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UMGC Risk Management Plan Memorandum
UMGC Risk Management Plan MemorandumUMGC Risk Management Plan Memorandum
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
UMGC Risk Management Plan Memorandum
Description
Individually complete the memo.
Your health care organization has just learned that it is out of compliance in the problem areas listed below. You have been asked to research ONE problem and prepare an interoffice research memo that is single spaced and not more than two pages. The Memo should addressed to the Risk Manager and include the following sections with a heading in bold for each section. Use APA for in-text citations and references.
Use only classroom materials to complete the memo. This would include the textbooks, web links, and the Classroom law library.
Memo Heading
Memo To:
Memo From:
Date:
Re: (Regarding – your topic)
Brief description of the problem
State and/or federal law and agency guidelines or regulations that govern the issue including the penalty for non-compliance
Evaluate the organizational vicarious liability.
Evaluate 3 risk management tools that could be used to manage the risk. Indicate why you selected the tools you did. Identify how you would use the tool to identify, correct, and/or prevent risk in the situation you selected
Recommend a 3-step (3 action) risk management plan that includes at least one of the risk management tools you evaluated.
Give reasons to support your plan recommendations which include how the plan will mitigate, prevent, and correct the specific risk stated in your problem.
Problems (Select One)
There was a drug and dose mix-up in the hospital last week. A pharmacist employee put the incorrect medication in the patient cart and mixed up the dose from weekly to daily. This resulted in an overdose of the incorrect medication leading to patient death. The family has filed a wrongful death lawsuit against the pharmacist and the hospital.
An employed physician was on staff in the emergency room last week. He failed to diagnose a kidney stone. The patient returned to the emergency room two days later when a kidney stone and abdominal infection were diagnosed. The delay in treatment left the patient with double the medical bill. The patient is suing the physician and hospital for the cost of care from the delayed diagnosis.
The infants in the newborn well-baby nursery of your hospital all have infections. The infections have been tracked back to poor sanitation of the basinets between babies and cleaning staff playing with the babies at night after cleaning dirty equipment. 3 of the parents are suing the hospital for the illness and extended hospitalization costs for their infants.
The Certified Nurse Assistants (CNA) in your hospital have been on mandatory overtime for a month because of the high patient load. Their supervisor told them they must work overtime, but the payroll clerk is refusing to pay out so much overtime. The CNAs are suing the hospital under the Fair Labor Standards Act (FLSA) for overtime pay.
An employee has taken a leave under the Family Medical Leave Act (FMLA) for cancer treatment which was documented as a disability under the ADA and ADAAA. The employee did not return to work on the day scheduled and was terminated. The former worker has filed a claim of disability discrimination with the EEOC and a “mediation conference” is scheduled for next week to discuss the claim.
A black female nurse employee has applied to be a Nurse Manager 3 times, but has not been hired for the position. Every time a white male with less experience has been hired for the position. The nurse feels that she has been discriminated against and wants to file an EEOC race and gender discrimination claim.
The union has organized all of the cleaning staff who voted for Union #222 to represent them in bargaining with the hospital. The National Labor Relations Board (NLRB) has certified the union, but hospital management refuse to bargain with the union. The union has filed an unfair labor practice claim with the NLRB.
What is Risk Management in Healthcare? NEJM Catalyst. (Nov. 25, 2018) https://catalyst.nejm.org/doi/full/10.1056/CAT.18.0197
Alam, A. Steps in the Process of Risk Management In Health care Journal of Epidemiology and Preventive Medicine. (April 12, 2016) https://www.researchgate.net/publication/308888285_Steps_in_the_Process_of_Risk_Management_in_Healthcare
Discrimination by Type https://www.eeoc.gov/discrimination-type
Bal, B. An Introduction to Medical Malpractice in the United States Clin. Orthop Relat. Res. 2009 Feb; 467(2): 339–347) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/
Optional Reading:
Stuart Showalter; Stuart Showalter
The Law of Healthcare Administration, Ninth Edition
Ch. 4 Human Resource Law
Do:
Week 10
Discussion 7 Labor and Employment: Due Tuesday by midnight of week 10
Week 11
Assignment 4 Risk Management Plan: Due Tuesday by midnight of week 11
50 %1 of 2 topics complete
Show data table for This chart displays the number of completed topics versus the total number of topics within module Weeks 10 and 11: Employment and Labor..
