By the end of this module the student shall be able to do the following:Distinguish between a misdemeanor and a felony criminal offense (Session Long Project )
Discuss the consequences of a criminal conviction on health care professionals (Session Long Project)
Identify and discuss the elements of a contract and impact of illegal provisions (Case Assignment)
Identify and discuss negotiation and contracting basics (Case Assignment)
Identify and discuss reporting obligations of health care professionals (Threaded Discussion)
Criminal Law is said to be societys expression of the limits of acceptable behavior. A crime is any social harm defined and punishable by law. The objective of criminal law is to maintain public order and safety, protect individuals, use punishment as a deterrent and rehabilitate the criminal.
Crimes are generally classified as misdemeanors or felonies. Misdemeanors are offenses that are punishable by less than 1 year in county jail and/or a fine. A felony, which is a much more serious offense, is punishable by imprisonment in a state or federal prison for more than one year. A fine is also associated with a felony.
Click for a PowerPoint presentation of the procedural aspects of criminal law.
A great deal of our daily interactions are governed by Contract Law. Whether we are dealing with employment relationships or the purchase of goods and service, contract law applies.
A contract is a special kind of agreement, whether written or oral, that involves legally binding obligations between parties. The main purpose of a contract is to specify, limit, and define agreements that are legally enforceable.
Click here for a PowerPoint presentation on the elements and types of a Contract and available remedies and defenses.
Who has the power to contract? Competent parties including individuals, corporations, partnerships and agents may enter into contracts.
Note: The object of a contract must be legal. If the object of a contract is against federal or state law or in violation of any rule policy or regulation, the contract is rendered invalid. Click to see California law on this subject: Civil Code
Click to see sample California pleading forms for Contract cases. Note, choose Pleading-Contractheading in the box.
Module 2 Background Information Criminal Law/Contract Law
Clevette, A., Erbin-Roesemann, M. and Kelly, C. (2007). Nursing Licensure: An Examination of the Relationship Between Criminal Convictions and Disciplinary Actions. Journal of Nursing Law, 11(1), 5-11. Retrieved May 22, 2008, from ProQuest.
Enserink, M. (2005). Thomas Butler Loses Appeal, Vows to Fight On. Science, 310(5749), 758. Retrieved May 22, 2008, from ProQuest.
Gibelman, M. & Whiting, L. (1999, August). Negotiating and contracting in a managed care environment: Considerations for practitioners. Health & Social Work 24 (3), 180. Retrieved on May 20, 2008 from Proquest.
Shulman, H. (2001). The case against without-cause termination provisions in provider contracts. Healthcare Financial Management 55 (7), 42. Retrieved on May 22, 2008 from Proquest.
California Penal Codes (2003). Section 11160-11163. Retrieved on May 22, 2008, from fpm/20061100/49nego.html.
Physicians News Digest (2003). Physicians Drop Health Insurers. Retrieved on May 22, 2008 from Contract Law
Managed Care Organizations have legal departments or law firms that zealously represent their interests. Consequently, in the managed care environment, practitioners need to have some savvy when it comes to negotiation and contracting. The focus of this module will be on the basics to negotiating and contracting in the managed care setting.
In a 3-5 page research paper, respond to the following:
Identify and describe the basic elements of a contract?
Identify and discuss the stages of negotiation and areas of concern.
What if a contract contains provisions for performing illegal activities?
What is a severability clause and what impact does this clause have on a contract with one or more provisions that are unenforceable? In other words, does an unenforceable provision make the entire contract void?
Note: In preparing your response you should not only draw from the assigned readings but should also incorporate additional research you conduct on the subject.
Be sure to properly cite all references.
HM 443 Legal Aspects of Health Care (Module 2-SLP)
BHM443 Legal Aspects of Health Care
Module 2 Criminal Law/Contract Law
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