This document discusses organizational ethics and law. It covers corporate structure, codes of ethics, misconduct, negligence, duties and responsibilities. Organizations have express, implied and ultra vires authority defined by law. Codes of ethics provide guidelines to build trust and guide decisions. Corporate negligence and respondeat superior can result in organizational liability. Duties include staff competency, resources, and patient safety. Effective communication is key to building trust within an organization.
This talk covers ethical dilemmas in Neurology/Neurosurgery clinical practice, and the practical ways of dealing with those ethical dilemmas. There are guidelines available for these dilemmas. Following them would help in our clinical practice.
This talk covers ethical dilemmas in Neurology/Neurosurgery clinical practice, and the practical ways of dealing with those ethical dilemmas. There are guidelines available for these dilemmas. Following them would help in our clinical practice.
Chapter 8Organizational Ethics And The LawThere are lots of JinElias52
Chapter 8
Organizational Ethics And The Law
There are lots of important concepts in this chapter, be sure to read it and take notes, as some are sure to be on the final exam.
Learning Objectives
Describe corporate structure.
Describe a code of ethics for organizations.
Discuss organizational misconduct.
Explain respondeat superior and corporate negligence.
Describe corporate duties and responsibilities.
Describe strategies to restore organizational trust.
Corporate Authority
Healthcare organizations are incorporated under state law.
Governing body.
Duties and responsibilities:
Described in a corporation’s articles of incorporation.
Day-to-day operations are delegated to the CEO.
Fiduciary Responsibility
Express corporate authority
Delegated by statute
Implied corporate authority
Corporate powers not specifically granted in articles of incorporation
Ultra vires acts
Acting beyond scope of authority
Corporate Ethics
Promote responsible behavior
Mission, vision, and values
Build trust
Increase awareness of ethical issues
Provide staff
Code of ethics
Training and education
Commitment by organization’s leadership
Corporate Compliance Program (1 of 2)
Appoint compliance officer.
Develop standards of conduct.
Assign duties, authority, and responsibility.
Communication and education.
Implement monitoring and auditing systems.
Corporate Compliance Program (2 of 2)
Consistency in enforcement of policies and procedures.
Reasonable steps in response to offenses.
Annual audit of compliance program.
Integrity and effectiveness.
Maintain management trust on all levels.
Unprofessional Conduct
Trust and integrity lacking
False advertisements
Concealing mistakes
Surgical procedure cover-up
Appearance may not be reality
Truthfulness in Advertising
Hospitals advertise their quality by how well a third party evaluates them.
Often a brief and cursory 3- to 5-day visit
Scores as high as 100 were often posted on billboards and/or in local newspapers.
One young lady told me, “This hospital [in a small rural town] scored 100. they have the nerve to publish this. They killed my mom. I wouldn’t take my dog there.”
Corporate Negligence
Occurs when a corporation fails to perform duties and responsibilities it owes directly patients, visitors, and staff.
If a duty is breached and a patient is injured as a result of that breach, the corporation can be liable for a patient’s injuries under the theory of corporate negligence.
Benchmark Darling Case
In Darling v. Charleston Community Memorial Hospital, the court enunciated a “corporate negligence doctrine” under which hospitals have a duty, for example, to provide adequately trained medical and nursing staff.
Respondeat Superior
Legal doctrine holding employers liable for wrongful acts of their employees.
Doctrine also referred to as vicarious liability.
For liability to be imputed to the employer:
A master–servant relationship must exist between the employer and the employee. ...
HR Insights, Harassment & Bullying in the WorkplaceJames Cheetham
Anna Denton-Jones' slides from HR Insights, 5th March.
Covering the topic of 'The practicalities of dealing with allegations of [bullying and] harassment.'
Some of the most commonly occurring legal issues that impact on nursing and nursing practice are those relating to informed consent and refusing treatment as previously detailed, licensure, the safeguarding of clients' personal possessions and valuables, malpractice, negligence, mandatory reporting relating to gunshot....
