this is the scenaro this is a discussion not a paper HSA515 Week 4 Scenario Script: Health Care Policy, Law, and Ethics - Civil Procedures, Practices and Corporate Structure Slide # Scene/Interaction Narration Slide 1 Scene 1: Exterior Strayer University Building/Classroom Slide 2 Scene 2 Professor Charles enters classroom and introduces the topics for today’s lesson and begins the lecture. Prof Charles : Hello everyone….welcome back to class. Today, we are going to discuss civil procedures, practices, and corporate structure. Trials, especially jury trials, are vital to fostering the respect of the public in the civil justice system. Trials do not represent the failure of the system. This class is important in understanding the law as it applies to the courtroom. Although many of the procedures leading up to and followed during a trial will be discussed, civil procedures and trial practice are governed by each state’s statutory requirements. Cases on a federal level are governed by federal statutory requirements. The pleadings of a case are the written statements of fact and law filed with a court by the parties to a lawsuit. The complaint is the first pleading in a lawsuit that is filed by the plaintiff. A demurrer is a pleading filed by a defendant challenging the legal sufficiency of a complaint. An answer to a complaint is a pleading, which admits or denies the specific allegations set forth in the complaint and constitutes a general appearance by a defendant. A bill of particulars is a request for a written itemization of the claims, which a defendant can demand from the plaintiff to determine what the details of a claim are. A defendant may also file a cross-compliant and bring other parties into a law suit by the process. Let’s first discuss the summons and complaint. Who can tell us what a summons and a complaint are? Casey: A summon is a service of process on a defendant and a return to the court of that process by the person who served it. In other words, it is when an issue has been called in the courts to come back together. And, Wow, a complaint  is any formal legal document that is issued by the plantiff to hopefully supports a claim against someone or a group. Donald : A first pleading filed with the court in a negligence action is the complaint. The complaint identifies the parties to a suit, states a cause of action, and includes a demand for damages. The complaint is filed by the plaintiff and is the first statement of a case by the plaintiff against the defendant. Prof. Charles : Absolutely… What specific formalities must be observed in the service of a summons for proper jurisdiction? Casey : The formalities dictate the manner in which a summons is to be delivered, the period within which service must be effected, and the geographical limitations which service must be made. Where the service cannot be possible, the action may have to be brought into a different court. Prof. Charles : What may the.

1. this is the scenaro this is a discussion not a paper
HSA515 Week 4 Scenario Script:
Health Care Policy, Law, and Ethics -
Civil Procedures, Practices and Corporate Structure
Slide #
Scene/Interaction
Narration
Slide 1
Scene 1: Exterior Strayer University Building/Classroom
Slide 2
Scene 2
Professor Charles enters classroom and introduces the topics for
today’s lesson and begins the lecture.
Prof Charles
: Hello everyone….welcome back to class. Today, we are going
to discuss civil procedures, practices, and corporate structure.
Trials, especially jury trials, are vital to fostering the respect of
the public in the civil justice system. Trials do not represent the
failure of the system. This class is important in understanding
the law as it applies to the courtroom. Although many of the
procedures leading up to and followed during a trial will be
discussed, civil procedures and trial practice are governed by
each state’s statutory requirements. Cases on a federal level are
governed by federal statutory requirements.
The pleadings of a case are the written statements of fact and
law filed with a court by the parties to a lawsuit. The
complaint
is the first pleading in a lawsuit that is filed by the plaintiff. A
demurrer

2. is a pleading filed by a defendant challenging the legal
sufficiency of a complaint. An
answer
to a complaint is a pleading, which admits or denies the
specific allegations set forth in the complaint and constitutes a
general appearance by a defendant. A
bill of particulars
is a request for a written itemization of the claims, which a
defendant can demand from the plaintiff to determine what the
details of a claim are. A defendant may also file a cross-
compliant and bring other parties into a law suit by the process.
Let’s first discuss the summons and complaint. Who can tell us
what a summons and a complaint are?
Casey:
A summon is a service of process on a defendant and a return to
the court of that process by the person who served it. In other
words, it is when an issue has been called in the courts to come
back together. And, Wow, a complaint
is any formal legal document that is issued by the plantiff to
hopefully supports a claim against someone or a group.
Donald
: A first pleading filed with the court in a negligence action is
the complaint. The complaint identifies the parties to a suit,
states a cause of action, and includes a demand for damages.
The complaint is filed by the plaintiff and is the first statement
of a case by the plaintiff against the defendant.
Prof. Charles
: Absolutely… What specific formalities must be observed in
the service of a summons for proper jurisdiction?
Casey
: The formalities dictate the manner in which a summons is to