List of Topics and Sub-Modules for Weeks 10 and 11: Employment and Labor
Individually complete the discussion assigned to you based on your assigned group. Your two response replies should be to each of the other topics you were not assigned. Your reply posts should evaluate employment and labor compliance and risk management strategies and tools to manage risk.Use only classroom materials to complete the discussion. This would include the textbooks, weblinks, the Classroom law library, and Compliance libraryGroup 1/Hiring
The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 5 Gender Discrimination: Rolling Meadows Community Hospital
The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 17 Management and Diversity, and Inclusion
Part 1: Critical Analysis of the Law
Evaluate and discuss the requirements of one of the following laws and how it applies in hiring. What does a manager need to do or not do to comply with it?
Title VII protections for race, color, national origin, sex, religion
Pregnancy Discrimination Act
Federal labor laws enforced by the National Labor Relations Board (NLRB) including National Labor Relations Act (NLRA)
Union contracts in the right to work vs non-right to work states and impact on hiring
Evaluate one of the following tools for compliance in hiring and indicate how it would help limit risk. Discuss the pros and cons of it.
Hiring checklist
Hiring policies and procedures
Credentialing policies
The employment arbitration clause in an employment contract
Part 2: Strategic Compliance with the LawEvaluate the scenario in Ch. 5 Gender Discrimination: Rolling Meadows Community Hospital
What are the legal risks? What are risks specific to gender discrimination and liability?
What management compliance tools (one) and processes (one) could be incorporated in the organization to prevent this problem? What do you recommend (1-2 actions)?
Assume an “agreement” is reached to hire the protégé. What employee hiring tools and processes would you incorporate in the hiring process to limit liability and reduce the likelihood of a lawsuit in this case?
Group 2/Employee Evaluation
In The Law of Health Care Administration, 9th Ed, read: Ch. 7 Liability of the Health Care Institution.
The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 8 Nurse Shortage: Metropolitan Community Hospital
Part 1: Critical Analysis of the Law
Evaluate and discuss the requirements of one of the following laws and how it applies in managing employees. What does a manager need to do or not do to comply with it?
Fair Labor Standards Act (FLSA) overtime provisions
Family Medical Leave Act (FMLA) leave provisions
Americans with Disabilities Act (ADA)
Genetic Information Non-Discrimination Act (GINA)
Sexual Harassment
Evaluate one of the following tools for compliance in the evaluation and indicate how it would help limit risk. Discuss the pros and cons of it.
Employee evaluation checklist
Employee evaluation policies and procedures
Corrective action policies and checklists
Union clauses that impact employee evaluation, promotion, and appeal rights and impact how an employee was treated.
Part 2: Strategic Compliance with the Law Evaluate the scenario in Ch. 8 Nursing Shortage: Metropolitan Community Hospital.
What are the legal risks? What are risks specific to staff negligence and liability?
What would management compliance tools (one) and processes (one) be incorporated in the organization to prevent this problem?
Assume there is a nursing shortage. What employee retention tools(one) and processes(one) would you incorporate to improve nursing retention and minimize the likelihood of a negligence lawsuit?
Group 3/Termination
In the Law of Health Care Administration, 9th Ed. read,
Ch.. 8 Medical Staff Privileges and Peer Review
The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 7 Workforce Reduction: Hillside County Medical Center
Part 1: Critical Analysis of the Law
Evaluate and discuss the requirements of one of the following laws and how it applies in terminating employees. What does a manager need to do or not do to comply with it?
Age Discrimination in Employment Act (ADEA) and Older Worker Benefit Protection Act (OWBPA)
Health Care Quality Improvement Act ( HCQIA) and medical staff termination requirements
Union contracts or provider contracts with “just cause termination” provisions vs employment at will
Bostock vs. Clayton Supreme Court Case and Title VII rights
Evaluate one of the following tools for compliance in hiring and indicate how it would help limit risk. Discuss the pros and cons of it.
