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Midterm Exam

Jagruti Doshi

Misericordia University

Prof. Hage

February 18, 2024

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Midterm Exam

Chapter Two

In Chapter Two, we covered the topic of rights and responsibilities in respect to access to

care. One of the legal concepts we discussed was the landmark law of the Affordable Care Act

(ACA). The ACA was passed in 2010 and aimed to make health insurance more available and

affordable in the United States. It required everyone to have insurance or pay a fine, stopped

insurance companies from denying coverage based on preexisting conditions, and made it illegal

to charge higher premiums because of health status (Showalter, 2020, p.52). It also created

places where people could buy insurance and gave financial help to those who needed it. To use

this knowledge in healthcare management, I'll focus on making sure everyone can get the care

they need without struggling to pay for it. That means supporting programs that help people get

insurance, making sure healthcare providers follow the rules, and helping people understand their

options. By doing this, I can help make healthcare fairer and easier to access for everyone.

Chapter Three

One of the most interesting concepts in Chapter Three was "Piercing the corporate veil."

It is a legal concept where the courts hold company owners personally liable for the company's

actions if they've misused the company to commit fraud, avoid legal obligations, or unjustly

harm others (Showalter, 2020, p.112. To ensure this learning integrates into my future healthcare

management practice, I'll prioritize transparency and adherence to corporate formalities within

healthcare organizations I manage. This includes maintaining clear financial separation between

personal and corporate assets, conducting regular board meetings, and keeping meticulous

corporate records. By fostering a culture of integrity and accountability, I'll mitigate the risk of
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legal liability for both the organization and its stakeholders. Additionally, I'll closely monitor any

potential conflicts of interest and ensure that corporate decisions are made in the best interest of

all parties involved, thus upholding the principles of fairness and equity in healthcare

administration.

Chapter Four

Chapter Four mainly discussed human resources laws and how they apply to the

healthcare industry. One of these concepts was the Civil Rights Acts of 1866 and 1964. These

laws provide protections against discrimination based on race, color, religion, sex, national

origin, age, and disability in the workplace (Showalter, 2020, p.142-148). To integrate this

learning into my future healthcare management practice, I'll prioritize fostering a culture of

diversity, inclusion, and equal opportunity within healthcare organizations. This involves

implementing policies and procedures that promote fair treatment and prevent discrimination in

recruitment, hiring, training, and advancement. I'll ensure that all employees are aware of their

rights under these laws and provide training on diversity and sensitivity to create a respectful and

inclusive work environment. Additionally, I'll establish mechanisms for reporting and addressing

any instances of discrimination promptly and effectively. By actively promoting diversity and

preventing discrimination, I'll contribute to a more equitable and harmonious workplace where

all employees can thrive and contribute to the delivery of high-quality healthcare services.

Chapter Five

In Chapter Five, I was introduced to the concept of contracts. The concept of contracts

outlines the fundamental requirements for a legally binding agreement, including legal
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competency of parties, a meeting of the minds, consideration, and legality of purpose. To ensure

the integration of this learning in my future healthcare management practice, I will prioritize

clarity and transparency in all contractual arrangements within the organization. This involves

drafting comprehensive contracts that clearly outline the rights, responsibilities, and obligations

of all parties involved (Showalter, 2020, p.177). I will also implement thorough processes for

reviewing and approving contracts to ensure that they meet legal requirements and align with

organizational goals and values. Additionally, I will provide training to staff members involved

in contract negotiation and management to enhance their understanding of contract elements and

foster compliance with applicable laws and regulations. By prioritizing sound contracting

practices, I aim to mitigate legal risks, uphold ethical standards, and promote effective

partnerships within the healthcare ecosystem.

Chapter Six

In Chapter Six, different concepts relating to negligence were discussed. One important

case discussed was Helling v. Carey. This was a landmark legal case that highlighted the duty of

healthcare professionals to adhere to reasonable standards of care, even if those standards differ

from prevailing practices within their specialty. In the case, the court ruled that despite the

standard practice in ophthalmology of not routinely conducting pressure tests for individuals

under 40, failure to administer such a test to a plaintiff who later suffered blindness from

undetected glaucoma constituted negligence. This case is important to my future career in

healthcare administration (Showalter, 2020, p.231). I will integrate this knowledge into my

future healthcare management practice by prioritizing patient safety and quality of care by

promoting a culture of evidence-based medicine. This involves staying abreast of current

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medical literature and guidelines, fostering open communication among healthcare providers,

and advocating for the adoption of best practices even if they deviate from traditional norms.

