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Law and Public’s Health

Law and Public’s Health

Module 7a PowerPoint Questions Business Entities, Corporations, etc

 

  1. What is the one major advantage the corporate form of ownership has over proprietorships and partnerships?

 

 

  1. What do you give up as an owner of a proprietorship or partnership to become a corporation?

 

  1. What does it mean to you as an owner to have limited or unlimited liability?

 

  1. How does a corporation differ when a stockholder or manager dies compared to when a manager or owner of a proprietorship dies?

 

  1. How is ownership of a proprietorship transferred relative to a corporation? How is ownership transferred in each type or organization?

 

  1. Who is the employer in cast of a lawsuit from tort liability in a proprietorship? In a corporation?

 

  1. To become incorporated the incorporators file the ___________of _____________.

 

  1. Do corporations get a charter from the states or the federal government?

 

  1. What are the written rules created by the board of directors that govern a corporation?

 

  1. What purposes might make an organization eligible for 501 (c)(3) status?

 

  1. What is the potential financial advantage of being designated 501 (c)(3)?

 

  1. Name three conditions imposed on a 501 (c)(3) organization to maintain that status.

 

  1. What penalties can be imposed if a 501 (c)(3) organization would engage in but not pay income taxes on activities substantially unrelated to its exempt purposes?

 

 

 

 

 

 

 

 

 

HHP 4600 Law and Public Health

Module 7b PowerPoint questions for Scope of Discretion of Administrative Agencies

 

  1. What is the administrative procedures act? What importance does it have with administrative agencies?

 

  1. If the law Congress passes creating OSHA is held constitutional, but OSHA issues a rule held to be unconstitutional, is the originating law unconstitutional also?

 

 

 

  1. Explain what each of the following phrases are and how they are used or why important in understanding administrative rules (may have to go outside the PPs):
  1. Exhaust administrative appeals or remedies
  2. Arbitrary and capricious
  3. Cost benefit analysis
  1. In the following, provider organizations have sued an administrative agency. You answer for each letter how the court will decide by writing “support administrative agency” or “overrule administrative agency.”
  1. If Congress specifically passed a law limiting the Environmental Protection Agency from regulating carbon levels, what would a court rule if a provider organization sued the EPA when the EPA fined the provider for using too many carbons?
  2. If the FDA decided to not a approve a drug based on science and testing as Congress said it should, and prohibited a drug like the morning after pill because it was thought to be like an abortion pill, and a pharmacy sued the FDA to release the drug, what might the court decide?
  3. If the administrative agency did not follow its own procedures in fining a provider?
  4. If the language in the law creating the administrative agency is ambiguous and open to several interpretations, and the administrative agency selected on, but the provider likes a different one?
  5. If a regulation is generated by the EPA that puts 90% of the coal producers out of business, and these providers sue, the courts will decide?
  6. Medicare has reduced its payments and changed the way it reimburses providers, and providers will get much less payments. The court will decide?
  7. The providers have shown to the court that a regulation implemented by the DHHS is clearly poor social and economic policy. The court will decide?

 

  1. In 4 e,f,g what other recourse(s) might providers have in these cases for a remedy?

 

 

 

 

 

 

HHP 4600 Law and Public’s Health

Module 7c Government Regulation of Providers and Payers

 

  1. What two types of health related facilities are licensed by all states?

Nursing homes and Hospitals

 

  1. What is a CON (Certificate of Need)?

 

 

  1. What does the 1996 federal legislation known as HIPAA stand for and what does it intend to do?

HIPAA (Health Insurance Portability and Accountability Act) 1996 (can continue health insurance plan after employment)

 

  1. State and federal regulation of health providers and payers is extensive and complex. Even if the legal judicial processes fail to give relief to a provider, what other means does a provider have to change a regulation?

 

  1. Name four areas of government regulation that has been imposed with relatively little controversy.

 

 

 

  1. Why has licensing of facilities and professions not received close scrutiny from the courts?

 

  1. When providers challenge federally imposed conditions on the receipt of federal funds like Medicaid, the courts have upheld the conditions because _______________________________.

 

  1. Why did the Supreme Court in 2012 rule unconstitutional the portion of the ACA of 2010 that allowed the federal government to remove all funding from a state that refused to participate in expansion of Medicaid, even when the federal government paid all the costs of the expansion?

