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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.
June 2010
Friday June 25, 2010
Posted by: Mary Ann Horne at 1:42PM EST on June 25, 2010
Q: Does the Americans with Disabilities Act require organizations to hire individuals who are not qualified or able to perform their job? A: The ADA does not require an organization to hire someone not qualified for a job. In order to be protected under ADA the employee must be able with or without reasonable accommodation, to perform the esential functions of the employment position. (Fried, Chapter 4 The Legal Environment, p73) Thursday June 24, 2010
Posted by: Kara Butler at 2:10PM EST on June 24, 2010
Respondeat Superior-Employer liability for wrongful acts of employees or a principal’s liability for the acts of his/her agent, so long as the acts are within the scope of work of the agency. Does not extend to independent contractors
Ostensible Agency-Does extend to independent contractors
As mentioned in the powerpoint presentation, in recent years there has been a shift toward the doctrine of Ostensible Agency as a means to impose liability on hospitals, in particular for physician behavior. How does your organization clearly demonstrate that physicians are not agents of the hospital? Thursday June 10, 2010
Posted by: MariaBethy Cash at 5:56PM EST on June 10, 2010
EMTALA: Penalties · HOSPITAL o Civil money penalty of up to $50,000 per violation o If the hospital has fewer than 100 beds, the maximum penalty is $25,000 per violation o Revocation of provider agreement · PHYSICIAN o Civil money penalty is transferred a patient inappropriately and/or misrepresented a patient’s condition o Civil money penalty if on call and refuses to appear after being called by physician o A physician’s actions may result in a penalty to the hospital |
