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health care law

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Health Care Law
Student’s Name
Institution

TO: Supervisor
FROM: Assistant Administrator
DATE:
SUBJECT: Issues in Revenue Sources
My hospital is facing the following issues with regard to financial sources:
Revenue is important in facilitating the efficient operation of health care services in a hospital. In the 1970s, a Non-profit-hospital in Omaha Nebraska Circa faced different challenges in obtaining revenue. For instance, the hospital experienced competing high-priority ventures that pressurized it to collect more revenue from the government and donors to cope with speculated reforms. The hospital lacked skilled human resources in different departments; this resulted in the formulation of substandard projects that could not attract donors and other funding organizations (Herman, 2016). Additionally, the hospital personnel lacked collaborative spirit that resulted in biased decisions and poor communication thus, requesting for revenue was problematic as management had varying views and interests.
Herman et al., (2016) continues to argue that significant market fluctuations affect the amount of revenue collected in hospital facilities; this occurs when the number of patients that registered with affordable care Act and other healthcare insurance plans keeps changing. The fluctuations result in employers pushing healthcare expenses to employees. Therefore, the hospitals are forced to provide treatment and care for uninsured patients.
Traditionally, the hospital Omaha Nebraska Circa got its revenue from insurance companies that were organized in the following way: the employees/ clients were supposed to pay a deductible fee before the insurance companies commenced making payments (Patrick, 2015).

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Currently, the system has changed such that the health insurance companies no longer require patients to pay a deductible remuneration. Instead, periodical premiums are used to cater for the entire treatment.
Traditionally, patients and the hospital contacted the revenue organizations manually; this wasted a lot of time. Viable projects that could save lives were wasted during negotiation time for approval of projects (Patrick, 2015). However, in the current situation, the hospital contacts the insurance companies and other funding organizations through online platforms. The response takes a short time and they are able to obtain financial Aid for saving lives.
The Non-profit-hospital is exempted from taxation based on the established policies; however, if it does not have the legal documentation to prove the exemption, the company may face severe penalties. For instance, the hospital will not be allowed to receive donations or charitable contributions.
2.
TO: Senior Management
FROM: Risk Management Manager
DATE:
SUBJECT: Legal Risks
The publicly owned healthcare facility in Augusta Georgia is exposed to different legal risks that include the following:
Primary Concerns
Data breaches and HIPAA has increased in public hospitals; this involves the illegal data trading between networks. Breaching of data results in exposure of confidential patient information; however, it is facilitated by the theft of personal devices such as smartphones and laptops.
False claims by the hospital are deemed punishable in the court of law; in this regard, the legal system is bound to prosecute individuals in the health sector that support the submission of flatulent claims in hospitals. For instance, the facility may write inaccurate prescription or treatment procedure for a patient just to gain more from the Medicare and Medicaid programs. This kind of act may be a collaboration between the patient and the hospital or an independent act by the physician. In the case of accidental overpayments, the government has authorized individuals and hospitals to rectify the error within 60 days (Leigh & Rachel, 2011).
There is an increase in recovery audit firms or contractors; these audit companies work closely with public hospitals to help to eliminate errors and prevent the government from realizing embezzled funds. However, the financial managers of the hospital are entirely responsible for hiring the recovery audit team to clear errors in Medicare payments. If recovery audit issues are realized in a hospital, the management should report to the court of law with a fee of $ 2, 000- $7, 000 (Leigh et al., 2011). If the hospital is found guilty, an interest of 12% of the total funds embezzled is paid by the responsible individual or the health care facility.
Issues
The government has established a legal provision that is aimed at ensuring the hospitals are accountable for the services they offer to patients. In this legal Act, the hospitals are not supposed to disclose the pricing strategy of their services to competitors; this is to prevent pricing competition. However, the government is utilizing the law to ensure the hospitals collaborate in providing affordable treatment and care for patients.
Anti-Kickback Issue; these are issues in the facility that arise from biased systems where physicians are paid to serve certain patients; this issue is common when the hospital contracts external physicians that do not collaborate with the internal healthcare staff (Leigh et al., 2011). The government is trying to prevent the matter by establishing the Anti-kickback law that regulates the activities of physicians to ensure they serve people according to the professional ethics.
Labor Issues are increasing in the public hospitals; in this regard, there have been complaining that older employees are being replaced by younger individuals, especially surgeons. Additionally, physicians with disabilities are being replaced in the facilities (Leigh et al., 2011). The untimely replacements have, however, made the government formulate a comprehensive labor law to prevent the management from exercising its authority unethically. The government is currently emphasizing the recruitment of disabled physicians in hospitals as a way of reducing the dependency ratio and encouraging the young generation to study medicine careers.
Strategies
The concerns and issues in the healthcare facility impact the normal operation of the hospital. However, through the following strategies, the facility will run smoothly:
The busy lobby is a source of disturbance for patients in the hospital; in this regard, the management should take responsibility of informing the owners through the legal system to relocate the lobby. This is in regard to the healthcare ethics that recommend patients rest in a noise free environment.
The facility should identify the importance of teamwork and in this regard ensure the collaboration between contracted and internal physicians. The hospital should give equal priorities to the contracted and internal physicians through assigning them equivalent tasks to their salaries and wages. Additionally, they should work together in certain treatments such as critical surgeries.
The ambulance services should be closer to the hospital facility rather than being managed by the county. The current situation provides that the management should seek permission from the county officers before using the ambulance services; this delays emergency patients from being admitted and treated in the hospital. The management should in this regard ask for permission to own and manage its own ambulance services for quicker response.
The board of trustees appointed by the county to govern the facility should be concerned with the communication system between physicians, nurses and other employees in the hospital. They should provide feedback regarding situations that arise in the facility and take responsibility in decision making that is crucial in patient care and treatment. Additionally, effective communication will reduce labor issues.
The management team should ensure the audit contractors in the hospital are certified and they do not have an interest in the hospital resources. This is to ensure corrupt and unprofessional workers in the facility are identified.

