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Laws and Regulations
This area deals with identifying and interpreting the impact of government regulations and law on the organization; identifying the need for and working with others to develop new regulations and laws; investigating, monitoring, documenting, and enforcing existing statutes; and maintaining communication and cooperation with both public and private organizations.
March 2010
Sunday March 21, 2010
What caused the OIG to create the guidelines for industry?
Posted by: Sandra DeLeon at 1:04PM EST on March 21, 2010
The guidelines stemmed from growing government concerns regarding conduct to induce purchase of products and inappropriate provider incentives.
Saturday March 20, 2010
Hill-Burton Act
Posted by: Jeanmarie at 3:17PM EST on March 20, 2010
In the slide presentation segment on Healthcare Law (Sandler and DiVarco), there is a brief dicussion of the Hill-Burton Act. Originally enacted in 1946 providing for construction funds to public and non-profit hospital, and in 1972,  specific requirements  for the provision of uncompensated care. For additional information on Hill-Burton, see the U.S. Department of Health and Human Services HRSA web site at:  http://www.HRSA.gov/hillburton/default.htm

 


Sunday March 14, 2010
Disparate Impact vs. Disparate Treatment
Posted by: Pirus Pradithavanij at 5:10AM EST on March 14, 2010

The most important difference between disparate impact and disparate treatment is that motive is irrelevant in disparate impact case, in disparate treatment cases, on the other hand, the intent to discriminate must be proven. 

(Handout Chapter 4 The Legat Environment)

Monday March 8, 2010
8. Describe the differences between the "Per Se" and the "Rule of Reason" analysis.
Posted by: Nicole Leonard at 1:00PM EST on March 8, 2010

A Per Se violation is conduct that falls within a category deemed to be Per Se unlawful--that is, conduct so bad that the conduct itself constitutes a Sherman Act violation even if the activities contemplated were not pursued or the conduct did not have an anti-competitive effect.

The Rule of Reason analysis requires inquiry into the reasonableness of the business practices and requires courts to actually balance the merits of the proposed conduct versus any potential anti-competitive effects it may have. If the anti-competitive effect outweighs the benefits, the conduct is deemed to violate the Sherman Act.