Chapter 3Risk Management in EmploymentEmployment Re.docxketurahhazelhurst
Chapter 3:
Risk Management in Employment
Employment Relationship carries Risk
• Risk to an organization is not limited to
provider-patient relationships
• As in any business, the healthcare organization
has responsibilities to its employees. Many of
which, if not properly implemented/enforced,
can lead to negative and litigious results
Employment-at-Will
• An employer may dismiss an employee
hired for an indefinite period of time for
any reason or no reason at all without
incurring liability to the employee
• Caveat: cannot discharge for an unlawful
reason, such as racial discrimination
Implicit Employment Contracts
• Though most states follow the employment-at-
will doctrine, many organizations may
unknowingly negate their ability to apply this
principle through
– Employer policies (i.e. progressive disciplinary policy)
– Oral assurances (i.e. looks like you have a bright
future ahead of you here)
– Industry customs (i.e. after so many years in one
position, employees are promoted to the next level)
– Employer conduct (i.e. allowing some employees
more chances to correct errors than others)
Burden of Proof
• In civil litigation of discrimination, the burden of
proof is usually on the plaintiff -they must show:
• Membership in a protected group
• Satisfactory job performance or appropriate
qualifications for the job being sought
• Receipt of discipline, termination or rejection
despite having the qualifications
• Employees of another protected class were
disciplined less severely or the employer continued
to accept application of people who were no better
qualified
Sexual Harassment
• Unwelcome sexual advances, request for
sexual favors or other verbal or physical
conduct of a sexual nature when it is one of
the following:
• is a condition of employment
• is the basis of employment decisions
• interferes with work performance
• creates a hostile work environment
Minimizing Risk of Sexual Harassment
• Organization must exercise reasonable care to
prevent and correct any sexually harassing
behavior
– Written policies/procedures
– Documented staff training on policies/procedures
– Consistently adhere to and enforce policies
– Immediately investigate allegations of sexual
harassment
Responsibility of the Employee
• Employee must report occurrences of sexual
harassment to employer
– Employer must be given the opportunity to investigate
and take corrective action
• Though it is important that an employer investigate
all reports of sexual harassment, proactively
addressing situations or behavior that may be
perceived as sexual harassment is imperative.
– If management is aware of a potential situation and does
nothing, the risk of litigation and penalty is increased
People with HIV or AIDS
are protected by the ADA
Persons with HIV disease, both
symptomatic and asymptomatic, have
physical impairments that substantially
limit one or more major li ...
Chapter 8Organizational Ethics And The LawThere are lots of JinElias52
Chapter 8
Organizational Ethics And The Law
There are lots of important concepts in this chapter, be sure to read it and take notes, as some are sure to be on the final exam.
Learning Objectives
Describe corporate structure.
Describe a code of ethics for organizations.
Discuss organizational misconduct.
Explain respondeat superior and corporate negligence.
Describe corporate duties and responsibilities.
Describe strategies to restore organizational trust.
Corporate Authority
Healthcare organizations are incorporated under state law.
Governing body.
Duties and responsibilities:
Described in a corporation’s articles of incorporation.
Day-to-day operations are delegated to the CEO.
Fiduciary Responsibility
Express corporate authority
Delegated by statute
Implied corporate authority
Corporate powers not specifically granted in articles of incorporation
Ultra vires acts
Acting beyond scope of authority
Corporate Ethics
Promote responsible behavior
Mission, vision, and values
Build trust
Increase awareness of ethical issues
Provide staff
Code of ethics
Training and education
Commitment by organization’s leadership
Corporate Compliance Program (1 of 2)
Appoint compliance officer.
Develop standards of conduct.
Assign duties, authority, and responsibility.
Communication and education.
Implement monitoring and auditing systems.
Corporate Compliance Program (2 of 2)
Consistency in enforcement of policies and procedures.
Reasonable steps in response to offenses.
Annual audit of compliance program.
Integrity and effectiveness.
Maintain management trust on all levels.
Unprofessional Conduct
Trust and integrity lacking
False advertisements
Concealing mistakes
Surgical procedure cover-up
Appearance may not be reality
Truthfulness in Advertising
Hospitals advertise their quality by how well a third party evaluates them.
