Advanced Business Law;Legal Aspects of Health Care Business Transactions

LEGAL ASPECTS OF HEALTH CARE BUSINESS TRANSACTIONS

The purpose of this course is to provide you with a framework for analyzing the fundamental legal aspects of health care business transactions by applying specific

analytical tools, and I expect to see that analysis demonstrated in your answers.  As described in the syllabus, after each lesson you are required to respond to a

series of three to five applied examination questions that directly relate to the topic addressed.  The questions are not intended to have the student simply “fill in

the blank.”  To receive a grade of “A” in the course, a student needs to demonstrate complete analysis of the fact patterns using the subject lesson.  I need to

understand your decision-making process.

IF THE ANSWER REQUIRES ANALYSIS OF ESSENTIAL ELEMENTS AS STATED IN THE COURSE MATERIALS, I EXPECT TO SEE AN ASSESSMENT OF EACH ESSENTIAL ELEMENT IN THE ANSWERS.

Specifically, for example, if the question involves application of the Stark Law or the federal Anti-Kickback Statute, first go through the analysis of how the laws

might apply using the analytical framework provided in the lecture and course materials.  The framework for analysis is clearly stated.  For Stark, you are provided

with a five question test to determine how or whether the Stark Law applies.  For the federal Anti-Kickback Statute, if “remuneration” of any nature runs in one

direction, and “referrals” for items or services that are covered by any federal reimbursement program run in the opposite direction, then the federal Anti-Kickback

Statute is implicated and a risk analysis of its potential application is required.  Answers to these questions require careful analysis.  Do the facts implicate these

laws?  If so, how?  PLEASE FOLLOW THE ANALYTICAL TOOLS, TO REACH THE CORRECT CONCLUSION

ONCE YOU DETERMINE HOW THE LAW IS APPLIED TO THE FACTS, STATE YOUR ANSWER.  For example, the Stark Law is a definitive, black and white law.  Either the Stark Law

applies or it does not.  Once you make a decision, you should state it and support it.

ALL THE ANSWERS MUST BE BASED ONLY ON THE GIVEN MATERIALS.  NO OUTSIDE RESEARCH IS REQUIRED OR EXPECTED

Also, it is sometimes as important to state why an alternative answer was considered and rejected as it is to give a correct answer.  For some questions, there are no

absolutely right or wrong answers, but the answer needs to be supported by an explanation of the process you applied when determining your answer.

ONE SENTENCE ANSWERS ARE NOT ACCEPTABLE.  You need to describe why, and sometimes why not, you have formulated your answer.

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