2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to general, under honorable conditions. The applicant states, in effect, she was made to perform the duck walks for over thirty minutes without being allowed to stand up. The applicant contends she fractured her right hip, had a stress reaction on the left hip, and nerve damage that continues to affect her everyday life to this day. She contends all she wanted nothing more than to be a Soldier in the United States Army.
In a records review conducted at Arlington, VA on _ January 2016, and by a __-__ vote, the Board denied the request upon finding the separation was both proper and equitable.
(Board member names available upon request.)
3. DISCHARGE DETAILS:
a. Reason/Authority/Codes/Characterization: Failed Medical / Physical / Procurement Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized
b. Date of Discharge: 4 September 2009
c. Separation Facts:
(1) Date of Notification of
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REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of AR 40-501, Chapter
Though the Hospital already has several policies and procedures in place, a revision of the current policy regarding certain aspect needs to be done. The following memo summarizes how DeTar can prevent EMTALA violations from re-occurring.
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
letter; the court refused, by a vote of 92 to 17, and was dismissed. The
Under the Social Security Act, it is required that hospitals report quality measures for a set of 10 indicators. If hospitals do not report quality measures to CMS there is a reduction in payments. In the hospital readmission area of investigation, OIG reviews Medicare claims in hospital readmission cases to identify trends and oversights of cases. Readmissions are cases in which the beneficiary is readmitted to the hospital less than 31 days after being discharged from the hospital. Hospitals are only entitled to one diagnosed-related group payment if there is a same-day readmission for symptoms related to prior hospital stay. Quality improvement organizations are required to review hospital readmission cases also this is to see if standard of care are met. For coded conditions as present on admission, it is required for acute hospital to report these diagnoses on Medicare claims. The OIG will review Medicare claims for types of facility or providers most frequently transferring patients to hospital
According to the report provided by the consultant, the employees at this facility were not taking precautions in safeguarding the patient’s health information. Therefore, the employees at this facility were in violation of the Health Insurance Portability and Accountability Act (HIPPA). It is important for employees to understand the form of technology being used and the precautions they must take to safeguard patient information.
The following are excerpts from the referral packet given to this evaluator by the DSHS case manager George Nelson:
As a certified medical coder (CCA 11/2012), I have contributed to the HIMS department by helping code inpatient encounters from patients in the Residential Rehab Unit as well as outpatient encounters from the other clinics at this VA applying the official coding conventions outlined in the International Classification of Diseases 9th revision handbook as well as in the VHA’s Official Coding Guidelines, V11.0 dated August 10, 2011. Having coded many encounters over the past 3 years, I can easily determine the main condition after study that is chiefly responsible for a patient’s admission to the hospital. ICD-9-CM defines this as the primary diagnosis code and I find that it is most important to list this code first in your documentation
Showalter, J. S. (2012). The Law of Healthcare Administration (6th ed.). Chicago, IL: Health Administration Press.
Smith, Alonzo N. “Project Essay” Separate is not equal: Brown v. Board of Education. URL: http://americanhistory.si.edu/brown/resources/pdfs/projectessay.pdf
Although Pfizer was not required to warn the public and Kline, they were responsible for warning physicians. Pfizer dismissed Kline’s Complaints pursuant to Federal Rule of Civil Procedure 12(b)(6), which successfully dismissed Counts I and VII. Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6) “for failure to state a claim for which relief can be granted.” As the Plaintiff, Kline should have provided several sets of proof in order to support his claim and be granted the relief. Kline failed to provide the Fact Sheet and Authorization forms under the Joint Coordinate Plan.
...health of a patient and a follow up check at the GP’s may be required.
Missed appointments are a huge issue in the Army. A missed appointment affects the readiness of both individual Soldiers and their supporting units. The first and most obvious detriment to the readiness of a Soldier with a missed appointment is the ever-present threat of UCMJ action taken under article 86, Absent Without Leave. To be charged under article 86 of the UCMJ you merely have to be not present at the given place of your appointment at the specified time. Receiving an article 15 for the above charge can have a domino effect on both the Soldier’s professional and personal life. Depending on the severity of the punishment exacted through the article 15 the Service Member runs the risk of losing time, money, and freedom. In an extreme case the loss of these things can cause a fit of depression that firstly could cause the Service Member to seek further help through behavioral health services to feel better. Secondly, if the Service Member is not resilient in the face of this adversity they may not get back on the metaphorical horse and their work suffers for this they can come under even more scrutiny. With an article 15 the lost time for work is not always noticed when it come to the multiple reading and the time it takes to prepare the paperwork. First the commander takes time out of his busy day to read the Service Member not only once but twice. Administration not only takes the time to prepare but also deliver the necessary paperwork to trial defense services. If the offense is repetitive the possibility of court martial can come into play. Now all the work that went into an article 15 grows exponentially. Not only does jag have to pull together a case to prosecute a Soldier, but also the Soldier and their attorney hav...
...urance provider. The scenario reinforced the urgency to seek reputable agency training with seasoned supervisors who provide good training in diagnosis codes.
There was inappropriate staffing in the Emergency Room which was a factor in the event. There was one registered nurse (RN) and one licensed practical nurse (LPN) on duty at the time of the incident. Additional staff was available and not called in. The Emergency Nurses Association holds the position there should be two registered nurses whose responsibility is to prov...
John Lamie a veteran from the Iraq war who struggles with PTSD is also facing a battle with the VA on certain benefits he should be receiving for his psychological health. “Because of a series of complications over the validity of disability exams Lamie took for post-traumatic stress disorder (PTSD), traumatic brain injury (TBI) and other conditions, Lamie’s most recent disability check amounted to $83.19” (“Caring for Veterans” 363). Veterans like John Lamie are receiving only portion of healthcare benefits instead of full benefits which is making them have to foot the bill or not go and get the specific treatment they need because it is