3. Lesson Plan
Name of Institution: Columbus Ohio 2014
Name of Course: History
Name of Instructor:
Date:
Essential Question: What is the relationship between Anglo-American law and healthcare?
Instructional Objective: the students should be able to explain the relationship between the Anglo-American law and healthcare.
Lesson Activities
Materials Handout on Anglo-American
Pen
Writing material
Teacher Activities Student Activities Time
Introduction: teacher familiarizes the Anglo-American law through stating that it was developed to replace the loyal courts in the 17th century. It comprised of solved cases on different issues in the society. Also, it outlined the human rights and distinguished the federal and state systems (Langbein, Lerner & Smith, 2009).
Body: the teacher explains that: The law is applicable to healthcare in the following way:
The administrative government regulates drug manufacture, distribution, and usage in the U.S.
The drug administration agency monitors the services offered by the Medicaid and Medicare organizations.
The law explains sample cases involving health care and their solutions. For instance, the abortion issue of 1973.
The law regulates the professional ethics of healthcare providers.
Closure: the teacher explains that:
The Anglo-American law is commonly applied in solving ethical dilemmas during treatment.
The teacher provides an assignment for the students to read further on the topic.
Students listen carefully
Student listens keenly
take a summary of the points discussed
Ask questions for clarity
Note the lesson assignment 2.5 Minutes
10 Minutes
2.5 Minutes

Assessment and Evaluation: the students were able to explain the relationship between Anglo-American law and healthcare.

References
Herman B. (2016).5 Major Issues for Hospital Revenue Cycle Teams. Hospital CFO. Retrieved on 12/7/2016, from http://www.beckershospitalreview.com/finance/5-major-issues-for-hospital-revenue-cycle-teams.html
Langbein, J. H., Lerner, R. L., & Smith, B. P. (2009). History of the common law: The development of Anglo-American legal institutions.
https://www.ache.org/pubs/ShowalterCh1.pdf
Leigh P. & Rachel F. (2011). 13 Legal Issues for Hospitals and Health Systems. Hospital Review. Retrieved on 12/7/2016, from http://www.beckershospitalreview.com/hospital-management-administration/13-legal-issues-for-hospitals-and-health-systems.html
Patrick M. (2015).Must-know distribution channels for commercial health plans. Market Realist. Retrieved on 12/7/2016, from http://marketrealist.com/2015/02/must-know-distribution-channels-commercial-health-plans/

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