Often a brief and cursory 3- to 5-day visit
Scores as high as 100 were often posted on billboards and/or in local newspapers.
One young lady told me, “This hospital [in a small rural town] scored 100. they have the nerve to publish this. They killed my mom. I wouldn’t take my dog there.”
Corporate Negligence
Occurs when a corporation fails to perform duties and responsibilities it owes directly patients, visitors, and staff.
If a duty is breached and a patient is injured as a result of that breach, the corporation can be liable for a patient’s injuries under the theory of corporate negligence.
Benchmark Darling Case
In Darling v. Charleston Community Memorial Hospital, the court enunciated a “corporate negligence doctrine” under which hospitals have a duty, for example, to provide adequately trained medical and nursing staff.
Respondeat Superior
Legal doctrine holding employers liable for wrongful acts of their employees.
Doctrine also referred to as vicarious liability.
For liability to be imputed to the employer:
A master–servant relationship must exist between the employer and the employee. ...
HR Insights, Harassment & Bullying in the WorkplaceJames Cheetham
Anna Denton-Jones' slides from HR Insights, 5th March.
Covering the topic of 'The practicalities of dealing with allegations of [bullying and] harassment.'
Some of the most commonly occurring legal issues that impact on nursing and nursing practice are those relating to informed consent and refusing treatment as previously detailed, licensure, the safeguarding of clients' personal possessions and valuables, malpractice, negligence, mandatory reporting relating to gunshot....
Chapter 3Risk Management in EmploymentEmployment Re.docxketurahhazelhurst
Chapter 3:
Risk Management in Employment
Employment Relationship carries Risk
• Risk to an organization is not limited to
provider-patient relationships
• As in any business, the healthcare organization
has responsibilities to its employees. Many of
which, if not properly implemented/enforced,
can lead to negative and litigious results
Employment-at-Will
• An employer may dismiss an employee
hired for an indefinite period of time for
any reason or no reason at all without
incurring liability to the employee
• Caveat: cannot discharge for an unlawful
reason, such as racial discrimination
Implicit Employment Contracts
• Though most states follow the employment-at-
will doctrine, many organizations may
unknowingly negate their ability to apply this
principle through
– Employer policies (i.e. progressive disciplinary policy)
– Oral assurances (i.e. looks like you have a bright
future ahead of you here)
– Industry customs (i.e. after so many years in one
position, employees are promoted to the next level)
– Employer conduct (i.e. allowing some employees
more chances to correct errors than others)
Burden of Proof
• In civil litigation of discrimination, the burden of
proof is usually on the plaintiff -they must show:
• Membership in a protected group
• Satisfactory job performance or appropriate
qualifications for the job being sought
• Receipt of discipline, termination or rejection
despite having the qualifications
• Employees of another protected class were
disciplined less severely or the employer continued
to accept application of people who were no better
qualified
Sexual Harassment
• Unwelcome sexual advances, request for
sexual favors or other verbal or physical
conduct of a sexual nature when it is one of
the following:
• is a condition of employment
• is the basis of employment decisions
• interferes with work performance
• creates a hostile work environment
Minimizing Risk of Sexual Harassment
• Organization must exercise reasonable care to
prevent and correct any sexually harassing
behavior
– Written policies/procedures
– Documented staff training on policies/procedures
– Consistently adhere to and enforce policies
– Immediately investigate allegations of sexual
harassment
Responsibility of the Employee
• Employee must report occurrences of sexual
harassment to employer
– Employer must be given the opportunity to investigate
and take corrective action
• Though it is important that an employer investigate
all reports of sexual harassment, proactively
addressing situations or behavior that may be
perceived as sexual harassment is imperative.
– If management is aware of a potential situation and does
nothing, the risk of litigation and penalty is increased
People with HIV or AIDS
are protected by the ADA
Persons with HIV disease, both
symptomatic and asymptomatic, have
physical impairments that substantially
limit one or more major li ...