Employee termination checklist
Employee termination policies and procedures
Evaluation of whether there is an employment contract with a termination clause or whether this is an employment-at-will employee.
OWBPA Waiver and severance in exchange for the right to sue
Part 2: Strategic Compliance with the LawEvaluate the scenario in Ch. 7 Workforce Reduction: Hillside County Medical Center.
What are the legal risks? What are risks specific to employee termination in a reduction in force (RIF)? How will the union contract impact a RIF? How will the WARN law impact a RIF of over 100 employees?
What management compliance tools (one) and processes (one) could be incorporated in the organization to prevent the need for a RIF?
Assume there is a RIF that involves employees with a union contract with seniority provisions. What employee termination tools (one) and processes (one) would you incorporate to minimize the likelihood of a wrongful termination lawsuit?
Due August 2 at 11:59 PMIndividually complete the memo.Your health care organization has just learned that it is out of compliance in the problem areas listed below. You have been asked to research ONE problem and prepare an interoffice research memo that is single spaced and not more than two pages. The Memo should addressed to the Risk Manager and include the following sections with a heading in bold for each section. Use APA for in-text citations and references.Use only classroom materials to complete the memo. This would include the textbooks, web links, and the Classroom law library.
Memo Heading
Memo To:
Memo From:
Date:
Re: (Regarding – your topic)
Brief description of the problem
State and/or federal law and agency guidelines or regulations that govern the issue including the penalty for non-compliance
Evaluate the organizational vicarious liability.
Evaluate 3 risk management tools that could be used to manage the risk. Indicate why you selected the tools you did. Identify how you would use the tool to identify, correct, and/or prevent risk in the situation you selected
Recommend a 3-step (3 action) risk management plan that includes at least one of the risk management tools you evaluated.
Give reasons to support your plan recommendations which include how the plan will mitigate, prevent, and correct the specific risk stated in your problem.
Problems (Select One)
There was a drug and dose mix-up in the hospital last week. A pharmacist employee put the incorrect medication in the patient cart and mixed up the dose from weekly to daily. This resulted in an overdose of the incorrect medication leading to patient death. The family has filed a wrongful death lawsuit against the pharmacist and the hospital.
An employed physician was on staff in the emergency room last week. He failed to diagnose a kidney stone. The patient returned to the emergency room two days later when a kidney stone and abdominal infection were diagnosed. The delay in treatment left the patient with double the medical bill. The patient is suing the physician and hospital for the cost of care from the delayed diagnosis.
The infants in the newborn well-baby nursery of your hospital all have infections. The infections have been tracked back to poor sanitation of the basinets between babies and cleaning staff playing with the babies at night after cleaning dirty equipment. 3 of the parents are suing the hospital for the illness and extended hospitalization costs for their infants.
The Certified Nurse Assistants (CNA) in your hospital have been on mandatory overtime for a month because of the high patient load. Their supervisor told them they must work overtime, but the payroll clerk is refusing to pay out so much overtime. The CNAs are suing the hospital under the Fair Labor Standards Act (FLSA) for overtime pay.
An employee has taken a leave under the Family Medical Leave Act (FMLA) for cancer treatment which was documented as a disability under the ADA and ADAAA. The employee did not return to work on the day scheduled and was terminated. The former worker has filed a claim of disability discrimination with the EEOC and a “mediation conference” is scheduled for next week to discuss the claim.
A black female nurse employee has applied to be a Nurse Manager 3 times, but has not been hired for the position. Every time a white male with less experience has been hired for the position. The nurse feels that she has been discriminated against and wants to file an EEOC race and gender discrimination claim.
The union has organized all of the cleaning staff who voted for Union #222 to represent them in bargaining with the hospital. The National Labor Relations Board (NLRB) has certified the union, but hospital management refuse to bargain with the union. The union has filed an unfair labor practice claim with the NLRB.
UMGC Risk Management Plan Memorandum
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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