 

  1. What might be a Constitutional objection to a Federal mandate issued to a state to provide Medicaid or similar health benefits to its citizens?

 

  1. How can the Federal government legally circumvent that barrier and obtain compliance from the states?

 

 

  1. What are the Fifth and Fourteenth amendments? Which is applicable to the Federal government? Which to the states? What is the intent of each of these amendments?

 

  1. What does it mean that a provider is required to “exhaust administrative remedies” before it can challenge an administrative decision in court?

 

  1. If patients argue that a nursing home or other care facility should not be decertified because the patients will experience “transfer trauma” what response are they likely to get based on a Supreme Court decision? What is the basis of the Court’s position?

 

HHP 4600 Law and Public’s Health

Module 7d PowerPoint Questions for Antitrust Laws

 

  1. Name and describe the four federal laws that compose the foundation for antitrust legislation.
    1. Interstate Commerce Act
    2. Sherman Antitrust Act
    3. Clayton Act
    4. Federal Trade Commission Act

 

  1. List and describe the four trade practices prohibited by the Clayton Act of 1914.
    1. Price fixing
    2. Exclusive contracts
    3. Mergers among competitors
    4. Interlocking directorates

 

  1. What is the difference in a “per se” violation and one that requires the rule of reason?
  • Apply the “Rule of reason”
    • Market involved (who selling what to whom where?)
    • Is competition unreasonably affected?

Unreasonable “per se” violations (traditionally & frequently unreasonable):

  • price fixing among competitors
  • group boycotts
  • Competitors establishing territories

 

  1. How does the “Maricopa” case explain the application of “per se” and the rule of reason?

Defense said use rule of reason as costs are lower to consumer

Courts ruled “per se” price fixing restrains trade among competitors

no reason to apply rule of reason, even if prices lower. “Costs” to competition outweigh them.

 

  1. Explain how the “Jefferson” case establishes guidelines for understanding exclusive contracts as exemplified by “tying arrangements.”

Court concludes hospital’s market power not sufficient to force patient to buy product they would not otherwise buy.

Although trade was restrained, it did not affect competition

Today courts use Jefferson to allow exclusive contracts between hospitals and practitioners

 

 

  1. How might the denial or granting of staff privileges be seen as anti-trust violations?

 

 

  1. Explain how an organization can compete without violating the antitrust laws. Can running a competitor out of business in one situation be an antitrust violation, and not be in another situation? Explain.

 

  1. Courts may take different approaches in defining markets or considering other factors to determine if the result of a merger or acquisition is anti or pro competition. Will courts also give consideration to a healthcare or human service organization because of the nature of its business or for its profit or not for profit status when determining if antitrust provisions have been violated?

 

 

Address Pozgar text chapter questions here:

 

Chapter 9 questions 1, 4, 5

 

  1. Explain from where a corporation derives its authority.

The authority of a corporation is expressed in the law under which the corporation is chartered and in the corporation’s articles of incorporation. The existence of this authority creates certain duties and liabilities for governing bodies and their individual members. Members of the governing body of an organization have both express and implied corporate authority.

 

  1. Describe corporate ethics, the Sarbanes-Oxley Act of 2002, and corporate authority.

Corporate ethics describes the ethics of an organization and how it responds to internal or external circumstances affecting the organization’s mission and values. The Sarbanes-Oxley Act of 2002 was enacted to protect investors by improving the accuracy and reliability of corporate disclosures. The act requires top executives of public corporations to vouch for the financial reports of their companies and encourages self-regulation. Express corporate authority is delegated by statute. Implied corporate authority is invoked in cases in which authority not specifically granted in the articles of incorporation is required to carry out its purpose. Ultra vires acts are those in which a governing body acts beyond its expressed or implied scope of authority.

 

  1. Explain the terms of corporate negligence, respondent superior, and independent contractor.

Corporate Negligence: A corporation itself owes duties to the general public and to its patients. Duties arise from statutes, regulations, principles of law developed by the courts, and the internal operating rules of the organization. A corporation is treated no differently than an individual. If a corporation has a duty and fails in the exercise of that duty, it has the same liability to the injured party as an individual would have.

Respondent superior (vicarious liability): An employer can be held responsible for the acts of its employees.

Independent contractor relationship is one in which the principle has no right of control over the way in which the agent’s work is to be performed.

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Category: Sample Questions