  • Duty-oriented reasoning (1 to 2 Paragraphs)
  • Consequence-oriented reasoning (1 to 2 Paragraphs)
  • Virtue-ethics reasoning (1 to 2 Paragraphs)

Based on your analysis, consider what might be the ultimate dilemma of ethics and include your answer to each of the following questions:

  • What happens when people apply differential standards (all valid) to health care decisions? Explain with supporting examples. (2 to 3 Paragraphs)
  • How does an individual determine who is ultimately right when different decisions are reached? (2 to 3 Paragraphs)

Your assignment will be graded in accordance with the following criteria. Click here to view the grading rubric.
Please submit your assignment.

CONSIDER HOW THE P4P MODEL AFFECTS THE OVERALL QUALITY AND PROFIT MARGIN OF HEALTH CARE

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CONSIDER HOW THE P4P MODEL AFFECTS THE OVERALL QUALITY AND PROFIT MARGIN OF HEALTH CARE.

Pay-for-PerformanceThe fee-for-service model of health care is neutral with regard to differences in the quality of health care. The pay-for-performance (P4P) model of health care attempts to set targets to measure quality care. If quality targets are met, providers are rewarded financially. This model is gaining increased popularity in both the public and private sectors. It is, however, not without its critics.
In this week’s Discussion, you and your colleagues will compare and contrast the pay-for-performance model and the fee-for-service model of health care.
To prepare for this Discussion:

  • Consider how the P4P model affects the overall quality and profit margin of health care.
  • Consider how the traditional fee-for-service model affects the overall quality and profit margins of health care providers.

By Day 4, post a comprehensive response to the following:

  • What are the underlying goals of P4P and fee-for-service models?
  • Are there risks to patients in a P4P model?
  • If you were a patient, which model would you prefer the hospital to follow? Why?
  • If you were a provider, which model would you prefer to be paid for? Why?

Required Resources
Media

  • Video: Dentzer, S. (2006). National campaign aims to curb hospital mistakes, saves lives. Retrieved from http://www.pbs.org/newshour/bb/health/july-dec06/lives_08-18.htmlThis video presentation includes an interview with Dr. Donald Berwick discussing the 100,000 Lives Campaign. There is also an option to download the audio only.

Readings

  • Course Text: Jonas & Kovner’s Health Care Delivery in the United States
    • Chapter 11, “High Quality Health Care”

    This chapter defines quality of health care and how differing definitions of quality care are influenced by the perspective of different stakeholders. Chapter 11 also addresses basic strategies for managing quality within the inherent complexity of health care organizations.

  • Article: Robert Wood Johnson Foundation. (2008). The current state of health care quality. Retrieved from http://www.rwjf.org/pr/product.jsp?id=30711

This article provides an overview of three key concerns in quality health care: underuse, overuse, and misuse of resources. The full article is available for download by scrolling down the page to the Publication and Resources section and clicking Download to view “The Current State of Health Care Quality Overview.”

  • Article: Wharam, J. F., & Sulmasy, D. (2009). Improving the quality of health care: Who is responsible for what? JAMA: The Journal of the American Medical Association, 301(2), 215–217. Retrieved from http://jama.ama-assn.org.ezp.waldenulibrary.org/cgi/reprint/301/2/215?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=1&andorexacttitle=and&andorexacttitleabs=and&fulltext=measuring+quality&andorexactfulltext=and&searchid=1&FIRSTINDEX=10&sortspec=relevance&fdate=7/1/2005&resourcetype=HWCIT

This commentary provides definitions, obligations, and implications of quality health care. The article also provides an overview of pay-for-performance and general quality improvement measures.

  • Article: McFadden, K. L., Stock, G. N., & Gowen, C. R. (2006). Exploring strategies for reducing hospital errors. Journal of Healthcare Management, 51(2), 123–135. Retrieved fromhttp://ezp.waldenulibrary.org/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=20416533&site=ehost-live&scope=site

This study explores strategies for reducing hospital errors such as (1) partnership with stakeholders, (2) reporting errors free of blame, (3) open discussion of errors, (4) cultural shift, (5) education and training, (6) statistical analysis of data, and (7) system redesign. Focus your attention on the “Executive Summary” section within the first three pages and the “Discussion” section of the study.