Legal Aspects of Health Care Administration

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HCAD 650: Legal Aspects of Health Care Administration Discussion 10 RQuestions –

Instructions: Please answer using your own words in a minimum of 300, maximum 450 words (2.5-3 paragraphs). PER QUESTION 3 in total. Referenced with three (3) peer-reviewed journal articles or qualified text publish within the past five years and follow APA Manual 6th or 7th editions scholarly writing guidelines PER QUESTION. APA in-text Citation formatting is required. When writing replies, please provide your experiences, new ideas, add probing questions to engage readers and new literature on the topic to enhance the learning opportunity.

Questions 1. Biomedical and End of Life Law and Ethics

Part 1: Critical Analysis of the Law

Address (Answer) ALL questions in part 1 in a minimum of 300, maximum 450 words

  1. What is stem cell research? Why is it highly controversial? What do opponents say about it? What do supporters say?
  2. How did President Bush impact the law? How did President Obama impact the law? What course of action did the Supreme Court take? Lastly, what is the law today? If you are comfortable, share your opinion about the laws in this regard.

Part 2: Strategic Application of the Law

Address (Answer) ALL questions in part 2 in a minimum of 300, maximum 450 words

Advanced Directives

Your neighbor knocks on your door. Knowing that you are a student in a healthcare administration program, she asks you to explain advanced directives. She explains that she is assisting her elderly father, and she has many questions:

  1. What is a living will? What is a POLST order? What is a health care durable power of attorney (also known as a health care proxy)? How are they created?
  2. How are treatment decisions made for incapacitated patients who do not have health care proxies or living wills?
  3. What options are available to resolve a disagreement between family members, family and a patient, or between family, the patient and caregivers?

Question 2: Informed Consent

Address (Answer) ALL questions in a minimum of 300, maximum 450 words

Read this court case very carefully: Bertha Siliezar v. East Jefferson General Hospital and Dr. Joseph Tamimie. No. 04-CA-939. Decided: January 11, 2005. (See: http://caselaw.findlaw.com/la-court-of-appeal/1094597.html).

  1. What do you think about the court ruling regarding the adequacy of verbal consent prior to surgery?
  2. Do you think that the clinicians, in this case, acted reasonably? Ethically?
  3. Discuss several options you could take if a patient refuses to consent to a medical needed procedure?
  4. Explain what you would need to do to comply with Limited English Proficiency (LEP) guidelines in obtaining informed consent.
  5. Discuss the pros and cons of using a family member as an interpreter for an LEP patient.

Question 3 Public Health

Address (Answer) ALL questions in a minimum of 300, maximum 450 words

  1. Discuss the role of the CDC in infectious disease reporting including the NNDSS. Has this reporting process been effective? Why or why not?
  2. Evaluate a state action in regards to COVID-19 and discuss whether it has been effective in stopping the spread of the virus. Give reasons to support your conclusion.
  3. Discuss the pros and cons of the OSHA injury and illness reporting system. What are the pros and cons of the system? Give examples of injuries that would need to be reported immediately and annually.
  4. You have been asked to set up a system for child and elder abuse reporting for your state. Explain the components of an effective system that complies with state and federal laws.

Requirements: a minimum of 300, maximum 450 words (2.5-3 paragraphs). PER QUESTION 3 in total.

Answer preview

A living will is a legal document where people explain how they would like to receive medical care if their health conditions worsen to a point where they cannot make decisions. POLST order is a plan prepared by the physician that explains how the physician should accomplish end-of-life care based on the patient’s preferences and physician’s clinical judgment. The health care proxy is a document where someone declares the person who can make medical decisions on their behalf if they get sick and unable to make decisions. These documents are created by the owner while following the state’s laws. Therefore, one must consult a lawyer before creating these documents. For example, in Colorado, witnesses are required when preparing a living will (Findlaw, 2018).

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Legal Aspects of Health Care Administration