Health Policy and Law Basics

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Assignment 1: Health Policy and Law Basics
Due Week 3 and worth 150 points

 

As a chief operating officer of a hospital, you have been tasked with opening a new ambulatory care center in your city.

 

Write a 2-3 page paper in which you:

 

  1. Specify whether you would utilize the professional autonomy, social contract, or free market perspective as the paradigm to design the structure of your new center. Debate at least two (2) advantages and two (2) disadvantages of your chosen perspective. Provide at least two (2) examples of your perspective in action to support your response.
  2. Analyze the key components of three (3) sources of law related to the effects that each source could potentially have on your healthcare organization’s new initiative.
  3. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

 

Your assignment must follow these formatting requirements:

 

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

 

The specific course learning outcomes associated with this assignment are:

 

  • Describe the evolution of hospitals and sources of law.
  • Examine tort law and the criminal aspects of health care.
  • Use technology and information resources to research issues in healthcare policy, law, and ethics.
  • Write clearly and concisely about healthcare policy and law using proper writing mechanics.

Research, analyze and apply tort law, product liability law, jurisdiction, and contract law and their associated potential risks and liabilities in business.

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Purpose

The purpose of this project is to research, analyze and apply tort law, product liability law, jurisdiction, and contract law and their associated potential risks and liabilities in business. The project requires you to identify and analyze legal issues and to make recommendations.

You will also develop skills in critical thinking to create an in-depth comprehensive analysis.

The project relates to the concepts covered in weeks 1-7.  You should refer to assigned materials in earlier weeks of the course, including Instructor Notes in Week 3 and other weeks.

Outcomes Met by Completing this Assignment:

  • recommend appropriate actions in the business environment based on an understanding of sources of law, legal process and procedure, and available remedies
  • analyze contractual rights, obligations, liabilities, and remedies in the business environment
  • analyze tort rights, obligations, liabilities, and remedies in the business environment

Background:  Things are moving quickly for the GC owners.  They are almost ready to open operations and finalize contract negotiations with EPI to purchase cleaning products.   EPI and GC have already agreed that GC:

(1) will  buy cleaning products exclusively from EPI for three years,

(2) will be permitted to resell those products to clients and other businesses, and

(3) may contract with certain businesses who buy cleaning products from GC to become Authorized Distributors (AD) for those GC products; ADs will be listed on GC’s website.

GC needs to draft a contract to reflect an agreement between GC and future ADs.  The contract will be complex, and GC is concerned about risks and liabilities created by AD relationships.

In a meeting with TLG, GC owners stated they have heard about several recent lawsuits involving businesses and ADs.  Connor presented a “what if…” scenario that could create complicated liabilities arising from GC-AD agreements.

The “what if…” scenario follows.

“What-If…” scenario:  In contracts with ADs, GC includes an indemnification clause stating that the AD would cover claims by third parties harmed directly as a result of the ADs actions.

A GC AD contracts to clean concrete floors in a commercial building in North Carolina using Floor-ex, a cleaning solution, purchased from GC (manufactured by EPI and sold to GC for resale distribution).

The AD’s employee spills a large tub of Floor-ex on the job site resulting in the following:

  • the building owner slips on the spill, is injured and misses 3 weeks of work;
  • the building owner hits a piece of equipment in the fall causing it to slide resulting in damage;
  • Floor-ex splashes on the wall, staining it and part of the wall must be replaced.

The building owner files a lawsuit against the AD and GC for negligence, as well as for product liability.  The building owner seeks compensation damages for:

  • medical expenses and economic loss from her injuries;
  • costs for repair to the building wall;
  • costs for repair to the damaged piece of equipment.

The GC owners ask TLG’s opinion about their liability if a situation like the “what-If…” scenario occurred with one of their ADs.  TLG’s response will influence the owners’ final decision about whether to use ADs in their new business.

Instructions:

Winnie and Ralph asked you to discuss the  “what-If…” scenarios and analyze the related potential liabilities with an attorney TLG has on retainer.  Winnie and Ralph want you to then summarize the attorney’s analysis in a memorandum to them for further discussion with the GC owners.

The memo should analyze and explain:

Part I. Green Clean

1.  The strengths of the plaintiff’s negligence claim against GC;

2.  Potential defenses, if any, GC could assert in the negligence claim;

3. The strengths of the plaintiff’s product liability claim against GC;

4. Jurisdiction issues if GC was sued in North Carolina.

Part II. Authorized Distributor

5. The strengths of the plaintiff’s negligence claim against AD;

6.  Potential defenses, if any, AD could assert in the negligence claim;

7.  The strengths of the plaintiff’s product liability claim against AD;

8.  Whether, if AD is found liable for negligence and for product liability, AD could sue GC to recover damages paid to the plaintiff?

Format

Label all parts.

Use correct, complete sentences, in paragraph format.

Use in-text citations and a Reference List in APA format.

Support and explain all conclusions.

Write an in-depth, comprehensive analysis.

Memorandum

To:              Winnie James, Ralph Anders

From:           (Your Name)

Date:

Re:               Liability Analysis

Part I.

1.

2.

3.

4.

Part II.

5.

6.

7.

8.

__________

Review the Project Memorandum

Thoroughly read the project to ensure all required elements are present.

Proofread for spelling and grammatical issues.

Use the spell and grammar check in Word.

Reference Material :

https://www.sba.gov/business-guide/launch-your-business/choose-business-structure

http://smallbusiness.findlaw.com/incorporation-and-legal-structures/types-of-partnerships.html

https://www.delawareinc.com/general-corporation/

https://www.incfile.com/limited-liability-company/

https://saylordotorg.github.io/text_law-for-entrepreneurs/s23-relationships-between-principa.html

https://saylordotorg.github.io/text_law-for-entrepreneurs/s24-liability-of-principal-and-age.html

C++

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Each experiment should be documented with a separate C++ file + output screen. You can add some notes next to the lines documenting what the statements are doing. Please, format the source file when you insert it to the Word document file for readability. I will consider the format in grading!

Plagiarism is considered academic dishonesty and is subject to a sanction such as getting zero for all lab works or even getting an F grade in the course.

Critical Thinking

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Critical Thinking Assignment Option #1: Acquisition of New Employee Skills

The goal of this assignment is to analyze how an organization can help employees gain the new skills required by and for the change effort. For this assignment, you will examine your expectations that the company you work for will provide you with ongoing knowledge and skills training. Base your answer on an organization you have worked for, or on one from the case studies in your textbook.

Directions:Thoroughly answer the following:

What are your expectations of the Human Resources Department? Explain how and why your expectations are or are not being met since you were first hired.
Describe where or from whom you have acquired your knowledge concerning the performance of your work: team collaborations, supervisor, human resource department, colleagues, or work experience.
Explain what on‐the‐job training development you would recommend for new employees based on your personal work experience. Provide a rationale for your response.
Requirements:

Back up your facts, assumptions, ideas, and claims with at least six scholarly sources. You may not use the textbook for this requirement. The CSU‐Global Library is a good place to find these sources.
Your paper must be 4‐5 pages in length, not counting the title and references pages, which you must include.
Format your paper according to the CSU-Global Guide to Writing and APA (Links to an external site.).
Review the grading rubric to be sure you understand how you will be graded on this assignment.