One ethical issue that is most common in gathering and reporting all necessary and pertinent transfer-of-value event information is defining what is classified as transfer-of-value. Depending on the type of event and interaction, information that can be viewed as transfer-of-value activity can become blurred and is not always black and white. If a surgeon is approached and agrees to attend a Medtronic sponsored event in which a flight, transportation, lodging, and food are provided. The event is classified as a transfer-of-value event and must be recorded and reported to compliance. The flight, transportation, lodging, and food provided are all viewed as a monetary transfer between Medtronic and the said physician. To properly follow Medtronic
De Tar Hospital should ensure that EMTALA compliance is monitored regularly through internal auditing of emergency department records. Issues identified should be examined against existing policies and procedures to determine whether the problem is an isolated error which may be corrected through education and discipline, or if there is a more systemic problem that calls for major modification of existing policies and procedures. For example transfer records executed by Dr. Burditt and other physicians should be reviewed see if there is a pattern of inappropriate transfers by other physicians or if this is just an isolated incident. Such a proactive approach to addressing EMTALA compliance issues should significantly reduce the hospital’s liability for violation.
False Information: This is probably the most obvious as to why it has negative ethical implications and a hard topic to defend
In the United States, healthcare fraud and abuse are significant factor associated with increasing health care costs. It is estimated that federal government spends billions of dollars on the health care cost (Edwards & DeHaven, 2009). Despite the seriousness of fraud and abuse offenses, increasing numbers of healthcare providers are seeking new and more profitable ways to build business relationships. These relationships include hospital mergers, hospital-physician joint ventures, and different types of hospital-affiliated physician networks to cover the rising cost of health care (Showalter, 2007, p 111-114). When these types of arrangements are made, legal issues surrounding the relationship often raise. There are five important Federal fraud and abuse laws that apply to the relationship and to physicians are the False Claims Act (FCA), the Anti-Kickback Statute (AKS), the Physician Self-Referral Law (Stark law), the Exclusion Authorities, and the Civil Monetary Penalties Law (CMPL) and (Office of Inspector General (OIG), 2010). Out of five most important laws that apply to the relationship and the physicians, we are going to focus on the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (Stark law).
Ferrell, O. C., Fraedrich, J., & Ferrell, L. (2011). Business ethics: Ethical decision making and cases: 2011 custom edition (8th ed.). Mason, OH: South-Western Cengage Learning.
NAEYC Code of Ethical Conduct and Statement of Commitment. (2005, April). Retrieved from http://www.naeyc.org/files/naeyc/file/positions/PSETH05.pdfRetrieved from http://journal.naeyc.org/btj/200511/ColomboBTJ1105.pdf
This relates to ethical issues as it is difficult to decide when confidential information should be shared, as described in my ethical dilemma above.
Establishing and implementing a strategic approach to improving organizational ethics is based on establishing, communicating, and monitoring ethical values and legal requirements that characterize the firm's history, culture, and operating environment” (p. 129). Ethics programs ensure satisfactory relationships with all stakeholders by aligning with all of their demands and needs, and determine conduct with customers and relationships with regulators, shareholders, suppliers, and employees (Ferrell, 2004). Values are a core set of beliefs and principles, one or many. A number of factors contribute to the development of values. These include membership in a community or culture, attitudes, beliefs, and behaviors.
I suspect that the codes that the physicians are submitting for payment are not accurate. Entering inaccurate codes that will yield the highest revenue for the clinic is called “upcoding”.
The six steps of the model are as follows: Identify the ethical dilemma, collect information, state the options, apply ethical principles to those options, make the decision, and implement the decision (Beemsterboer, 2010). The first step is to identify the ethical dilemma, which Beemsterboer describes as the most critical step in the model. To identify the ethical dilemma, one must recognize that the problem is an ethical dilemma with no one clear answer, and expound upon what the ethical question is. The next step is to collect information about the situation and values involved “as a basis for an informed decision.” (Beemsterboer, 2010, para. 8). After defining the ethical dilemma and gathering information about it, one must then state as many options as possible which may resolve the problem (Beemsterboer, 2010). Due to that fact that more than one decision may remedy an ethical dilemma, it is important to discuss all available options to better understand all angles of the situation and how to deal with as many of them as possible. Once all alternatives have been stated, each must be weighed against ethical principles. Beemsterboer suggests in the discussion of each option a list of pros and cons be made to demonstrate how the option may protect of violate ethical principles and values (2010).?? After analyzing each alternative it is much easier
Medtronic responds to regulations and directives from external stake holders such as governmental bodies by being proactive towards federal government regulations and by internal record monitoring. Medtronic does not leave anything to chance and as a company, likes to stay ahead of governmental regulations. The federal government has announced that medical device companies will soon have to disclose any transfer of value between the company and external customers. Transfer of value is seen as anything that can persuade a physician or customer to use the medical device company’s product over a competitor’s product due to personal gain. Before the federal government announced that medical device companies would have to provide transparency documentation between the company and customers. Medtronic took action and developed and implemented transparency practices in all aspects of customer relations. Now every time a surgeon or external customer is approached for a consultation, the meeting must be recorded and every possible form of transfer of value must be documented and recorded. In the world of Medtronic transparency, anything from lunch provided to a customer to a pen with the company’s logo is considered transfer of value and must be
When determining wether a business decision is ethical, three models can be used in the classification process. Briefly summarised the three models can be seen to be:
While our organization prides itself in a well-defined and thorough code of ethics, there are occasions where situations arise, but the solution is not clearly defined within our code. In such a case, it is critical to develop a decision making framework that allows our employees to make a decision while operating within the moral guidelines of our corporation. In the hope that we can eliminate discrepancies, Royal Dutch Shell has created an ethical decision strategy that will make clear the ethical standings of our corporation and ensure a consistent decision making process. Our decision making process is focused on our stakeholders, and how we can maximize their benefit.
Ethics is the study of values and how right and wrong action is defined (Cooper, 1998).
In this assignment we will be identifying an ethical dilemma an individual has experienced. We will begin with a short introduction of what an ethical dilemma is, moving on to providing brief details of the dilemma an individual has experienced. We will then go on to selecting one ethical theory, to show how it can help an individual understand and deal with the situation when placed within, followed by a conclusion.
3. Allow for the fact that ethical questions do not always have a unique, faultless answer.