Reference no: EM133118683

Law and Public's Health

1. Business Entities, Corporations, etc

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

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

3. What does it mean to you as an owner to have unlimited liability?

4. What is the difference in the future of a corporation when a corporate stockholder dies compared to the future of a business when the owner dies?

5. How is ownership of a proprietorship transferred relative to ownership of a corporation?

6. Explain how principals in a corporation have limited liability.

7. To become incorporated the incorporators file___________of _____________.

8. Do corporations get a charter from a state or the federal government?

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

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

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

12. Name a condition imposed on a 501 (c)(3) organization to maintain that status.

13. What penalties can be imposed on a 501 (c)(3) organization if it violates the terms of that status, like promoting a political candidate or not paying income taxes on activities substantially unrelated to its exempt purposes?

Law and Public Health

2. Scope of Discretion of Administrative Agencies

1. What importance does the Administrative Procedures Act have with administrative agencies?

2. If Congress specifically passes a law limiting the Environmental Protection Agency from regulating carbon levels, what would a court rule if a provider organization contests being fined by the EPA for using too many carbons?

3. If the FDA decided to not approve a drug based on science as Congress said it should do, is it likely the court would order the release of the drug?

4. If an administrative agency did not follow its own procedures in fining a provider, would the court likely find for or against the provider?

5. If the language in the law creating the administrative agency is open to several interpretations, and the administrative agency selected one option, but the provider likes a different one and sues, who will the court support?

6. If enacting a rule puts 90% of coal producers out of business, will the courts order the EPA to not enact the rule?

7. If providers contest Medicare reducing its rates paid to providers, will the courts support Medicare or the providers?

8. Providers have shown to the court that a regulation imposed on them by DHHS is poor social and economic policy. Is that sufficient for a court to tell DHHS to change the policy?

Law and Public's Health

3. Government Regulation of Providers and Payers

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

2. Name four areas of government regulation have been established and imposed with relatively little controversy or problems in court?

3. Why has licensing of professions not received close scrutiny from the courts?

4. What might be the Constitutional basis why the courts would not allow a Federal mandate that states provide Medicaid?

5. Where a mandate may be unconstitutional, how can the Federal government legally gain support from states to participate in federal healthcare policy like Medicaid?

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

7. What does it mean that a provider is required to "exhaust administrative remedies" before it can challenge an administrative agency decision in court?

8. Patients and their families may argue that a nursing home or other care facility should not be decertified or closed 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?

Law and Public's Health

4. Antitrust Laws

1. What law prohibits anti-trust?

2. List and describe the four trade practices prohibited by the Clayton Act of 1914.

3. Explain how an organization can compete without violating the antitrust laws. Can running a competitor out of business be legal in one situation but be an antitrust violation in another?

4. Will courts give consideration to a healthcare or human service organization because of the nature of its business or whether it is for or not for profit when determining if antitrust provisions have been violated?

5. Will the Interstate Commerce Clause allow Congress to require states to inspect healthcare equipment?

6. Would it be constitutional for the President or Congress to direct states to provide free medical care in their states? Why or why not?