Lesson Learned the Hard Way - Inmate # 11315Frank Margulis
Inattention to detail and other mistakes cost me my business and my freedom. Sentenced to a Federal Prison Camp in 2005, I mulled over the circumstances that lead to my downfall. You will be surprised to learn that many of the mistakes I made are embedded in the average medical practice. Additionally, the legal arena does not operate the way you think it does. You are at risk. Learn three principles which, if applied, will reduce your risk of legal problems. With the increase in Recovery Audit Contractor (RAC) audits and Zone Program Integrity Contractor (ZPIC) audits, you need to know: “Are you ready?”
Millions Involved in False Claims Act Cases: Medical Fraud and Recent Court D...Conference Panel
Join our advanced webinar to gain a comprehensive understanding of federal false claims act laws, and learn how to avoid liability and maintain defensible record-keeping in the context of medical waste, fraud, and abuse cases involving millions of dollars.
This webinar provides an in-depth overview of the two types of prosecutions for alleged false claims, and explores the real-world outcomes of federal cases, including landmark rulings from the United States Supreme Court that have changed the landscape of false claims act cases.
Through an analysis of federal court cases, attendees will gain insights into the potential risks and consequences of non-compliance, and learn practical tips and techniques to mitigate risk and ensure compliance with federal false claims act laws. Don't miss this opportunity to stay ahead of the curve in this complex and constantly evolving area of the law.
Register, https://conferencepanel.com/conference/false-claims-act-cases-involving-millions-in-medical-fraud-what-you-need-to-know-about-recent-court-decisions
Module 3 Code of Ethics (Professional Ethics)Nancy Girdhar
Principle of Ethics
Compliance based and values based code of ethics
Professional obligation
Role of regulatory authority
Respect for Privacy
Confidentiality
Inform Consent and debriefing
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
for beginners, providing thorough training in areas such as SEO, digital communication marketing, and PPC training in Noida. After finishing the program, students receive the certifications recognised by top different universitie, setting a strong foundation for a successful career in digital marketing.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
2. Learning Objectives
• Describe corporate structure.
• Describe a code of ethics for organizations.
• Discuss organizational misconduct.
• Explain respondeat superior and corporate
negligence.
• Describe corporate duties and responsibilities.
• Describe strategies to restore organizational
trust.
3. Learning Objectives
• Explain doctrine of respondent superior & the
concept of corporate negligence.
• Describe corporate duties, responsibilities, &
ethical & legal risks of organizations.
• Describe various strategies restore
organizational trust.
4. Corporate Authority
• Described under the laws in which a corporation
is chartered.
• Described in a corporation’s articles of
incorporation.
5. Kinds of Authority
• Express Corporate Authority
– delegated by statute
• Implied Corporate Authority
– corporate powers not specifically granted in
articles of incorporation
• Ultra Vires Acts
– acting beyond its scope of authority
6. Organizational Code of Ethics
• Organizational Ethics Codes
– provide guidelines for behavior that help carry out an
organization’s mission, vision, and values.
– help to build trust
– increase awareness of ethical issues, guide decision-
making
– encourage staff to seek advice and report misconduct
when appropriate.
7. Unprofessional Conduct
• Trust and integrity lacking
– Health care fraud schemes
• False advertisements
– Unintentional misleading advertisements
– Bait and switch
• Concealing Mistakes
– Surgical procedure cover-up
• Removal of wrong kidney
– Appearance may not be reality
8. Truthfulness in Advertising – I
• Hospitals advertise their quality by how well a 3rd
party evaluates them
– often by a brief & cursory 3 to 5 day visit
• Billboards even appeared in the recent past that
they scored “100”
• One young lady told me, “This hospital (in a
small rural town) scored 100. they have the
nerve to publish this. They killed my mom. I
wouldn’t take my dog there.”
9. Truthfulness in Advertising – II
• One young lady told me, “This hospital (in a
small rural town) scored 100. they have the
nerve to publish this. They killed my mom. I
wouldn’t take my dog there.”