3. be delivered, the period within which service must be effected,
and the geographical limitations which service must be made.
Where the service cannot be possible, the action may have to be
brought into a different court.
Prof. Charles
: What may the defendant do to defeat the plaintiff’s complaint
initially?
Donald:
In the preliminary motions, the defendant may cite possible
errors that would defeat the plaintiff’s case stating the summons
was served improperly, that the action was brought in the wrong
jurisdiction, or that there was something technically incorrect in
the complaint.
Prof. Charles
: Great job Donald!
Now let’s take a closer look at how the defendant may file a
counterclaim
.
Slide 3
Check Your Understanding
Which of the following is a demurrer?
A. Pleading of facts.
B. Formal objection by defendant to a lawsuit.
C. A bill of particulars.
Correct Feedback:
B. A demurrer is a formal objection by one of the defendant to a
lawsuit that the evidence presented by the plaintiff is
insufficient to sustain the case.
Slide 4
Scene 3

4. Prof. Charles
:
Discovery
is the process of investigating the facts of a case before trial.
The objective of discovery
to obtain information and facts and gather evidence about the
case in preparation for trial. It is the principal fact-finding
method in the litigation process.
Discovery rules were developed to prevent trial by ambush. To
deny a party the right to know all witnesses to be called to
testify before trial is an insult to this principle. A deposition is
a discovery technique used by parties to learn more regarding
the nature and substance of each other’s case.
Confidential communications made by a client and an attorney
to one another are protected by attorney-client privilege.
Who can tell the class what the three elements required to
successfully assert attorney-client privilege?
Donald
: Professor Charles, the first element is both parties must agree
that the attorney-client relationship does or will exist. The
second is the client must seek advice from the attorney; and
third, communications between the attorney and client must be
identified to be confidential.
Prof. Charles
: Impressive
!
Now, let’s discuss the role of the expert witness
.
The

5. expert witness
is one who is accepted by the court as having the training,
skills, experience, and education to inform the jury and court on
knowledge outside the experience of the average jury and court.
Casey
: Just to be clear, is the expert qualified based on his/her
training, skills, education, and experience in the technical
issues or special knowledge areas concerning the facts of the
case?
Prof. Charles
: Yes and
the expert witness’
qualifications to be an expert are explained to the court. When
two experts in a trial disagree, the jury will decide which one to
believe. The jury determines the facts in a case and makes a
determination of the particular standards of conduct required in
all cases in which the judgment of reasonable people might
differ.
Now, let's turn to the responsibilities of the healthcare
corporation as well as legal risks. Most healthcare organizations
operate as corporations, although some are sole proprietorships
or partnerships. Generally, the authority of a corporation is
expressed in the law under which the corporation is chartered
and in the articles of incorporation. The existence of this
authority creates certain duties and liabilities for governing
boards of trustees or directors and their individual members.
Casey
: So, the hospital Board has a responsibility to provide a safe
environment for the patient?
Prof. Charles
: Yes.

6. The corporate negligence doctrine
imposes on hospitals an implied duty to patients to select
competent physicians, who, even though they are independent
practitioners, would be providing
hospital care to their patients though staff privileges.
The hospital assumes the duty of supervising the competence of
its physicians. The hospital which does not supervise its
physicians to prevent patient harm or injury is liable for
corporate negligence. Ideally, the corporate body conducts its
business and physician supervision through a variety of
committees. Some of these committees are the Executive
Committee, the Finance Committee, the Joint Conference
Committee, and the Planning Committee.
Slide 5
Check Your Understanding
One of the ways of restoring trust in the physician, the hospital,
and the insurer is to ____________.
A. Inform patients of their rights and responsibilities.
B. Conduct yourself in a pleasant manner.
C. Offer professional discounts.
D.
Provide reviews and rating of the facility and staff.
Correct Feedback:
Inform patients of their rights and responsibilities are one of the
ways of restoring trust in the physician, the hospital, and the
insurer.
Slide 6
Check Your Understanding
The benchmark case in the healthcare field that has had a major

7. impact on the liability of healthcare organizations,
Darling v. Charleston Community Memorial Hospital,
enunciated the doctrine of ______________.
Respondeat superior.
Corporate scrutiny
Corporate negligence
Correct Answer:
C. The benchmark case in the healthcare field that has had a
major impact on the liability of healthcare organizations,
Darling v. Charleston Community Memorial Hospital,
enunciated the doctrine of Corporate negligence.
Slide 7
Scene 4
Discussion of Governing Body Responsibilities
Prof. Charles
: Now let’s continue our discussion of the duties ascribed to the
individual members of the governing body.
Can anyone give some examples of the governing body’s duty to
act responsibly?
Casey
:
I think I can name a few.
The governing body is responsible for selecting the hospital
CEO to act as their agent in the management of the hospital.
The governing body is responsible for obeying all state, local,
and federal laws, and compliance with accreditation standards