Additionally, I will emphasize the importance of continuous education and training for

healthcare staff to ensure they are equipped to deliver optimal care aligned with evolving

standards and patient needs.

Chapter Seven

In Chapter Seven, we covered content relating to the liability of a healthcare institution.

One of the most eye-opening concepts was the Doctrine of Corporate Liability. This doctrine

establishes that hospitals or any healthcare corporation can be held directly negligent for failing

to meet established standards of care, irrespective of individual medical staff actions. This

doctrine highlights a hospital's important duty to ensure patient safety and quality care

(Showalter, 2020, p.251-252). To integrate this learning into my future healthcare management

practice, I will implement robust quality assurance and risk management protocols. This includes

regularly reviewing and updating hospital policies and procedures to align with best practices

and legal standards. Additionally, I will prioritize thorough employee screening and training to

uphold high standards of care delivery. Emphasizing a culture of patient safety and

accountability, I will encourage open communication channels for reporting incidents and near-

misses, fostering a proactive approach to identifying and addressing potential liabilities. Through

these measures, I aim to mitigate risks, enhance patient outcomes, and uphold the hospital's

commitment to excellence in healthcare delivery.

Chapter Nine
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In Chapter Nine, we discussed concepts relating to the management of healthcare

information. The concept of ownership and control of health records establishes that while

healthcare providers own and control patient records, patients have the right to access and obtain

copies of their records under state laws and the Health Insurance Portability and Accountability

Act (HIPAA) (Showalter, 2020, p.336). To ensure the integration of this learning in my future

healthcare management practice, I will prioritize compliance with state laws and HIPAA

regulations regarding patient health information. This includes implementing robust policies and

procedures for handling patient requests for records, ensuring that patients are informed of their

rights, and facilitating timely access to records while maintaining patient privacy and

confidentiality. Additionally, I will provide ongoing training to staff members to ensure they

understand their roles and responsibilities in managing health information securely and ethically.

By promoting transparency and adherence to legal standards, I aim to foster trust and confidence

among patients while safeguarding their sensitive health data.

Chapter Ten

In this chapter, I was intrigued to learn about the concept of EMTALA, or the Emergency

Medical Treatment and Labor Act. This law mandates that hospitals provide appropriate medical

screening examinations to individuals seeking emergency care, regardless of their ability to pay.

If an emergency medical condition is found, the hospital must provide necessary stabilizing

treatment or arrange for a transfer to another facility (Showalter, 2020, p.377-378). To integrate

this learning into my healthcare management practice, I will ensure strict compliance with

EMTALA regulations by implementing comprehensive policies and protocols for emergency

care delivery. This includes training staff on EMTALA requirements, establishing clear
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procedures for medical screening and stabilization, and developing efficient transfer processes

when necessary. By prioritizing patient safety and access to emergency care, I aim to uphold

legal standards and provide equitable treatment to all individuals in need.

Chapter 11

In Chapter 11, I was educated more on the concept of concept of informed consent.

Under this concept, it is advisable that there be detailed discussions between physicians and

patients to ensure the patient comprehends the proposed treatment and its associated risks

(Showalter, 2020, p.412). To integrate this learning into my healthcare management practice, I

will emphasize the development of robust informed consent procedures within the organization.

This includes providing training to healthcare providers on effective communication techniques

and the importance of thorough disclosure. Additionally, I will implement regular reviews of

informed consent practices to ensure adherence to legal standards and patient-centered care. By

fostering a culture of transparency and patient empowerment, I aim to uphold the principles of

informed consent and enhance patient trust and satisfaction within the healthcare facility.

Chapter 12

The concept of federal tax exemption for healthcare organizations is covered in Chapter

12. It entails meeting certain requirements, including a charitable purpose and the absence of

private inurement. To integrate this learning into my future healthcare management practice, I

will ensure thorough compliance with these requirements through meticulous documentation and

adherence to relevant regulations. This will involve conducting regular reviews of the

organization's activities to ensure they align with charitable purposes and do not result in private
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benefit (Showalter, 2020, p.464). Additionally, I will implement robust policies and procedures

to prevent private inurement, such as developing compensation and conflict-of-interest policies

to govern transactions with corporate insiders. By fostering a culture of transparency and

accountability, I aim to uphold the organization's tax-exempt status while promoting its mission

of serving the community.

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Reference

Showalter, J.S. (2020). The Law of healthcare Administration.