Advanced Business Law Legal Aspects of Health Care Business Transactions

Order Description

The writer needs to be expert in Health Care Law

? These questions is to provide an integrated perspective on applicable law, examination papers must be submitted in the order of the lessons in the book.

? Many lessons provide “essential elements” for analysis of fact patterns that are provided in the examination question. If so, I expect to see you address each essential element that is relevant to the answer in your papers. For example, Chapter 1 provides a five step process for determining whether the Stark Law applies. Whenever Stark is implicated in a question for Chapter 1 and the succeeding Chapters, I expect to see each of the five essential elements separately addressed. The same process applies to the application of the federal Anti-Kickback Statute and its safe harbor regulations, elements of forming enforceable contracts, enforcing restrictive covenants, and other bodies of law.

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

? Copy the ENTIRE question, including both the facts on which the answers will be based, into your examination paper. I grade papers using remote devices, and I sometimes need to see the entire question to put your answer into perspective. Any paper that does not copy the ENTIRE question will be returned to you ungraded

ALL QUESTIONS WILL BE ATTACHED

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.

COPY THE QUESTION before writing the answers.