10. Hospitals & Corporate Negligence
Corporate negligence occurs when a corporation
fails to perform those duties it owes directly to a
patient or to anyone else to whom a duty may
extend. If such a duty is breached and a patient
is injured as a result of that breach, the
corporation (e.g., hospital) can be liable for a
patient’s injuries under the theory of corporate
negligence.
11. Benchmark Darling Case
The court in this case enunciated a “corporate
negligence doctrine” under which hospitals have
a duty, for example, to provide adequately
trained medical & nursing staff.
Darling v. Charleston Community Memorial Hospital
12. Respondeat Superior
• A legal doctrine holding employers liable for
wrongful acts of their employees.
• Doctrine also referred to as vicarious liability.
• For liability to be imputed to the employer:
– A master–servant relationship must exist between the
employer and the employee
– Wrongful act of the employee must have occurred
within the scope of his or her employment.
13. Independent Contractor
• Independent contractor responsible for his or her
own negligent acts.
• Relationship established when principal has no
right of control over manner in which agent’s
work is to be performed.
14. Corporate Duties & Responsibility – I
• Appointment of CEO
– CEO challenges & responsibilities
– CEO Code of Ethics
• Maintain Moral Integrity
• Screen Job Applicants
– False Statements
15. Corporate Duties & Responsibility – II
• Credentialing, Appointments, & Privileging
– Ensure competency
• False statements
• Masquerading as a physician
• Discipline of Physicians
– Physicians reluctant to discipline physicians
– Physician privileges suspended
16. Don’t Let Hospitals Make You Sick
The problem is not that we have an epidemic of
negligent doctors. Rather, it’s that the health-care
system has grown so complicated that there is a
greater chance than ever of things falling through
the cracks. . . .
Dr. Ranit Mishori, Parade Magazine 2009
17. Corporate Duties & Responsibility – III
• Provide Adequate Staff
• Provide Adequate Supplies & Equipment
• Allocate Scarce Resources
• Comply with Rules & Regulations
• Comply with Accreditation Standards
• Provide Timely Treatment
18. Corporate Duties & Responsibility – IV
• Avoid Conflicts of Interest
– Situations in which a person has opportunity
to promote self-interests that could have a
detrimental effect on an organization with
which he or she has a special relationship
(e.g., as an employee or board member
19. Corporate Duties & Responsibility – V
• Provide a safe environment
– Preventing surgical errors
– Runaway elevator
– Prevention of Falls
• Protect patients from sexual assault
– Sexual assault in the recovery room
20. Decisions that Collide – I
with Professional Ethics
The principles of autonomy, beneficence, &
justice & ability to practice what is right
according to such principles often collide when
organizations have to, for example, ration scarce
resources. Such rationing may require
managers to cut costs at the expense of quality.
21. Case Study
A Life Needlessly Shortened
• Financial Incentive Schemes
“I am here primarily today to make a public
confession. In the spring of 1987, as a physician, I
denied a man a necessary operation that would
have saved his life and thus caused his death. No
person and no group has held me accountable for
this, because in fact, what I did was I saved a
company a half a million dollars for this.”
Dr. Linda Peeno, Before Congress
22. Failure to Disclose Financial Incentives
HMO failed to disclose financial incentive system
it provided to its physicians to discourage
referrals to specialists.
Discuss the legal & ethical issues.
23. Case Study
Letter of Recommendation
A former employer who knew that an employee
had committed offensive sexual acts gave a
letter of recommendation that vouched for him
without reservation. The employee after being
hired by the new employer injured the student-
plaintiff.
Discuss the legal & ethical issues.
24. Legal Issues – I
• Liability may be imposed if the recommendation
letter amounts to an affirmative
misrepresentation presenting a
(1) foreseeable, &
(2) substantial risk of physical harm to a third
person.
25. Legal Issues – II
• The defendants could foresee that, had they not
recommended the employee, the employer
would not have hired him.
• The defendants could foresee that the employer
would read & rely on the defendant's letters of
recommendation & that the employee after
being hired by the new employer might molest or
injure a student such as the plaintiff.