8. of accrediting bodies.
Prof. Charles
:
Very good, Casey!
Those are all great examples.
Donald:
Prof. Charles…what about conflicts of interest involving board
members?
Prof. Charles
: Donald, that is a great question…. a conflict of interest
involves those situations in which a person has an opportunity
to promote self-interests that could have a detrimental effect on
an organization with which he or she has a special relationship,
for example an employee or board member. The potential for
conflict of interest exists for individuals at all levels within an
organization. Each board member must submit in writing all
possible or actual conflicts of interest. Membership on the
governing body of a public organization must not be for private
gain.
Casey:
So, is it safe to say conflict of interest is presumed to exist
when a board member or a firm with which he or she is
associated with may benefit or lose from the passage of a
proposed action?
Prof. Charles
: Yes, Casey.
I believe that is a pretty good distinction.

9. Donald
: I think that the discussion on governing body responsibilities
has really clarified some questions for me. I would still like to
know a little more about how health care boards should
structure financial arrangements to avoid liabilities with the
federal government.
Prof. Charles:
Well, that is a great lead-in to the next topic, which is
Safe-Harbor Regulations
.
Slide 8
Scene 5
Discussion on increase in assets and decrease in liabilities.
Prof.
Charles:
Healthcare service organizations must comply with
Safe Harbor Regulations
to avoid or be exempt from prosecution by the Federal Trade
Commission and the Department of Justice, which is commonly
called
(DOJ).
The federal law became effective on July 9, 1991.
The law forbids health providers to be obligated to refer
business to business ventures or to have an investment tied to
business referrals. Illegal remunerations or
kickbacks
are a felony under the law. Safe Harbor regulations are
published by the DOJ and violations can result in civil or
criminal sanctions, as well as exclusion from Medicare and
Medicaid programs.
Who can give an example of a Safe Harbor regulation?

10. Donald:
The Safe Harbor prohibits a hospital to pay an employee, who
has no real genuine employment relationship with the hospital,
for providing non-covered items or services.
Prof. Charles
: Exactly… A health plan can offer price reductions to a
hospital as long as both comply with all of the applicable
standards.
Legal counsel and the Chief Compliance Officer
must be involved in all matters affecting Safe Harbor
regulations.
Casey
: Professor, in our discussion, you have provided us with a
significant amount of information about corporate
responsibility.
Since we are on this subject, I would like for you to talk about
board responsibility and antitrust safety.
Prof. Charles:
The DOJ and the Federal Trade Commission
have issued policy statements designed to educate and instruct
healthcare board members on issues surrounding mergers and
joint ventures. These statements outline the analysis the federal
agencies will use to review conduct that falls outside antitrust
safety zones. The issues pertaining to these antitrust safety
zones have to do with mergers and joint ventures, hospital
participation in exchange of price and cost information,
physician network joint ventures, joint purchasing arrangements
among healthcare providers, and hospital joint ventures

11. involving high-technology or other expensive medical
equipment.
Federal agencies are available to review potential conduct that
falls outside antitrust safety zones and advise health providers
on possible violations.
Donald:
So, the federal agencies are available to help health providers
avoid possible violations?
Prof. Charles
: Yes, Donald, the federal agencies have a timetable to respond
to health provider’s requests for advice on prohibited
remuneration and safe-harbor statutory schemes.
Slide 9
Scene 6
Summary
Prof Charles
: We are just about near the end of the day.
Let’s go over what we learned in this lesson.
Today, our discussion focused on the civil procedure, trial
practice, and corporate structure. We learned about the various
procedures leading up to and following a trial and the role of
state and federal governments.
We also reviewed the role of the governing body in overseeing
and controlling the corporation’s activities. There was further
discussion of the role of the health service organization’s
responsibility for providing a safe patient environment.
Antitrust laws and standards were addressed declaring patients

12. have free choice of goods and services so that health providers
can protect themselves from anti-competitive activities and
antitrust claims.
Before we adjourn, are there any questions?
Donald
: I have no questions; I think that the information was clearly
presented, Professor.
Casey
: No questions for me.
I enjoyed today’s lesson and I look forward to next week.
Professor Charles
: That’s good to hear.
Enjoy your day and I will see you next time. Please take the
time to complete the threaded discussions for this week.