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Health, Medicine, Nursing
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MHM522 Legal Aspects Of Health Administration, Healthcare Law (Essay Sample)

Instructions:

Module 1 - Case
HEALTHCARE LAW, RISK MANAGEMENT, AND LIABILITY
Case Assignment
Part I
It is important to be able to read case law and/or federal and state regulations. Read the case of Simkins v. Moses H. Cone Mem. Hosp. 323 F.2d 959 (4th Cir. 1963) and the opinion of Sobeloff, Chief Judge. http://www(dot)ncbi(dot)nlm(dot)nih(dot)gov/pmc/articles/PMC1448322/
https://www(dot)ncbi(dot)nlm(dot)nih(dot)gov/pmc/articles/PMC1448322/
The case is a good example of how federal laws came into play in the affairs of state action.
At what level of the judicial court system did this legal opinion occur?
What was the opinion of the lower court that was finally overturned in Simkins?
Explain at least one the federal laws that was highlighted in Simkins v. Moses H. Cone .
How did the federal law play a role in deciding this case?
Identify and discuss the Constitutional amendments and issues in the case.
Explain why the case was limited in its reach.
Identify the federal official and agency that finally extended the cases' ruling and how the cases' outcome spread across the Nation.
Read the blog “Basic Health Access”; Is the Institutes of Medicine Waking Up? (February 22, 2013) http://basichealthaccess(dot)blogspot(dot)com/ Discuss why you think that Simkins v. Moses H. Cone Mem. Hospital makes or fails to make a big difference in decreasing health inequities?
Part II
Read the articles on Enterprise Risk Management (ERM) and Risk Management in Project Networks and answer the following:
Explain how enterprise risk management is or is not different from basic risk management.
Give one example of each and how to negate the risk.
Assignment Expectations
Limit your responses to a maximum of 4 pages for Part I and 2 pages for Part II, not including title and reference list pages.
Be sure to utilize at least 3-4 scholarly references to support your discussions.
Be sure to properly cite your references within the text of your assignment and list them at the end.

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Content:


MHM522 Legal Aspects of Health administration, healthcare law, risk management, and liability
Name
Institution
Date
Part 1-Simkins v. Moses H. Cone Mem. Hos
In the case of the case of Simkins v. Moses H. Cone Mem. Hosp. 323 F.2d 959 (4th Cir. 1963), the U.S 4th Circuit Court of Appeal ruled that two hospitals in Greensboro, NC ought to have allowed African patients and health practitioners and had discriminated against them, the decision was upheld by the U.S. Supreme Court. Dr George Simkins sued on behalf of African American health practitioners and patients highlighting the discriminatory practices of the two publicly funded hospitals. The U.S. District Court of the Fourth Circuit judges focused on the Equal Protection clause, which applied to government entities, not to discriminate, where the two private hospitals received federal funds but were private entities (Reynolds, 2004). It was ruled that the hospitals were private and had a choice to discriminate as they were not government entities.
The 1946 Hill-Burton or Hospital Survey and Construction Act, allowed funds to be set aside for hospital construction and upgrade, and public hospitals received the funds when they were open to everyone. The Hill-Burton did not do away with racial segregation in health institutions since private hospitals, were institutions in which the state did not exercise regulatory authority (Matthew, 2014). Hill-Burton called for nondiscrimination when using the federal funds where money was to be restricted for hospitals that were still segregated in the South (Reynolds, 2004). The separate but equal clause was also applied in the Act. The NAACP lawyers argued that there was state involved in the affairs of the private hospitals, using the Hill-Burton funds meant that the two hospitals were not to discriminate against anyone on the basis of race.
The equal protection clauses are in the fifth and the fourteen Amendments, but the fifth focuses on the due process and the fifteen protects all citizens against discrimination as they are to be treated equally. When the lawyers lodged a case, they argued that the two hospitals violated the two amendments because they followed through with racial segregation. Both Amendments cover government action at the state and federal level and not private entities
While the case was a defining moment hospital racial discrimination, the case was limited in its reach. First the US Supreme Court failed to issue the writ of certiorari, which meant that it was only those hospitals that been proposed or were undergoing construction under the Fourth Circuit jurisdiction were legally required to racially integrate services (Reynolds, 2004).

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