Randi W. v. Muroc Joint Unified School Dist., 14 Cal.4th 1066, 929
P.2d 582 (1997).
27. Letter of Recommendation
Mr. R’s supervisor had received several reports
alleging misconduct between Mr. R & some of
the female residents in the Lee Allan nursing
home. The supervisor was unable to verify them.
Mr. R applied for a supervisory position with
Parke County Nursing Home. Parke County was
sent a pre-printed reference form from Lee
Allan. The form indicated Mr. R was eligible for
re-hire. The form reflected that Mr. R performed
his job adequately.
28. Letter of Recommendation
The Parke County hired Mr. R in part on the
basis of a favorable recommendation from Lee
Alan. The claim here is that Mr. R assaulted a
patient at Parke County. The plaintiff asserts that
the former employer, Lee Allan, wrongly gave a
favorable recommendation & thus should be
liable for the injury.
29. Legal Issues – I
• Summary judgment was granted in favor of Lee
Alan.
• The facts did not reflect that Lee Alan had any
substantial information indicating that Mr. R had
committed sexual misconduct with residents at
Lee Alan.
30. Legal Issues – II
• Recommendations should not be filled with
rumors & innuendo instead of facts. Without
substantial evidence, employers would subject
themselves to possible defamation litigation.
• Declaring employers liable for negligence in
providing employment references will lead to
employer reluctance to provide information.
Passmore v. Multi-Management Svcs., Inc., 810 N.E.2d 1022 (Ind. 2004).
32. Case Study
Surgical Site Infection
OR staff observe a 10 inch by 2 inch tear in a
surgical table mattress. It is 2:00 PM & the
room has been prepared for Mrs. Smith’s
surgery. A surgical sheet is placed on the
table. The sheet is worn & has several tears
in it. Mrs. Smith is placed on the surgical
table.
[Note: Prior to Mrs. Smith’s surgery, a bowel resection was performed on
the same table.]
Discuss the legal & ethical concerns.
33. Legal Issues
• Legal Issues
– Negligence?
– Consider the hospital’s responsibility
– Torn mattress is a known infection control
concern
• Due to body fluid seepage into the mattress
• Recurrent use of the mattress by various
patient
34. Ethical Issues
• Ethical Issues
– Nonmaleficience (first, do no harm)
– Professional codes of ethics (see next slide)
35. Professional Ethics
• OR staff recognized that the mattress should
have been taken out of service but failed to do
so. It is common knowledge that body fluids that
can seep into a mattress pad & provide a
breeding ground for infections.
• Describe how hospital policy should address this
issue.
36. Case
Defrauding the Government - I
The government filed an indictment against eleven
individuals & four corporations. In the indictment, the
government alleged a health care fraud scheme that
involved several residential care facilities, thousands of
claims. The government alleged that over at least five
years fifteen defendants, in various conspiracies, defrauded
the government by falsely certifying patients as homebound
& submitting false claims to Medicare & Medicaid.
States v. Liveoak, 377 F.3d 859 (C.A. 8, Mo. 2004)
37. Defrauding the Government - II
Joinder of Medicare fraud was proper where the
charges here were linked not only by common
conspiracy members, but also by an overall
scheme in which each conspiracy member
participated to fraudulently charge the
government for health care costs.
39. Effective Communications Builds Trust
• Effective communication spawns trust & a
harmonious organization.
• All the players must work together and
understand the role each plays.
• Better the teamwork – the better the care
– breeds satisfied patients, families, and staff
40. REVIEW QUESTIONS
• Discuss the governing body’s decision-making
authority.
• Explain what an ultra varies act is.
• Describe the important aspects of a code of
ethics for organizations.
• Discuss the various forms of professional
misconduct discussed here.
41. • Describe corporate negligence, respondeat
superior, and independent contractor.
• Describe the duties and responsibilities of health
care organizations & how & failure to adhere
those duties & responsibilities can result in both
legal & ethical issues.
• Discuss how an organization’s decisions can
collide with professional ethics.
• Discuss importance of effective
communications.